Chapter 18

Question 1

Most common type of tenancy

Answer 1

Tenancy for years

Question 2

Tenancy for any period of time even if time is less than 1 year

Answer 2

Tenancy for years

Question 3

Tenancy for automatically renewable periods of time

Month to month

Answer 3

Periodic tenancy

Question 4

Tenancy with no specific time frame

Terminatable by either party at any time

Answer 4

Tenancy at will

Question 5

Tenancy, wrongful posession of land by a tenant

Answer 5

Tenancy at sufferance

Question 6

2 types of tenancy Missouri has

Tenancy for years
Periodic
Tenancy st will
Tenancy at sufferance

Answer 6

Tenancy for years

Periodic tenancy

Question 7

______ covnenant is a material agreement in the lease, breach releases the non breaching party

Independent
Dependent

Answer 7

Dependent

Question 8

Example of dependent covenant of tenant

Answer 8

Duty to pay rent

Question 9

Example of dependent covenent for the landlord

Answer 9

Duty to provide possession

Question 10

_______!covenant is an immaterial agreement in the lease, a breach does not release the other party from the lease

Independent
Dependent

Answer 10

Independent

Question 11

A landlord did not make s minor repair is an example of

Independent
Dependent covenant

Answer 11

Independent

Question 12

The tenant not keeping the premises in a clean condition is an example of a

Independent
Dependent covenant

Answer 12

Independent

Question 13

Standard which the tenant must meet in order to continue occupancy of the property

Answer 13

Lease condition

Question 14

Example of breach of lease condition

Answer 14

If lease says no more than 3 unrelated adults can live in an apartment , but you allow 6

Question 15

Landlord 2 rights to possession

Answer 15

Reversionsry interest

Right of eviction

Question 16

Future interest which allows the landlord s return of possession at the end of the lease

Answer 16

Reversionary interest

Question 17

__________ causes possession to revert (return ) back to the landlord

Answer 17

Reversionsry interest

Question 18

What is the right of eviction ?

Answer 18

Landlords right to remove tenant in event of breach of dependent covenant or lease condition

Question 19

Landlords right to remove tenant in event of breach of __________ or _____

Answer 19

Dependent covenant or lease condition

Question 20

_______ rule requires that the landlord give actual possession of the property to the tenant

English
American

Answer 20

English

Question 21

_______ rule requires landlord to only give s legal right to possession

English
American

Answer 21

American

Question 22

Under the ________ rule, if you were about to move in and the previous tenant still lived there, it is your duty to have them removed not the landlord

English
American

Answer 22

American

Question 23

The _____ rule is much preferable to the tenant

English
American

Answer 23

English

Question 24

Rule that majority states use including Missouri

English
American

Answer 24

English

Question 25

Eviction which occurs by eviction notice or legal action

Answer 25

Actual eviction

Question 26

Eviction in response to a complaint by a tenant to a housing authority

Answer 26

Retaliatory eviction

Question 27

Is retaliatory eviction wrong in states ?

Answer 27

Yes

Question 28

Abandonment by a tenant of residential real estate because the landlords actions gives no reasonable alternative

Answer 28

Constructive eviction

Question 29

To prove constructive eviction. (3)

Answer 29

1. Substantial defect that makes it inhabitable 2. Tenant notifies, landlord doesn't do anything 3. Tenant leaves

Question 30

Term used when something did not actually happen but it will be deemed to have happened because it seems fair under the circumstances

Answer 30

Constructive

Question 31

Is constructive eviction an actual eviction ?

Answer 31

No

Question 32

5 causes for eviction

Answer 32

``` Nonpayment Waste Prohibited alterations Unlawful use Nuisance ```

Question 33

Intention or negligent damaging or real estate

Answer 33

Waste

Question 34

Requires a landlord to keep the leased property fit for human habitation

Answer 34

Implied warranty if habitability

Question 35

5 Clauses which require a tenant to make payment to a landlord

Answer 35

``` Rent Late payment penalties Security deposits Taxes/insurances Repairs doe by landlord ```

Question 36

Transfer by the first tenant of all of his rights to a second tenant

Answer 36

Assignment

Question 37

First tenant in an assignment | Second tenant?

Answer 37

Assignor | Assigned

Question 38

Transfer of Part of a first tenants right to property to a second tenant

Answer 38

Sublease

Question 39

The first tenant in a sublease | The second tenant in a sublease

Answer 39

Sublessor | Sublessee

Question 40

T or F. In a sublease the first tenant has the right to evict the second tenant

Answer 40

T

Question 41

T or F. In an assignment, the first tenant doesn't have the right to evict

Answer 41

T

Question 42

Notice of lease termination given by a landlord or tenant in a periodic lease

Answer 42

Notice to quit

Question 43

In a month to month lease, MO requires notice to be given ____________ to terminate the lease at the end of the month

Answer 43

Before the first day of the month

Question 44

In a year to year lease in MO, landlord must give ______ notice before the end of the lease year

Answer 44

60 days

Question 45

Tenant remains in possession of leased premises after the period in the lease

Answer 45

Holding over

Question 46

________ allows s landlord to keep property of the tenant as security for nonpayment of rent or for damages

Answer 46

Landlords lien

Question 47

In mo , landlords lien apples to

Answer 47

Crops

Question 48

In Mo, does a landlord have duty to mitigate ?

Answer 48

No unless they keep the security deposit