CHAPTER ELEVEN
True-False
Any element of falsity renders the statement false.
1. The early common-law treated a lease as essentially a conveyance of an interest in real property.
2. Modernly the laws of most states treat a lease as a binding contract, with reciprocal obligations
between the landlord and the tenant.
3. A landlord guarantees the safety of the tenants, in the sense that any injured tenant can recover
damages for bodily injury that occurs on the rented premises.
4. A landlord can include an “exculpatory” clause in a lease and thereby assured to be exonerated for
injuries to tenants that were caused by the negligent design of the premises.
5. Some landlords dislike a tenancy-for-years lease, because they cannot increase rent until the term of
the lease ends.
6. Some landlords prefer a tenancy-for-years lease, because absent a breach the rental income will not
be interrupted until the term of the lease ends.
7. Rent control repeatedly has been ruled constitutional despite the contention that it constitutes the
compulsory “taking” of private property without “just compensation.”
8. Renters receive the benefit of a warranty of habitability, but only if it is so agreed in the lease.
9. If a landlord persists in violating the duty to maintain or repair the premises after being notified, the
tenant may declare the lease terminated and abandon the premises without liability for future rent.
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10. Whether or not the owner of a private (not subsidized by HUD) apartment complex has a duty to
maintain and repair the units will depend upon the terms within the lease, or upon state law.
11. One of the disadvantages of renting is there is no equity build up.
12. A tenant at sufferance is a trespasser who has legal rights, because he or she has paid utility and
telephone bills at the apartment.
13. Abatement is an eviction carried out by a landlord primarily for revenge, or retaliation.
14. All rent control ordinances were recently held to be unconstitutional by the U.S. Supreme Court on
the basis that such ordinances are an uncompensated taking of property by the state without due
process of law.
15. A landlord may use “security deposit” money to make repairs caused by ordinary wear and tear.
16. One of the advantages of renting over homeownership is the flexibility related to moving dwelling
places.
17. In recent years New Zealand has amended its landlord tenant laws to make it easier to evict tenants
in order to sell the rental property.
18. If a tenant fails to pay rent and abandons the premises the landlord may sue the tenant for accrued
rent and damages.
19. The landlord’s favorite self-help remedy, peaceable eviction, is prohibited in all states
Test Bank 3
20. Although often regulated renters deposits can often be used as liquidated damages for harm the
tenant causes the tenancy.
Fill-ins
Complete each sentence or statement.
1. If a landlord evicts a tenant for complaining to a government agency about the condition of the
dwelling, its habitability, or housing code violations, he or she has committed a(n)
__________________.
2. The accumulation of dirt around vents inside an apartment unit is an example of
__________________.
3. A landlord can properly apply the proceeds from a(n) __________________ to repair permanent
carpet stains that were discovered after the end of a tenant’s lease.
4. A tenant can legally transfer his or her rights under a lease by finding a replacement tenant if a(n)
__________________ or a(n) __________________ is permitted (or not excluded) in the lease.
5. A lease is both a conveyance of property and a(n) __________________.
6. The hours of use of a swimming pool can be changed during the term of a lease that incorporates,
by reference, a set of __________________.
7. Landlords can legally screen prospective tenants by reviewing __________________.
8. A(n) __________________ in a lease is a provision that attempts to provide a means for a landlord
to escape personal liability for negligence.
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9. A resident manager at an apartment complex is a(n) __________________ of the owner. As such,
his or her actions within the scope of authority become legally binding on the owner.
10. An action by a landlord to evict a tenant for failure to pay rent is called __________________.
11. A(n) __________________ is not a true tenancy, as it is created by a tenant wrongfully retaining
possession of property.
12. A short period of time after rent is due to pay the rent before an action for eviction can be brought is
called a(n) __________________.
13. A __________________ is a tenancy for as long as both parties agree; with no notice of
termination required.
14. A __________________ is a promise usually implied from the landlord that others will not
interfere with the tenant’s right to occupy the premises.
15. __________________ is a statutory remedy for a landlord to evict a renter who has defaulted in the
payment of rent or who has broken the terms of the lease in some other manner.
Multiple Choice
Select the one best answer.
1. Which of the following laws is not a typical example of government responding to escalating rents
and a housing shortage?
a. rent control laws
b. laws restricting condominium “conversions”
c. laws subsidizing the construction of new apartments
d. growth limitation laws
Test Bank 5
2. Which of the following generally do not cause increases in rent?
a. increases in property taxes
b. increases in maintenance costs
c. increases in vacancy rates
d. increases in utility bills
3. A landlord can legally refuse to rent to a tenant if his or her reason for refusal is the tenant is
a. a foreign immigrant.
b. afflicted with AIDs.
c. identified on a governmental Internet site as a sexual offender.
d. pregnant.
4. A lease provides that the lessee will occupy the premises for a period of 12 months, beginning
August 1, 2007, and will pay $18,000 at the rate of $1,500 per month. Such a lease would create
a(n)
a. estate for years.
b. estate from year to year.
c. tenancy at will.
d. tenancy at sufferance.
5. Assume that Tom rents an apartment from Larry with the understanding that either can terminate
the lease by giving the other 30 days notice. What is the name of this type of lease?
a. tenancy for years
b. periodic tenancy
c. monthly tenancy
d. fixed-period tenancy
6. If a tenant wrongfully stops paying rent and abandons the rented premises three months before the
lease expires, what damages is the landlord absolutely entitled to recover?
a. the agreed upon rent for the unexpired term
b. one-half the agreed upon rent for the unexpired term
c. the agreed upon rent for the unexpired term plus forfeiture of all deposits
d. the agreed upon rent less rent received from any replacement tenant of the apartment during the
unexpired term
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7. Which of the following legal actions would be proper for a landlord to evict a renter from
possession of an apartment because rent was not being paid when due?
a. an action for specific performance
b. an action for damages
c. an action for rent
d. an action for unlawful detainer
8. Which of the following is a possible valid defense by a renter who is faced with a legal action for
eviction for nonpayment of rent?
a. breach of the implied warranty of habitability
b. refusal by landlord to waive fees for late payment of rent
c. refusal by landlord to negotiate in good faith for a lower, more reasonable rent
d. recent sale of the apartment to a new owner who has announced a plan to raise rents as soon as
current leases expire
9. Sexual harassment of tenants is
a. illegal under federal civil rights statutes.
b. a problem very often without an effective legal remedy.
c. uncommon.
d. a form of abatement.
10. Which of the following is an example of ordinary wear and tear?
a. permanent stains in the porcelain toilet bowl
b. broken windows
c. wine stains on curtains caused by a careless guest
d. fingernail scratches around drawer pulls on kitchen cabinets
11. A clause in a lease that precludes a tenant from suing for damages (injuries) caused by his or her
landlord’s negligence is called
a. a distraint clause.
b. an exculpatory clause.
c. a nonliability clause.
d. an anti-loss clause.
Test Bank 7
12. Which of the following matters is a proper subject of inquiry by a prospective tenant of an
apartment?
a. address of the owner dwelling
b. location of the landlord’s parking space
c. names of the repair personnel who are under service contracts with the landlord
d. number and locations of master keys
13. Which of the following matters is the least proper subject of inquiry by a prospective tenant of an
apartment?
a. the hours during which outdoor lights are kept lit
b. the number and kinds of crimes that have occurred on the premises during the preceding six
months
c. the number and kind of lawsuits that have been filed by the landlord during the preceding six
months
d. the last time the lock to the apartment being considered for rental was changed
14. Whether or not the landlord of a small apartment may legally reject, as possible tenants, single
parents with minor children, depends upon
a. the due process clause of the U.S. Constitution.
b. state statutory law.
c. federal Civil Rights laws.
d. HUD rules.
15. Alvin, the landlord, regularly shows prospective tenants Prunella’s apartment without her
permission. If Prunella were to leave before termination of the lease, her defense to an action for
rent would be
a. she was evicted.
b. that her rent was current.
c. she was subjected to a retaliatory eviction.
d. she was constructively evicted.
16. The suspension of the duty of rent payment while premises of an apartment are uninhabitable is
called.
a. constructive deference
b. detainer
c. retaliatory suspension
d. abatement
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17. Gurth and Moretop, students, rented an apartment near the River City University. They hung
photographs on the wall using large nails for anchors. Several times, they brought the barbecue
indoors, which smoked up the walls of the apartment. They spilled soup and beer on the carpet,
which became discolored in such a manner that it could not be cleaned. Kilmer, the landlord, sued
them at the end of the lease for damages related to restoring the apartment to a “like new”
appearance.
a. When the landlord discovered that her apartment was being damaged, she should have evicted
the students. There is no liability for damages, because of her failure to do so.
b. The students must pay for damages, but only for those damages resulting from conduct beyond
ordinary wear and tear.
c. Anyone renting to students should know they are sloppy, so there is no liability.
d. The students must put the apartment in “as good as new” condition.
18. Ramey, the landlord, turned off all of the heat to Alvayay’s apartment during a cold spell in the
middle of a very cold winter. After Alvayay complained to the city housing authority, Ramey gave
him the required 30-day notice under the rental agreement. Alvayay refused to leave and Ramey
has now brought an action to evict. Alvayay’s best defense to an action brought by the landlord is
that there was a
a. retaliatory eviction.
b. periodic tenancy.
c. grace period.
d. constructive eviction.
19. Toufic rented a furnished apartment from Brown for 9 months — the University academic year.
They signed a lease prepared by the landlord, Brown. Brown had copies of the lease on his
computer, but when he printed up the version that was later signed by Toufic he forgot to include
any provision about who would be responsible for damage to the apartment. Toufic hosted several
parties during the year, highlighted by the NCAA College Basketball Championship party. Over 40
people attended and some of the guests did a slam dunk imitation on the apartment couch. Not
surprisingly, the couch broke. The term ended and Brown has claimed that Toufic is responsible for
the broken couch.
a. As a lease is an adhesion contract the landlord is liable for the damage to the couch.
b. Brown can collect for the damages, because it occurred while the apartment was under Toufic’s
control and exceeds ordinary wear and tear.
c. Toufic is liable for ordinary wear and tear to any apartment furniture.
d. A tenant is never responsible for damages caused by guests in an apartment.
Test Bank 9
20. There are certain rights and duties that exist based on the landlord and tenant relationship. They
generally exist even if not provided for in the lease. Which of the following is (or are) an implied
right or duty even if not stated in the lease?
a. The landlord makes an implied warranty of habitability.
b. The tenant agrees to request permission before allowing any over night guests to stay in the
apartment.
c. The landlord agrees to not raise the rent without demonstrating that rent increases are necessity
because the landlord has increased expenses.
d. all of the above
21. Which of the following is true regarding a security deposit on an apartment lease?
a. Refund of any unused security deposit must be within a reasonable time usually two weeks or a
month.
b. The landlord has no duty to itemize and explain charges against the security deposit as long as
they are made in good faith.
c. Only half the security deposit of an amount of $1,000 can be used to repair damages caused to
the tenancy.
d. If damages to an apartment exceed the amount of the security deposit the tenant is not liable for
the additional damages.
22. In the case of New Haverford Partnership v. Stroot the landlord and tenant posed one of the
significant issues in housing occupancy in recent years. The problem litigated was
a. sexual harassment of the tenant by the landlord.
b. the landlord intruding on the occupancy when showing the complex to prospective purchasers.
c. failure to repair water leaks and remove resulting mold from the tenancy.
d. the number of families residing in the leased apartment
Short Answer Essays
1. Discuss the pros and cons of a law that would require landlords to warn existing tenants of any new
tenant who had a criminal record involving a violent or sex related felony.
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2. Before signing a lease for an apartment, what can you do to minimize the possibility that you might
become a victim of criminal activity in or around the complex?
3. Why is an inventory of the contents of newly rented premises, and of their condition, room-by-
room, important? Who should prepare it? What should be done with it?
4. Harold lives in the apartment unit next to Amelia. She is the proud owner of a pit bull named
Sickem. Pets are allowed in the rental complex, which is a primary reason why Amelia rents there.
She was once accosted and sexually abused by a person during one of her regular jogging trips.
Following that experience, she purchased the trained dog, Sickem, which accompanies her
whenever she leaves her apartment. Frequently Harold encounters Amelia about the premises, with
Sickem on a leash. Sickem always growls at Harold, stares at him with menacing eyes, and pulls on
the restraining leash in a threatening way. Each evening, at a fairly late hour, Amelia lets Sickem
run free outside for about sixty minutes. Harold is deathly afraid that sooner or later he will face
Sickem in the dark and that Sickem will attack and perhaps maim or even kill him. Which of the
following actions should Harold take? Explain your answer.
a. Harold should tell Amelia of his fears and demand that she never untie Sickem. If she refuses,
he should sue Amelia for tort damages based upon the fear he is suffering.
b. Harold should simply be careful to look and listen before getting out of his car to make sure
that Sickem isn’t in the vicinity.
Test Bank 11
c. Harold should inform the apartment manager, in writing, that he demands the eviction of
Sickem because it is dangerous. Failing eviction, Harold should refuse to pay rent until the
manager solves the problem. If sued for rent, Harold should defend on the basis of a
constructive eviction.
d. Harold should telephone the police, file a written report, and thereby make a formal record that
the complaint has been made.
5. Distinguish between a periodic tenancy and a tenancy for years.
6. What advantage does a tenant at sufferance have over a trespasser?
7. What is the legal distinction between a transfer by sublease or assignment in landlord tenant law?
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8. A lease is a contract and it is more. Why?
9. Provide two examples of ordinary wear and tear for which a landlord could not deduct from a
cleaning deposit. Provide two examples of damages from which a landlord could deduct from a
cleaning deposit. How would you advise the landlord to present the cleaning deposit in the lease
arrangement How would you advise the landlord to handle the deposit at the close of the
tenancy?