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Bob leases an apartment from Brenda and pays rent of two months in advance,plus a damage deposit.Unfortunately,when he attempts to move in,he finds that Connie is living in the apartment.Connie tells him that Brenda had no right to ask her to leave and that she is staying put.Which of the following is true assuming that Connie has no legal right to occupy the premises?


A) In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant.
B) In a majority of states, the landlord is required to simply provide legal possession of the premises and has no responsibility to see that the previous tenant leaves.
C) In a majority of states Bob and Brenda would have to split any costs involved in removing Connie from the premises.
D) In a majority of states, Bob would be required to initiate legal action to remove Connie, but he would be entitled to reimbursement from Bob.
E) In a majority of states, Bob could have Brenda put in jail if she did not have Connie removed within 30 days.

F) A) and E)
G) A) and C)

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A

A definite-term lease is also known as a[n] ______.


A) Limited-term-lease
B) Term-for-years
C) Applied-term-lease
D) Exact-term-lease
E) Approved-term-lease

F) A) and B)
G) C) and E)

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Which of the following is a clause in a lease agreement allowing the landlord to increase the rent in association with increases in costs of living,property taxes,or the tenant's commercial business?


A) A rent expense agreement
B) A landlord protection clause
C) A rent escalation clause
D) An inflation clause
E) A cost clause

F) A) and E)
G) A) and D)

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C

What rights does Harold have against Holly?


A) Only the right to withhold rent.
B) Only the right to bring suit against Holly for damages.
C) Only the right to bring suit against Holly for breach of contract.
D) The right to not pay rent, and the right to bring suit against Holly for damages or breach of contract.
E) He has no rights unless he can prove that he at all times had acted reasonably toward Holly in the air conditioning dispute.

F) A) and D)
G) A) and B)

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Rent ceilings are always illegal.

A) True
B) False

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Which of the following is the proper term for the action Holly took in locking Harold out of the areas?


A) Reasonable action
B) Full eviction
C) Partial eviction
D) Constructive eviction
E) True eviction

F) B) and E)
G) All of the above

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Which of the following is true regarding Conrad's statement that he had an absolute right to continue paying Brenda until the lease expired?


A) Conrad is correct.
B) Conrad is incorrect because while he has the right to pay the same amount, Brenda has the right to assign the right to receive the payments to Greg or someone else unless the lease terms prevent her from doing so.
C) Conrad is correct only if he gave notice to Brenda prior to the sale that he objected to it.
D) Conrad is correct only if there is less than one year left on his lease agreement.
E) Conrad is correct because Brenda had no right to transfer ownership in the first place.

F) A) and B)
G) A) and D)

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Which of the following was the result in Choices in Cmty.Living Inc.,v.Petkus,the case in the text,the case in the text in which the plaintiff alleged that the defendant violated the Fair Housing Act (FHA) by discriminating against the cognitively disabled in the provision of housing?


A) That the defendant did not violate the FHA because the FHA only prohibits discrimination against the physically disabled, not individuals who have cognitive disabilities.
B) That the defendant did not violate the FHA because zoning regulations prevented renting the dwelling at issue to three or more unrelated people as requested.
C) That the defendant did not violate the FHA because of the reasonable belief on the part of the defendant that the proposed renters would commit substantial waste and damage.
D) That the defendant did not violate the FHA because the defendant established that more desirable renters than the disabled applicants at issue were willing to rent the property at issue.
E) That the defendant violated the FHA.

F) A) and C)
G) A) and B)

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Which of the following is the correct term for the action Christen took in transferring her entire interest in the leased property to Doug?


A) She made an assignment
B) She made a sublease
C) She made a lease transfer
D) She made a sublet
E) She made a rental swap agreement

F) A) and B)
G) A) and C)

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A covenant of quiet enjoyment is one of the covenants made by a lessee.

A) True
B) False

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A[n] ______ eviction occurs when a landlord physically prevents a tenant from entering leased premises.


A) True
B) Actual
C) Constructive
D) Absolute
E) Legal

F) A) and E)
G) A) and B)

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An eviction may only be full,not partial.

A) True
B) False

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Which of the following is true regarding landlord liability in England?


A) For a landlord to be held liable due to negligence, he or she must have created the disputed defect.
B) Landlords are significantly restrained by common law in terms of their liability to the tenant at the time of letting.
C) Nuisance is not recognized as an action against landlords.
D) A landlord is strictly liable for builder created defects.
E) The law favors protection of tenants.

F) A) and C)
G) B) and E)

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Interference with a tenant's quiet enjoyment of property may be in the form of an eviction.

A) True
B) False

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Which of the following is false regarding security deposits?


A) A security deposit is typically in the amount of one month's rent.
B) At the expiration of a lease, the landlord is required to return to the tenant the security deposit minus any costs for damages caused by the tenant.
C) At the expiration of a lease, if a landlord retains any portion of the security deposit, the landlord must provide the tenant with a list of the damages.
D) Federal law determines the amount of time that the landlord has to return the security deposit to the tenant.
E) If the landlord exceeds the deadline in which to return the security deposit, the tenant can recover the deposit, plus attorney fees.

F) A) and D)
G) D) and E)

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Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?


A) Unless prohibited by the lease agreement, both the landlord and the tenant may transfer their respective interests in the property.
B) Unless prohibited by the lease agreement, the tenant may transfer his or her interest in the property, but the interest of the landlord may not be transferred.
C) Unless prohibited by the lease agreement, the landlord may transfer his or her interest in the property, but the interest of the tenant may not be transferred.
D) If the lease is silent on the matter, neither the landlord nor the tenant may transfer his or her respective interests in the property.
E) Only if the lease is for a period of one year or more may both the landlord and the tenant transfer their respective interests in the property unless prohibited by the lease agreement.

F) B) and E)
G) B) and D)

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In the landlord-tenant relationship,the owner of the property is called the _____.


A) Landlord or lessor
B) Landlord or lessee
C) Holder or lessor
D) Holder or lessee
E) Holdee or lessee

F) B) and E)
G) C) and D)

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Which of the following was the result on appeal in Douglas v.Kriegsfeld Corporation,the case in the text in which the tenant claimed that under the Fair Housing Act she was entitled to reasonable accommodation in cleaning her apartment due to her mood disorder?


A) The court ruled in favor of the landlord on the basis that the Fair Housing Act did not have sections requiring accommodation.
B) The court ruled in favor of the landlord on the basis that while accommodations may be required at times under the Fair Housing Act, assisting with cleaning is not one of them.
C) The court ruled in favor of the tenant on the basis that the tenant had established a reasonable basis supporting the need of reasonable accommodation in regard to cleaning.
D) The court ruled in favor of the tenant on the basis that the tenant was caused additional stress due to harassment regarding rent and that, therefore, the landlord was responsible for providing assistance with cleaning.
E) The appellate court remanded the case to the lower court for consideration of the facts according to the test outlined in its decision for determining if a requested accommodation is required.

F) A) and B)
G) B) and D)

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Which of the following is true regarding the right of Dusty to collect rent payments from Doug?


A) Dusty has no right to collect payments from Doug because the agreement he had with Christen prohibited her transferring any rights under the lease.
B) Dusty has no right to collect payments from Doug unless Christen has been adjudicated bankrupt by the bankruptcy court.
C) Dusty has the right to collect rent payments from Doug.
D) Dusty has no right to collect rent payments from Doug unless the agreement between Doug and Christen gave him that right.
E) Dusty has the right to collect rent payments from Doug unless Doug had not been making a profit while operating his business in the leased premises.

F) C) and D)
G) A) and C)

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C

Which of the following is true regarding whether Greg has the right to raise the rent?


A) Greg had the right to double the rent, but that was the maximum amount that he could raise it.
B) Greg could raise the rent as high as he wanted, and Conrad could either pay it or move.
C) Greg could raise the rent by only a rate of 10% per year.
D) Although Brenda had the right to sell the property, Greg did not have the right to raise the rent during the term of the lease.
E) Greg may not raise the rent because Brenda had no right to sell the property in the first place.

F) All of the above
G) A) and B)

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