Question 1

Gary has two houses.He allows his friend David to live in one of them without paying rent.David dies.David's tenancy

Accepted Answer

David's tenancy was a personal arrangement with Gary and was not based on any legal agreement or contract. Therefore, upon David's death, the arrangement is terminated and there is no legal obligation for Gary to continue to allow any heirs of David to live in the house without paying rent.

Question 2

Sterling,the owner of Timberline Mountain,and Uma,the tenant of the sole cabin on the property,may create a fixed-term tenancy by​

Accepted Answer

A fixed-term tenancy requires an agreement between the landlord and tenant for a specific period of time, which can be created through an express contract. This type of tenancy is established by mutual consent and agreed upon terms, rather than necessity, implication or sufferance.

Question 3

Kelly leases an office from Local Property Company (LPC)for a four-year term with the rent payable monthly.At the end of the term,Kelly retains possession of the office with LPC's consent and continues to pay monthly rent.This is​

Accepted Answer

This is a periodic tenancy because Kelly retains possession with LPC's consent and continues to pay monthly rent after the initial fixed-term has ended.

Question 4

Janice lives in Wendy's beach house without paying rent.Janice's tenancy is​

Accepted Answer

Janice's living arrangement is considered a tenancy at will because there is no formal agreement and she is not paying rent. This type of tenancy can be terminated at any time by either the landlord or the tenant.

Question 5

Elin rents an apartment from Fresh Properties,Inc.A clause in the lease provides that Fresh is not responsible for interruptions in the apartment building's heating.A court would likely hold this clause to be​

Accepted Answer

A court would likely hold the clause as unconscionable because it may be deemed unfair or oppressive to exempt the landlord from providing essential services like heating, which are necessary for habitability.

Question 6

Paula owns Main Street Apartments.Paula may legally turn down a prospective tenant based on the tenant's​

Accepted Answer

Discrimination based on race, gender, or religion is illegal under federal and state fair housing laws. Paula cannot turn down a prospective tenant based on any of these factors. Therefore, the only correct answer is C (none of the choices).

Question 7

Fact Pattern 38-1Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Later, Unique Fashions begins to sell items that are similar to Trends Clothing's goods, and Trends Clothing abandons its space before the end of the lease term.
-Refer to Fact Pattern 38-1.Trends Clothing is liable to​

Accepted Answer

Trends Clothing is liable to Stores & Shops for at least some of the unpaid rent because they abandoned their space before the end of the lease term. However, they are not responsible for disputing Unique Fashions's business decision or for the actions of other tenants in the mall.

Question 8

Violet occupies a house on her mother Ruth's farm without paying rent.Either party can terminate this arrangement without notice.This is​

Accepted Answer

A tenancy at will is a type of tenancy where there is no written or verbal rental agreement, and either party can terminate the agreement without notice. In this scenario, Violet is occupying the house on her mother's farm without paying rent and there is no agreement regarding the duration of tenancy or rent amount. Therefore, it is classified as a tenancy at will.

Question 9

Lee leases a house from Megan for a two-year term.To ensure the validity of their lease,it should include​

Accepted Answer

Including a provision for the landlord's future interest is important to ensure the validity of the lease. This would typically include a statement regarding the right of the landlord to sell or transfer ownership of the property during the lease term. The other options are not necessary for the validity of the lease.

Question 10

A state law prohibits gambling houses.Tim rents a building to Victoria under a lease that provides the premises are to be used only to house an illegal betting operation.This lease is​

Accepted Answer

The lease is unenforceable under any circumstances because it is against the law, and therefore, violates public policy. Contracts that violate the law or public policy are considered void and unenforceable. Even if the tenant does not engage in illegal activities, the lease itself is illegal and cannot be enforced by either party.

Question 11

Kristen signs a one-year lease with Lamont to occupy an apartment in Minneapolis near the University of Minnesota.Kristen's tenancy is​

Accepted Answer

Kristen's lease with Lamont is for a specific time period of one year, making it a fixed-term tenancy. This means that both Kristen and Lamont are obligated to fulfill the terms of the lease for the full year, and the tenancy will terminate at the end of the lease term unless renewed by mutual agreement.

Question 12

Winifred leases an apartment from Lakeside Apartments.When the lease ends,Winifred refuses to leave the apartment and stops paying rent.Lakeside Apartments can collect damages​

Accepted Answer

Lakeside Apartments can collect damages based on the fair market rental value of the apartment, as this reflects the actual loss incurred due to Winifred's refusal to vacate and pay rent.

Question 13

Paul wants to lease a condo for two years from Cool Condos Company.In most states the lease agreement​

Accepted Answer

In most states, a lease agreement must be in writing to be legally enforceable.

Question 14

Maggie uses John's garage to store her car.She does not pay rent.John decides that he needs the garage for his own car.To terminate Maggie's tenancy,John​

Accepted Answer

The answer of Maggie uses John's garage to store her...

Question 15

Alf rents an apartment.The lease does not specify how long it will last,but it does specify that Alf must pay rent every month.Alf's tenancy is​

Accepted Answer

A periodic tenancy is a tenancy that continues for successive periods until one party gives notice to terminate the tenancy. The fact that Alf must pay rent every month indicates that he is on a periodic tenancy. A fixed-term tenancy would specify an end date, which is not the case here. A tenancy at will is a type of tenancy that gives either party the right to terminate the tenancy at any time, which is not the case here. Option D is not correct because there is a valid tenancy in place.

Question 16

Grey rents an apartment to Hugh,who retains possession of the apartment after the lease expires without making any payments of rent.This is

Accepted Answer

A tenancy at sufferance is also known as a holdover tenancy, where a tenant remains in possession of a property after the lease has expired without the landlord's consent or agreement. In this scenario, Hugh has not made any payments of rent, indicating that he is not under a periodic tenancy where rent is paid on a recurring basis. It is also not a tenancy at will, which is a type of tenancy without any specific duration or termination date. A fixed-term tenancy would have a definite expiration date, and Grey would have grounds to evict Hugh if he remains in possession without renewing the lease.

Question 17

Wilma has a fixed-term tenancy for her apartment with HiQual Apartments.Wilma dies.Her tenancy​

Accepted Answer

The answer of Wilma has a fixed-term tenancy for her...

Question 18

Rita believes that Shady Grove Apartments,Inc.,her landlord,has violated the law in a way that entitles her to withhold the rent.This remedy is generally associated with​

Accepted Answer

Withholding rent is a remedy generally associated with breach of the implied warranty of habitability. This warranty requires that the landlord provide a rental unit that is safe, healthy, and livable. It includes basic necessities like running water, heat, and electricity but also extends to issues like cleanliness, pest control, and repairs. If a landlord violates this warranty, a tenant may have the right to withhold rent until the issue is resolved.

Question 19

Ken has a periodic tenancy that requires him to pay rent weekly.Ken wishes to terminate his tenancy.Under the common law,he must give his landlord notice of at least​

Accepted Answer

Under common law, a tenant with a periodic tenancy must give notice equal to the period of the tenancy, which in this case is one week.

Question 20

A&B Storage,Inc.,signs a six-month lease to occupy a warehouse.This is​

Accepted Answer

The lease agreement for a specific duration of six months indicates a fixed-term tenancy. This means that the tenancy is valid for a fixed period, after which it will terminate unless renewed.

Quiz 38: Landlord and Tenant Law

Gary has two houses.He allows his friend David to live in one of them without paying rent.David dies.David's tenancy

Sterling,the owner of Timberline Mountain,and Uma,the tenant of the sole cabin on the property,may create a fixed-term tenancy by

Kelly leases an office from Local Property Company (LPC) for a four-year term with the rent payable monthly.At the end of the term,Kelly retains possession of the office with LPC's consent and continues to pay monthly rent.This is

Janice lives in Wendy's beach house without paying rent.Janice's tenancy is

Elin rents an apartment from Fresh Properties,Inc.A clause in the lease provides that Fresh is not responsible for interruptions in the apartment building's heating.A court would likely hold this clause to be

Paula owns Main Street Apartments.Paula may legally turn down a prospective tenant based on the tenant's

Violet occupies a house on her mother Ruth's farm without paying rent.Either party can terminate this arrangement without notice.This is

Lee leases a house from Megan for a two-year term.To ensure the validity of their lease,it should include

A state law prohibits gambling houses.Tim rents a building to Victoria under a lease that provides the premises are to be used only to house an illegal betting operation.This lease is

Kristen signs a one-year lease with Lamont to occupy an apartment in Minneapolis near the University of Minnesota.Kristen's tenancy is

Winifred leases an apartment from Lakeside Apartments.When the lease ends,Winifred refuses to leave the apartment and stops paying rent.Lakeside Apartments can collect damages

Paul wants to lease a condo for two years from Cool Condos Company.In most states the lease agreement

Maggie uses John's garage to store her car.She does not pay rent.John decides that he needs the garage for his own car.To terminate Maggie's tenancy,John

Alf rents an apartment.The lease does not specify how long it will last,but it does specify that Alf must pay rent every month.Alf's tenancy is

Grey rents an apartment to Hugh,who retains possession of the apartment after the lease expires without making any payments of rent.This is

Wilma has a fixed-term tenancy for her apartment with HiQual Apartments.Wilma dies.Her tenancy

Rita believes that Shady Grove Apartments,Inc.,her landlord,has violated the law in a way that entitles her to withhold the rent.This remedy is generally associated with

Ken has a periodic tenancy that requires him to pay rent weekly.Ken wishes to terminate his tenancy.Under the common law,he must give his landlord notice of at least

A&B Storage,Inc.,signs a six-month lease to occupy a warehouse.This is

Quiz 38: Landlord and Tenant Law

Gary has two houses.He allows his friend David to live in one of them without paying rent.David dies.David's tenancy

Sterling,the owner of Timberline Mountain,and Uma,the tenant of the sole cabin on the property,may create a fixed-term tenancy by​

Kelly leases an office from Local Property Company (LPC) for a four-year term with the rent payable monthly.At the end of the term,Kelly retains possession of the office with LPC's consent and continues to pay monthly rent.This is​

Janice lives in Wendy's beach house without paying rent.Janice's tenancy is​

Elin rents an apartment from Fresh Properties,Inc.A clause in the lease provides that Fresh is not responsible for interruptions in the apartment building's heating.A court would likely hold this clause to be​

Paula owns Main Street Apartments.Paula may legally turn down a prospective tenant based on the tenant's​

Violet occupies a house on her mother Ruth's farm without paying rent.Either party can terminate this arrangement without notice.This is​

Lee leases a house from Megan for a two-year term.To ensure the validity of their lease,it should include​

A state law prohibits gambling houses.Tim rents a building to Victoria under a lease that provides the premises are to be used only to house an illegal betting operation.This lease is​

Kristen signs a one-year lease with Lamont to occupy an apartment in Minneapolis near the University of Minnesota.Kristen's tenancy is​

Winifred leases an apartment from Lakeside Apartments.When the lease ends,Winifred refuses to leave the apartment and stops paying rent.Lakeside Apartments can collect damages​

Paul wants to lease a condo for two years from Cool Condos Company.In most states the lease agreement​

Maggie uses John's garage to store her car.She does not pay rent.John decides that he needs the garage for his own car.To terminate Maggie's tenancy,John​

Alf rents an apartment.The lease does not specify how long it will last,but it does specify that Alf must pay rent every month.Alf's tenancy is​

Grey rents an apartment to Hugh,who retains possession of the apartment after the lease expires without making any payments of rent.This is

Wilma has a fixed-term tenancy for her apartment with HiQual Apartments.Wilma dies.Her tenancy​

Rita believes that Shady Grove Apartments,Inc.,her landlord,has violated the law in a way that entitles her to withhold the rent.This remedy is generally associated with​

Ken has a periodic tenancy that requires him to pay rent weekly.Ken wishes to terminate his tenancy.Under the common law,he must give his landlord notice of at least​

A&B Storage,Inc.,signs a six-month lease to occupy a warehouse.This is​

Sterling,the owner of Timberline Mountain,and Uma,the tenant of the sole cabin on the property,may create a fixed-term tenancy by

Kelly leases an office from Local Property Company (LPC) for a four-year term with the rent payable monthly.At the end of the term,Kelly retains possession of the office with LPC's consent and continues to pay monthly rent.This is

Janice lives in Wendy's beach house without paying rent.Janice's tenancy is

Elin rents an apartment from Fresh Properties,Inc.A clause in the lease provides that Fresh is not responsible for interruptions in the apartment building's heating.A court would likely hold this clause to be

Paula owns Main Street Apartments.Paula may legally turn down a prospective tenant based on the tenant's

Violet occupies a house on her mother Ruth's farm without paying rent.Either party can terminate this arrangement without notice.This is

Lee leases a house from Megan for a two-year term.To ensure the validity of their lease,it should include

A state law prohibits gambling houses.Tim rents a building to Victoria under a lease that provides the premises are to be used only to house an illegal betting operation.This lease is

Kristen signs a one-year lease with Lamont to occupy an apartment in Minneapolis near the University of Minnesota.Kristen's tenancy is

Winifred leases an apartment from Lakeside Apartments.When the lease ends,Winifred refuses to leave the apartment and stops paying rent.Lakeside Apartments can collect damages

Paul wants to lease a condo for two years from Cool Condos Company.In most states the lease agreement

Maggie uses John's garage to store her car.She does not pay rent.John decides that he needs the garage for his own car.To terminate Maggie's tenancy,John

Alf rents an apartment.The lease does not specify how long it will last,but it does specify that Alf must pay rent every month.Alf's tenancy is

Wilma has a fixed-term tenancy for her apartment with HiQual Apartments.Wilma dies.Her tenancy

Rita believes that Shady Grove Apartments,Inc.,her landlord,has violated the law in a way that entitles her to withhold the rent.This remedy is generally associated with

Ken has a periodic tenancy that requires him to pay rent weekly.Ken wishes to terminate his tenancy.Under the common law,he must give his landlord notice of at least

A&B Storage,Inc.,signs a six-month lease to occupy a warehouse.This is