Q&A Hero

Q: A(n) _____ occurs when the landlord or the tenant transfers all of her remaining rights under the lease to another person. A. tenancy B. lease C. sublease D. assignment

Q: Which of the following is true of eviction? A. The law gives landlords the power to forcibly evict tenants who default on rents. B. An eviction results when the tenant unjustifiable vacates the leased premises. C. It results from a breach of contract by a tenant. D. The tenant need not be given a notice before eviction.

Q: Landlord wishes to evict Tenant from his apartment because Tenant is three months' behind on the rent. Tenant has indicated that he is unwilling to move out. Which of the following is an accurate statement about Landlord's rights and/or obligations under the circumstances? A. Landlord cannot sue Tenant; instead, Landlord must negotiate further with Tenant. B. Landlord may use the degree of force necessary to physically remove Tenant from the apartment. C. Landlord may change the locks on the apartment while Tenant is temporarily away, so that Tenant cannot get back in. D. Landlord has to follow the prescribed procedure for eviction in that State.

Q: Jill is a month-to-month tenant. She had not paid her rent for 3 months and Landlord Lou decided to evict her. He placed her furniture in a storage locker and changed the lock on her apartment. Lou's actions are: A. proper because Jill had breached her obligations as a tenant. B. proper because a landlord may evict a month-to-month tenant for any reason. C. improper because the law allows a landlord a reasonable right of "self-help." D. improper because Lou should have gone to court and obtained an order of eviction.

Q: Jessica a tenant invited her friend Angelina for dinner at her house. Jessica's carpet that was on the kitchen floor was in a torn condition. As Angelina walked over it, her leg got trapped and she fell down. Her knee got dislocated. Angelina can sue: A. neither Jessica nor the landlord. B. only the landlord. C. both Jessica and her landlord. D. only Jessica.

Q: Linda was visiting Jose at his apartment. While she was there, Linda slipped on a banana peel that Jose had negligently left on the kitchen floor. Linda was injured and sued both Jose and his landlord. Who is liable to Linda? A. Both Jose and the landlord are liable. B. Jose is liable because he was negligent. C. The landlord is liable for all accidents that happen in his apartment. D. No one is liable.

Q: Delta Corp. leased 60,000 square feet in an office building from Tanner under a written 25-year lease. Which of the following statements is correct? A. Tanner's death will terminate the lease and Delta will be able to recover any resulting damages from Tanner's estate. B. Tanner's sale of the office building will terminate the lease unless both Delta and the buyer consent to the assumption of the lease by the buyer. C. In the absence of a provision in the lease to the contrary, Delta does not need Tanner's consent to assign the lease to another party. D. Delta Corp. can legally take possession of Tanner's building at the end of the lease period.

Q: Sisk is a tenant of Met Co. and has two years remaining on a six-year lease executed by Sisk and Met. The lease prohibits subletting but is silent as to Sisk's right to assign the lease. Sisk assigns the lease to Kern Corp. which assumes all of Sisk's obligations under the lease. Met objects to the assignment. Which of the following statements is correct? A. The assignment to Kern is voidable at Met's option. B. Sisk would have been relieved from liability on the lease with Met if Sisk obtained Met's consent to the assignment. C. Sisk will remain liable to Met for the rent provided for in the lease. D. With respect to the rent provided for in the lease, Kern is liable to Sisk but not to Met.

Q: Which of the following statements is accurate in describing a sublease? A. It is another term for an assignment. B. It is used only in the context of commercial property. C. It is an agreement between the original owner and a third-party. D. A sublesee gets only partial rights.

Q: Maggie, the tenant under a one-year lease of an apartment, assigned the lease to her friend, Cosmo. Which of the following is a legally accurate statement? A. Maggie's assignment of the lease is the same thing as the granting of a sublease. B. If Cosmo fails to pay rent during the year covered by the lease, Maggie will be liable for it. C. The assignment extinguishes any further obligations Maggie may have under the lease. D. Maggie's assignment is called a tenancy for a period.

Q: Ace, Bud, and Chet leased an apartment from Stan Slumlord. They signed a lease that established a 12-month rental period at $400 per month as rent. Two months after the three tenants moved into the apartment, Ace and Bud moved out. Ace and Bud each moved to a different and distant state. Slumlord insists that Chet is responsible for the entire $400 per month rent. Is Slumlord correct? A. Slumlord is incorrect. Under these facts, each tenant is responsible for one-third of the rent payment as an implied term of the lease agreement. B. Slumlord is correct. The tenants are jointly and severally liable for the rent payments under the lease. C. Slumlord is incorrect. This is a tenancy at sufferance, meaning that any tenant may vacate without incurring liability for further rent payments. D. Slumlord is correct, if the lease was executed in a state that has adopted the Uniform Landlord-Tenant Act.

Q: Darwin, a college student leased a flat for 15 months which was to terminate in December 2009. Meanwhile he had to go to New Jersey for a project, so he sublet his flat to a friend. It means that: A. Darwin is not liable to the original owner anymore. B. Darwin has not transferred his remaining rights to his friend. C. Darwin has performed an illegal act. D. Darwin has actually performed an assignment.

Q: Which of the following is an accurate statement about limitations on assignment and subleasing in commercial lease agreements? A. Public policy supports limitations on assignment and subleasing; therefore, such limitations are almost always upheld. B. Ambiguous contract language limiting assignment of leases is narrowly construed and is usually resolved against the landlord. C. Provisions requiring a landlord's consent to assignment are almost never upheld by the courts. D. Total prohibitions against assignment can be enforced, and are favored under the law.

Q: Which of the following is characteristic of exculpatory clauses? A. Courts favor their use in leases of residential property B. Aids tenants in recovering damages from landlords C. Attempts to insulate landlords from negligence liability to tenants D. Enforceable only in residential property leases

Q: June included an exculpatory clause in the lease agreement for her house that May was renting. During her lease period, May slipped and fell on the staircase which was made of faulty and rotten floorboards. Can May recover damages from June if she files a lawsuit? A. Yes, because June is responsible for the care of the premises and many courts are declaring exculpatory clauses as unenforceable. B. Yes, because the lease period is not yet over. C. No, because May should have been more careful. D. No, because courts will probably enforce the exculpatory clause.

Q: Larry leased an apartment to Terry. The lease agreement prohibits Terry from assigning or subletting the property. Such a provision: A. is generally void. B. is unenforceable, unless Larry changes his mind. C. is unenforceable, unless Terry needs to sublet the property. D. is generally enforceable.

Q: Why is the implied warranty of habitability considered to be superior to the doctrine of constructive eviction? A. The tenant does not have to vacate the premises to seek damages. B. Constructive eviction does not obligate the landlord to make repairs. C. Constructive eviction is applicable only to commercial property. D. Landlords need to pay damages to tenants.

Q: Brandon leased his house to Patrick for 5 months. A few days after moving in Patrick found that the house had several defects such as leaking taps, broken windows, faulty electrical wiring. Despite repeated requests, Brandon did not do the repairs. As a result, Patrick went ahead with the repairs and deducted the amount from the rent due that particular month. Brandon threatened to sue him. Brandon will: A. win the case because he is the owner of the house. B. win the case because a tenant has no right to repair defects. C. lose the case because he was informed of the defects before the repairs. D. lose the case because the law is biased toward tenants.

Q: Miranda leased an apartment, which had broken floorboards, from Gail. She invited her friend Claire for dinner one evening to the apartment; during the course of the evening, Claire slipped on the floorboards and broke her ankle. Which of the following is true of the case? A. Claire cannot recover any monetary damages. B. Claire cannot recover any damages for trauma. C. Claire can recover damages only from Miranda. D. Claire can recover damages from Gail.

Q: Which of the following can provide relief to landlords from cases of negligence liability? A. Assignment B. Tort liability C. An Exculpatory clause in a lease D. Constructive eviction

Q: Teresa rented an apartment from Len for one year, beginning January 1st, 2008. When Teresa tried to take possession of the rental unit, Paul, a prior renter, was still there. Teresa asked Len to help her get Paul out. Len simply shrugged, telling Teresa that it was now her problem. A. Teresa must bring an eviction action against Paul. B. Teresa must wait for Paul to vacate the premises at his convenience. C. Len breached the implied warranty of possession. D. Len and Teresa have created a periodic tenancy.

Q: Magnum Corp. rented a building from Wheiler to set up an office for a 5 year lease period. After the office was set up, it was found that the paint was peeling off in many places, the washrooms were broken, and the floors were completely damaged. Magnum sued Wheiler for damages. Magnum will: A. win the case because Wheiler is the owner of the damaged premises. B. win the case because property leased for commercial purposes is the owner's responsibility. C. lose the case because the implied warranty of habitability is not applicable. D. lose the case because Wheiler has no responsibility to maintain his premises.

Q: In which of the following is the implied warranty of habitability applicable? A. Both residential and commercial property leases B. Only residential property leases C. Only commercial property leases D. Only agricultural property leases

Q: The common law held that landlords: A. did not have the right to evict tenants for nonpayment of rent. B. needed to make necessary repairs of their leased premises. C. were responsible for the injuries caused to tenant due to their negligence. D. made no implied warranties about the quality of leased premises.

Q: Which of the following is not a remedy that may be pursued by a tenant for a landlord's breach of implied warranty of habitability? A. Action for damages B. Termination of the lease C. Rent abatement D. Appeal an injunction by the landlord

Q: Which of the following is an accurate statement of a general rule regarding security deposits obtained by landlords from tenants under residential property leases? A. If the landlord intends to retain part, but not all, of the tenant's security deposit, the landlord complies with applicable legal requirements if he verbally notifies the tenant of that intent. B. The landlord is not entitled to use any part of the security deposit to cover the cost of remedying ordinary wear and tear that occurred during the tenant's occupation of the property. C. The landlord is entitled to use any part of the security deposit as a way to recover unpaid rent. D. As a general rule, security deposits are generally nonrefundable unless the tenant makes a convincing written showing of why part or all of the security deposit should be refunded to him or her.

Q: Tanya, a tenant gave Lou, her landlord, a $1,000 security deposit when she moved in. When she moved out four years later, Lou withheld $500 from Tanya's deposit because the carpet was 50% worn out. This was the only damage in the apartment. The carpet has a normal useful life of eight years, and it costs $1,000. How much of the security deposit was Lou entitled to withhold? A. $500, because wear and tear is the responsibility of the tenant. B. Nothing; Tanya should replace the carpet before moving out. C. Nothing, because the wear and tear here was ordinary and reasonable. D. The entire value of the carpet, i.e., $1000.

Q: Bill leased a villa from Mark for a period of two years. Two months after he moved in, he was regularly disturbed by the noise created by a group of young boys living in the adjacent plot. Despite repeated requests to the neighbors and Mark, there has been no improvement in the situation. Which of the following is an accurate statement? A. Mark is liable to Bill under the implied warranty of quiet enjoyment. B. Bill cannot recover damages from either Mark or his neighbors. C. The neighbors have the right to live as they wish to. D. Bill cannot use the remedy of constructive eviction since he has leased residential. property.

Q: Which of the following is a characteristic of the doctrine of constructive eviction? A. It aids landlords to evict tenants who default on rents. B. It aids tenants to vacate property that is unsuitable. C. It requires no legal notice, either before or after eviction. D. It applies only to residential property.

Q: Which of the following is a tenancy for an indefinite period of time? A. Tenancy for a Term B. Tenancy at Sufferance C. Periodic Tenancy D. Tenancy at Will

Q: Leases are regulated by what government entity/laws? A. International treaties and International Organizations B. Federal government and U.S. Constitution C. State and Local D. Native American tribal governments

Q: Scarlett and Mark want to lease an apartment from Connor for a year. Connor first agrees, but on finding that they have two small children, refuses to lease them his apartment. Is Connor's refusal legal? A. Yes, he is the owner and has the right to refuse a lease. B. Yes, he has a valid reason for the refusal. C. No, because Scarlett and Mark have promised to pay rent on time. D. No, because this blatant discrimination is prohibited by the law.

Q: Samuel, a physically disabled young man, has rented an apartment from Beth for a period of two years. Samuel finds that the apartment is ill-equipped to handle his basic needs; he asks Beth for permission to make a few small alterations so that he can move around the house with minimum support. Beth refuses to let him do so and asks him to find another place. Is Beth's refusal legal? A. No, the law allows handicapped tenants to make reasonable modifications. B. No, tenants have the right to do what they like during the lease period. C. Yes, Samuel should find something suitable for him. D. Yes, she is the owner and has supreme rights over her property.

Q: A _____ occurs when a tenant remains in possession of the property (holds over) after a lease has expired. A. periodic tenancy B. tenancy at sufferance C. tenancy at will D. month-to-month tenancy

Q: Which of the following is true of leases in general? A. Provisions of extensions should be drafted separately. B. Long-term leases need to be carefully drafted. C. They are the most important in matters of residential property. D. There are no laws regulating leases, only local housing codes.

Q: Which of the following is true in the case of a lease for a term of more than one year to be enforceable? A. It should be in writing only. B. It cannot be subleased. C. It cannot be assigned. D. It can be oral or in writing.

Q: What is the name if the property interest is conveyed to a tenant under a lease? A. Leasehold Estate B. Freehold Estate C. Life Estate D. Joint Tenancy

Q: A(n) _____ is a contract under which an owner of property, the landlord conveys to the tenant the exclusive right to possess property for a period of time. A. estate B. assignment C. tenancy D. lease

Q: Earl leased an apartment from Kent. Under the terms of the lease, Earl would remain a tenant for eight months and the tenancy would expire on December 8th. This is an example of: A. a tenancy for years. B. a month-to-month tenancy. C. a tenancy at will. D. a tenancy at sufferance.

Q: When Tammy rented an apartment, she and the landlord agreed that she would pay rent on the first of every month. However, they did not agree on the duration of the lease. Under these circumstances, what sort of tenancy was created? A. A tenancy at will B. A tenancy at sufferance C. A periodic tenancy D. A fee simple tenancy

Q: Tenants must do routine tasks to ensure the basic upkeep of rental property.

Q: The tenant will generally be held harmless if an individual is injured on their property.

Q: As a general rule, if a tenant abandons the leased property before the expiration of a lease, the landlord has a duty to mitigate damages.

Q: If a landlord has a lien towards the tenant, the landlord can remove or hold the property of the tenant.

Q: The implied warranty of habitability requires landlords to maintain residential rental property in a statutorily defined, reasonably safe and healthy condition.

Q: An implied warranty of habitability in the leased property makes the landlord the insurer of the tenant's safety.

Q: A landlord who fails to maintain reasonable security may face liability for injuries sustained by those who are criminally attacked on the property.

Q: The Fair Housing Act prohibits housing discrimination on the basis of race.

Q: As in the case of an assignee, the sublessee also acquires similar rights and duties under the lease between the landlord and the tenant.

Q: Under the doctrine of constructive eviction, a tenant may terminate a lease because the condition of the property is unsuitable for the purposes for which it was leased.

Q: The principal of constructive eviction is applicable only to commercial property.

Q: As per common law, landlords make no implied warranties regarding the condition or quality of leased properties.

Q: Regardless of whether the parties' written lease clearly so specifies, the landlord makes an implied warranty of possession.

Q: If a leasee is on a month to month lease and can terminate the lease at any time with notice then lease is called a periodic tenancy.

Q: International law regulates lease terms in the United States.

Q: In most states, landlords must give a reasonable advance notice to the tenant before exercising the right to terminate the tenancy.

Q: A lease is a contract where the owner of property (called the landlord), conveys title to the property to a buyer (called a lessee).

Q: Debra allowed Frank to stay in the guesthouse located at the rear of her property. Debra and Frank never discussed rental terms. It is very likely a tenancy at will has been created.

Q: When a tenant remains in possession of the property after the expiration of a lease, a tenancy at will occurs.

Q: Under a tenancy at will, property is leased for an indefinite period with an agreement to pay rent regularly.

Q: Homeowner Ann Jameson entered into a 90-day exclusive right to sell listing agreement with a real estate broker, Bill Boor. One week later, Jameson sold the house to her neighbor, Jerry Mateo, who learned that the property was for sale when he saw the "for sale" sign in Jameson's yard. Boor contends that he is entitled to a commission on the sale. Is Boor entitled to a commission? Why or why not?

Q: Amber Blue owns a small hotel of the "bed & breakfast" variety. Hunter Greene, a tenant at Blue's bed & breakfast, sustained severe physical injuries when an intruder broke into Greene's room and attacked him with a baseball bat. The intruder neither was an employee of Blue's nor otherwise had any connection with the bed & breakfast. Green filed a tort action against Blue in an effort to collect damages for the medical expenses, lost earnings, and pain and suffering he experienced as a result of the intruder's attack. Greene argued that owners of commercial property such as a bed & breakfast are liable, as a matter of law, whenever guests are injured while on the premises. Blue argued that such property owners cannot be held liable when the guest's injuries were directly (and criminally) inflicted by a third-party attacker. Evaluate the arguments made, respectively, by Greene and Blue. Explain your supporting reasoning.

Q: Jack and Jill moved to their dream home in Rural County. One month later, Otis decided to develop the back 10 acres of his 200-acre farm (nearly all of which had consisted of corn and soybean fields) into a hog-raising operation. Unfortunately for Jack and Jill, the said back 10 acres adjoined their property. Jack and Jill claimed that the smell of the hog operation was overwhelming and that they could no longer enjoy living in their dream home. They also thought the hog operation has caused their property value to decline substantially. Rural County had no zoning regulations in effect. Under what legal theory, if any, may Jack and Jill seek legal relief? Explain.

Q: Doug Dillard owns a house that he presently rents out to a family. Dillard would like to convert the house into commercial space (for a store or offices), because the rent he could charge for the property as commercial space would exceed what he is realistically able to charge for the house as a dwelling. The house is located, however, in an area zoned by the city for residential uses only. This means that Dillard cannot convert the house to commercial space unless the city grants him a zoning variance, something the city has refused to do. Dillard has therefore sued the city on the theory that the zoning ordinance and the refusal to grant a variance amount to a taking of his property and entitle him to just compensation under the Fifth Amendment. Will Dillard win his case? Why or why not?

Q: Which of the following is true of zoning ordinances? A. They are issued only by federal authorities. B. There are no remedies against them. C. They stem from the power of eminent domain. D. They regulate the use of real property.

Q: Melissa's home is located in small and quiet neighborhood which has been declared a residential area by the local zoning ordinances. She wants to convert her patio into a small bakery for her neighbors who have often expressed their admiration for her baking skills. Does Melissa have any solution? A. Yes, she can take permission for a variance. B. Yes, she can try for an amendment. C. No, she cannot go against a zoning ordinance. D. No, a residential zone can never be used for commercial purposes.

Q: Sally has been running a small but popular dance studio in her neighborhood for the last 15 years. Recently, a zoning ordinance mandated her neighborhood as strictly residential where no commercial activities could be undertaken. What is Sally's best approach to continue running her studio if she is asked to close it? A. She should request for an amendment to the ordinance. B. She should get her students to protest. C. She could argue that the studio was in existence before the ordinance. D. She does not have a choice and must close or relocate her studio.

Q: Bari deeds Blackacre to Adam, Charlie, and David as joint tenants with right of survivorship. Adam then sells his interest in Blackacre to Sally. Soon after, Charlie dies. Who now owns Blackacre? In what form(s)? Discuss.

Q: Which of the following is a history of what the public records show regarding the passage of title to, and other interests in, a parcel of real property? A. Recorded deed B. Title insurance C. Abstract of title D. Quitclaim deed

Q: Eminent domain: A. allows the government to acquire private property for public use. B. allows a private citizen to sue his neighbors for nuisance. C. instructs private citizens to ensure reasonable security of their premises. D. prohibits discrimination in housing on the basis of race or disabilities.

Q: Nancy, aged 70, has a vacant plot adjacent to her house which she intends to bequeath to her grandson Roy upon her death. However, an important railroad project is being undertaken nearby and the local authorities have informed Nancy that the new railroad will cover her vacant lot. They have also promised her compensation in return. Can the government take her property? A. No, because the plot belongs to her. B. No, because she already intends to bequeath the land to someone. C. Yes, because the government has eminent domain. D. Yes, because the government is the actual owner of all private property.

Q: A deed where the grantor warrants against (and agrees to defend against) title defects and encumbrances that arose after she acquired the property is called: A. a special warranty deed. B. a quitclaim deed. C. a general warranty deed. D. an invalid deed.

Q: A purchaser of real property who wishes to receive the broadest protection with respect to the property being conveyed should obtain a: A. bargain and sale deed. B. general warranty deed. C. quitclaim deed. D. recorded deed.

Q: Which of the following deeds uses phrases such as - "I grant," "I bargain and sell," or "I convey"? A. Grant deeds B. Deeds of general warranty C. Special warranty deeds D. Quitclaim deeds

Q: Which of the following convey whatever title the grantor has at the time he executes the deed but do not contain warranties of title? A. Grant deeds B. Quitclaim deeds C. Special warranty deeds D. General warranty deeds

Q: A broker operating under a(n) _____ contract is entitled to a commission only if he was the first to find a ready, willing, and able buyer. A. open listing B. exclusive right to sell C. exclusive agency listing D. exclusive right

Q: Most owners of real property acquire title how? A. Through tax sale B. Through purchase C. Through inheritance D. Through gift

Q: Which of the following are frequently used to cure technical defects in the chain of title to property? A. Insurable deeds B. Quitclaim deeds C. General warranty deeds D. Special warranty deeds

Q: When taxes assessed on real property are not paid when due, they become a(n) _____ on the land. A. easement B. lease C. loan D. lien

Q: Lisa lives next to a vacant plot that belongs to Carol. Carol has never visited the plot in the last 20 years during which period, Lisa has taken care of it by fencing the plot and mowing the grass. If this continues, Lisa will be able to claim ownership of land based on: A. easement. B. a quitclaim deed. C. adverse possession. D. fee simple absolute.