ch 20 quizzes

Question 1

A lease is both a contract and a conveyance

Answer 1

true

“a lease is a contract that sets forth the terms of the tenancy, and also a conveyance that transfers the right to use and possess the property from the landlord to the tenant”

Question 2

estate for years AKA ___

Answer 2

term tenancy

Question 3

4 types of tenancy

Answer 3

(1) Term tenancy (aka estate for years)- Fixed dates of beginning to ending dates
(2) Periodic - No fixed ending date. Auto renews, and terminates only when a party gives notice of termination (created by express agreement)
(3) At Will- no specified payment or period
(4) At Sufferance- breach lease, at mercy of landlord

Question 4

T/F: an estate for years has to last for at least 2 years

Answer 4

False

An estate for years has a definite beginning and ending date BUT it does not have to last for one or more years.

Question 5

T/F: a tenant who stays in her apartment after her 12-month lease ends and continues to pay rent has a __tenancy at will__

Answer 5

False

“the landlord’s acceptance of rent after the end of a term tenancy will convert this into a periodic tenancy”

Question 6

T/F: a tenant who moves in and pays rent without signing the lease is considered to have accepted its terms

Answer 6

true

“the landlord’s signature is required as evidence that she agreed to the lease contract. The tenant usually signs as well, but his acceptance can be demonstrated by occupying the property and paying rent according to the lease terms”

Question 7

T/F: if the lease for a periodic tenancy does not specify when rent is due it is due at the end of the rental period

Answer 7

true
rent for a month-to-month tenancy would be due at the end of the month. However, most landlords specify in the lease agreement that rent is due at the beginning of the period

Question 8

T/F: landlords are free to require tenants to pay rent in cash

Answer 8

False
“a landlord can require payment in cash only if the tenant’s check bounced or was returned, because the tenant had insufficient funds or stopped payment on it”

Question 9

T/F: a lease for more than a year must be in writing

Answer 9

True

“the statute of frauds requires a lease to be in writing if the term is longer than one year”

Question 10

T/F: in a term tenancy, the landlord can increase the rent at any time

Answer 10

False

“the landlord cannot increase the rent during a term tenancy unless the lease specifically permits it”

Question 11

when a landlord neglects her duties to such an extent that the tenant suffers a substantial interference with the use or habitability of the premises, a ____occurs

Answer 11

constructive eviction

Question 12

quizlet

Answer 12

https://quizlet.com/507470825/lesson-20-flash-cards/

Question 13

The warrant of ___ Is the landlord’s obligation to provide a safe, weatherproof dwelling with working utilities.

Answer 13

habitability

Question 14

“except in emergencies the landlord’s ___ is subject to an advance notice requirement”

Answer 14

right of entry

Question 15

The covenant of ____ is the landlord’s obligation not to interfere with the tenant’s use of the property

Answer 15

quiet enjoyment

Question 16

In the case of serious defects, the tenant may resort to ___rent withholding and place payments in an escrow account until the problem is addressed.

Answer 16

rent withholding

Question 17

A ___ occurs when a landlord evicts a tenant because the tenant made legitimate complaints

Answer 17

retaliatory eviction

Question 18

If the landlord doesn’t repair a significant defect, then the tenant may perform the repairs and deduct the expense from the rent.
the ____ remedy may be used only twice in any 12-month period.

Answer 18

repair and deduct

Question 19

The person who typically receives the new tenant’s rent when only part of a tenancy is transferred = ___

Answer 19

sublessor

The new tenant in a sublease typically pays rent to the original tenant, the sublessor, who in turn pays rent to the landlord

Question 20

A(n) ___ = substitution of a new tenant in a lease contract, releasing the original tenant from his obligations

Answer 20

novation

“a novation is a new contract that allows the original tenant to escape liability for the actions of an assignee or a subtenant”

Question 21

a lease may require___ to consent to a transfer of the tenancy

Answer 21

landlord

“most leases either prohibit assignment and subleasing or require the landlord’s consent to a transfer”

Question 22

___ = The transfer of an entire leasehold.

Answer 22

Assignment

“in an assignment, the tenant transfers the entire leasehold to a new tenant”

Question 23

a lease of part of the rental unit to a new tenant for the entire remaining lease term = ___

Answer 23

Sublease

“a sublease may involve either subleasing only part of the unit, or subleasing the entire unit for only part of the remaining lease term”

Question 24

A new tenant who takes over the remainder of a lease = a(n) ___

Answer 24

Assignee

Question 25

T/F: the tenant in a fixed-term lease must give notice of termination when the lease ends

Answer 25

False

a term tenancy simply ends on the agreed termination date

Question 26

T/F: Just cause for a landlord to terminate a tenancy includes the tenant damaging the premises

Answer 26

True
“fault-based just cause for eviction exists if the tenant has committed a material breach of the terms of the tenancy. This includes damage to the property”

Question 27

T/F: a landlord must try to re-rent a property if the tenant abandons it

Answer 27

True

“the landlord has a duty to make a good faith effort to find a new tenant for the property”

Question 28

T/F: the required notice of termination for a periodic tenancy is usually one rent payment period

Answer 28

True

Question 29

T/F: the landlord may not remove any personal property left behind by a tenant who has abandoned the property

Answer 29

True

“the landlord may move the tenant’s personal property, but is required to store it in a safe place and notify the tenant of her right to reclaim it”

Question 30

T/F: a tenant being evicted for unpaid rent may stop the eviction by paying the rent

Answer 30

True

“tenants may have the right to cure the default and avoid eviction”

Question 31

T/F: a landlord may evict a tenant by changing the locks

Answer 31

False

if the landlord prevails in an unlawful detainer action, to force the tenant to leave, he must request a writ of possession from the court

Question 32

if the landlord prevails in an unlawful detainer action, to force the tenant to leave, he must request a writ of possession from the court

Answer 32

“the landlord should request a writ of possession, which the sheriff will serve on the tenant. The sheriff can physically remove the tenant and his possessions from the premises after 5 days