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[Lease Payments] Wu operated a medical transcription business.Planning to open a second office,she rented office space from Matt.Unfortunately,her business didn't do as well as she'd expected,and she decided against opening a second office after she signed the lease.Wu was able to reach an agreement with DeAndre whereby she transferred her entire interest in the leased property to him.The agreement she had with Matt prohibited her from transferring her interest.Matt,however,accepted rent payments from DeAndre because it was the easiest course of action.DeAndre started a catering business in the space.It did well during the holiday season,but DeAndre was unable to maintain bookings and became unable to pay the rent in the spring.Matt called Wu and asked her to pay the rental payments,reminding her that she breached the lease agreement in the first place when she transferred her interest in the lease to DeAndre.Wu told Matt to forget any payments from her and hung up.Matt wants to sue Wu for the lease payments and also for breaching the lease agreement,and he also wants to sue DeAndre.Wu talks to DeAndre,who says that he also has no plans to pay Matt.DeAndre also says that he does not believe he has any liability to Wu if she pays Matt.DeAndre says that the premises were acceptable but he wants out of the catering business. -The action Wu took in transferring her entire interest in the leased property to DeAndre was making ________.


A) A rental swap agreement
B) An assignment
C) A lease transfer
D) A sublet
E) A sublease

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

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If Wu pays Matt,does she have any rights to receive reimbursement from DeAndre?


A) Yes,but she would only be entitled to recover one half of the amounts because she and DeAndre are jointly liable to Matt.
B) No,because only Wu is liable on the assignment.
C) Only if DeAndre specifically agreed by contract when he accepted the premises to reimburse her.
D) Yes,Wu would have a right of reimbursement from DeAndre.
E) No,because she has no legal liability and is acting as a volunteer.

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

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Injuries that occur in common areas based on negligent upkeep are generally the responsibility of whom?


A) The landlord would owe half of the damages and the lessees would split the other half.
B) The landlord.
C) The lessees.
D) The landlord is responsible for all injuries except those occurring in any hallway for which the lessees are liable.
E) Each lessee and the landlord would owe an amount of damages determined by dividing the total damages by the number of lessees plus the landlord.

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

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Regarding a tenant's use of rented premises,which of the following is false?


A) A tenant may not cut down trees in the yard of rental property.
B) A tenant is responsible for negligent damages to an apartment.
C) A tenant had a duty not to cause substantial injury to the landlord's property.
D) A tenant has a duty not to commit waste.
E) A tenant is responsible for carpet that becomes worn.

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

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What rights does Pablo have against Natalia?


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

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

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List the five elements required for the existence of a landlord-tenant relationship.

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A landlord-tenant relationship requires ...

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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 references a landlord's right in some states to some or all of the tenant's personal property in the event that a tenant refuses to pay rent?


A) A landlord's personality
B) A protection lien
C) A tenant's personality
D) An eviction lien
E) A landlord's lien

F) A) and B)
G) None of the above

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Which of the following identifies areas such as yards,lobbies,elevators,stairs,and hallways that are used by all tenants?


A) Use areas
B) Common areas
C) Leased areas
D) Lessee areas
E) Accessible areas

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

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The compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises is called rent.

A) True
B) False

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Can Emilene hire a contractor to repair the electricity and have the landlord pay for the repair?


A) Yes,she may deduct the costs of the repairs so long as she provides the bill after the repair is completed.
B) No,she may deduct the costs of the repairs so long as the repair is for essential services such as electricity and she provides the bill after the repair is completed.
C) No,Rodney must select the contractor to have the repairs done as he is the owner of the property.
D) Yes,but only if she notifies Rodney first and he refuses to make the repairs.
E) Yes.

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

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Can Jeri refuse to rent to Willa and Jessica because of their race?


A) Yes,the Fair Housing Act only covers actual tenants,not prospective tenants.
B) No,Willa and Jessica can bring suit against Jeri under the Fair Housing Act for discrimination.
C) No,Willa and Jessica's remedy is to complain to their local city council.
D) Yes,as long as Jeri assists in finding them adequate and comparable housing.
E) Yes,although the Fair Housing Act prohibits a landlord from discriminating on the basis of race,color,disability,and national origin,religion is not a protected classification.

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

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Regarding the liability of a landlord,which of the following is false?


A) If premises are used for commercial purposes,the landlord has a responsibility to ensure that the premises are in reasonably good condition before the tenant takes control of the property.
B) If the premises are used for commercial purposes,the landlord is responsible for maintaining the premises.
C) If the landlord is aware of a dangerous condition but hides the condition from the tenant,the landlord will be responsible for any resulting injury.
D) If the landlord is aware of a dangerous condition but does not make the tenant aware of the condition,the landlord will be responsible for any resulting injury.
E) If an injury occurs on residential premises because of a condition that the landlord knew or should have known about,the landlord can be held responsible for the injury.

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

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[Climate-Control Conflict] Pablo rented space for his personal training business from Natalia.Natalia and Pablo have an ongoing dispute regarding the air conditioning.Pablo wants a new unit because he says the old one needs repairs too often,but Natalia says that the old unit is fine.One day after a particularly fierce dispute,Pablo comes to work to find that the aerobics room and weight lifting room,areas with air conditioning problems,have been padlocked.Pablo is furious and calls Natalia who tells him that if the areas are so bad,then he should just stay out.Pablo immediately rents different space in a nearby building and moves his business. -What promise in the lease did Natalia breach,if any?


A) The covenant of advantageous business practices
B) The covenant of fair use
C) The covenant of real use
D) The covenant of quiet enjoyment
E) None

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

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Generally,a landlord may terminate the lease if the tenant assigns the lease without the landlord's consent.

A) True
B) False

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What is the difference between an assignment and a sublease with regard to unpaid rent?


A) Unlike a sublease,only the original tenant is liable in an assignment.
B) A landlord can sue in an assignment situation,but not in a sublease situation.
C) Unlike an assignment,both the lessee and sublessee are liable in a sublease.
D) In an assignment,both the assignee and assignor are liable to the landlord for failure to pay rent.With a sublease,only the original tenant is liable to the landlord.
E) There is no difference between an assignment and a sublease with regard to unpaid rent.

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

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What options does the landlord have with regard to the tenant who refuses to leave the premises?


A) The landlord can demand repossession.
B) The landlord can permit the tenant to remain on the property while a new tenant takes possession.
C) In the majority of the states,the landlord can sign a lease with a new party and the new party can assert its right to possession.
D) The landlord can permit the tenant to remain on the property or demand repossession.
E) The landlord can permit the tenant to remain on the property.

F) None of the above
G) A) and D)

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Is Rodney responsible for repairing the crumbling stairs in the common hallway?


A) Yes,but only if all tenants use the stairs equally.
B) Yes,but only if the landlord had paid for the installation of the stairs.
C) No,because the tenants of that floor are responsible for paying the repair cost to the stairs.
D) No,the tenants can create a common fund from which repairs to common areas can be paid.
E) Yes,because the stairs are in the common area of the property.

F) None of the above
G) All of the above

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Which of the following was the result in the "Case Opener," the case in the text in which Roommates.com was sued for alleged violations of the Fair Housing Act and some California statutes because of its involvement in matching roommates?


A) That the defendant was enabling discrimination and was not entitled to immunity under the Communications Decency Act.
B) That the defendant was liable because it required discrimination in order to use its services.
C) That the defendant had immunity under the Communications Decency Act.
D) That the defendant could not be held liable because neither the Fair Housing Act nor the California statutes applied to tenants looking for roommates.
E) That the defendant had no liability to the plaintiffs because of the concept of caveat emptor.

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

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[Rent Dispute] Willa and Jessica are negotiating a lease with Jeri,who owns an apartment building.Jeri offers them a lease from March 1 until February 28 of the following year.However,Willa and Jessica do not want to be locked into a year lease and tell Jeri they prefer to pay each month they intend to live in the apartment.Jeri tells them she's tired of renting to people of their race and refuses to rent them the apartment. -What type of lease did Jeri want to enter?


A) A tenancy-at-sufferance lease
B) A tenancy-at-will lease
C) A periodic-tenancy lease
D) A monthly-term lease
E) A definite-term lease

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

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