Quiz 51: Leases


In order to have an enforceable written lease , there should be description of the area leased. However, the due date for rent payment is not necessary as it can be implied from the actions of the landlord and tenant, e.g. tenant pays on the 15 th of every month which landlord accepts. Therefore, the answer is b.

Refer to the case Hill v London, Stetelman, and Kirkwood, Inc. to answer question as below: Facts to this case • Two roommates died in their apartment from suffocation during a fire. • The apartment did not have fire detectors as required by the city. Case Issue The issue is whether the apartment's owners are liable for the roommate's death. Analysis and Conclusion The court held against the apartment owners. They argued that: • Fire alarm was necessary to ensure the safety of apartment dwellers. • Not having a fire alarm endangered the lives of the tenants by increasing the risk of the fire. The owners are held liable for negligence because they failed to abide by a city rule which required fire alarms intended to benefit the safety of tenants.

A) Tenants will have the right to sublease their rental unless stipulated by the lease terms. For example, if R rents a place from landlord L , R may rent it out (sublease it) to another person. Thus, the statement that tenants can't sublease is incorrect. b) Tenants can assign their lease to someone else, for example, by subleasing it. Thus, the statement that tenants can't assign a lease is incorrect. c) A landlord's death will not terminate the lease. The tenant will still be bound to the lease terms. For example, tenant has a lease at a place for 1 year for which early termination will penalize the tenant $1,000. Later the landlord dies; the tenant will still be bound by the penalty terms. On the other hand, the new owner of the property will also be bound by the lease to keep tenant for a year. Thus, the statement that the lease isn't terminated by death is incorrect. d) Logically, if the tenant purchases the leased area he is now the landlord and the lease will be terminated. Thus, this statement is correct.

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