Chapter 15: Property Management and Landlord Tenant Law

Question 1

The owner of a leasehold has the exclusive right of __________ .

Answer 1

Possession

A leasehold gives the owner the exclusive right of possession of the leased premises

Question 2

In California, the maximum amount of security deposit allowed for an unfurnished residential property is:

Answer 2

Two months’ rent

Two months’ rent is the limit for a security deposit on an unfurnished residential unit

Question 3

An action to evict a tenant from rental housing owned or subsidized by a governmental agency cannot be brought without:

Answer 3

An administrative hearing
(An action to evict from rental housing owned or subsidized by a governmental agency must usually be preceded by an administrative hearing where the tenant can be represented by an attorney, present evidence and witnesses, cross examine the landlord’s witnesses, and so forth)

Question 4

A lease CANNOT be terminated by a landlord when:

Answer 4

The tenant files a complaint against the landlord with the Department of Health.
(A landlord is prohibited by law from retaliating against or penalizing a tenant who complains to the landlord or to an appropriate agency about the condition of a violating premises)

Question 5

In California, if the parties fail to stipulate when rent is due on a lease of less than one year, it shall be payable:

Answer 5

At the end of the lease term
(If the lease fails to stipulate when the rent is due, California law provides that it shall be payable at the end of the lease term if the term is less than one year)

Question 6

A property manager:

Answer 6

Is an agent of the property owner

A property management is an agent of the property owner

Question 7

Even though not specifically set forth in a lease agreement, there is a legally implied:

Answer 7

Warranty of habitability

A landlord has the legal duty to keep the premises habitable or tenantable

Question 8

The landlord has the right to enter a leased premises:

Answer 8

All of the above

The landlord has the legal right of entry in all the circumstances listed

Question 9

By law, a property located in a city or town cannot have a lease term longer than __________ .

Answer 9

99 years
(Property located in a city or town or property leased for the production of oil, gas, or other hydrocarbons, cannot include a lease term longer than 99 years)

Question 10

Withholding essential services is an illegal act known as:

Answer 10

Constructive eviction
(Any act that forces a tenant to vacate the premises is a form of constructive eviction, which is illegal)

Question 11

Under the landlord and tenant laws, a landlord is required to store the personal possessions left behind by tenants for a period of:

Answer 11

30 days 
(A landlord must store abandoned personal possessions for 30 days to enable the tenant to reclaim his or her property)

Question 12

A property management agreement should include:

Answer 12

All of the above

All of the listed items are necessary in addition to many other provisions

Question 13

All of the following are duties of a property manager, EXCEPT:

Answer 13

Filing tax returns on the property for the owner
(The job of the property manager includes showing units to prospective tenants, advertising the property, and managing the day-to-day operations of the property. The property manager does not file tax returns on behalf of the property owner)

Question 14

In nonresidential property, the amount of the required security deposit is limited to:

Answer 14

There is no limitation

There is no limitation to the amount of required security deposit demanded for a nonresidential property