Chapter 6 - Leasehold Estates

Question 1

A couple’s apartment lease has expired, but their landlord has indicated that they may remain on the premises until a sale of the building is closed. The tenants will be charged their normal monthly rental during this period. The tenancy held by the tenants is called …

Answer 1

an estate from period to period.

Question 2

Generally, an oral lease for five years is

Answer 2

unenforceable

Question 3

Rent is BEST defined as

Answer 3

the consideration for the use of real property.

Question 4

A tenant leases a heated apartment, but the landlord fails to provide heat because of a detective central heating plant . The tenant vacates the premises and refuses to pay any rent. This is an example of …

Answer 4

-constructive eviction

Question 5

All of the following tenancies involve a lessor-lessee relationship EXCEPT

• tenancy at will
• tenancy in common
• tenancy from month to month
• tenancy from year to year

Answer 5

-tenancy in common

Question 6

Under the provisions of a typical commercial lease, any trade fixtures that remain in the property after the lease has expired will be the property of

Answer 6

the lessor

Question 7

Which of the following will terminate a lease?

• Sale of the leased premises
• Death of the tenant
• Abandonment of the leased premises by the tenent
• Expiration of the term of the lease

Answer 7

-Expiration of the term of the lease

Question 8

The authority to carry out the eviction of a delinquent tenant from rented property is held by the

Answer 8

the court

Question 9

A tenant’s lease has expired, but the tenant has not vacated the premises or negotiated a renewal lease, and the landlord has declared that he does not want the tenant to remain in the building. This type of occupancy is called an estate…

Answer 9

at sufferance

Question 10

A commercial lease does not specifically indicate who is responsible for making repairs to the premises. The expense of making such repairs is generally

Answer 10

paid by the lessee

Question 11

When a tenant sublets all or any part of the premises rented under a written lease, the …

Answer 11

original lease is unaffected unless it contains a provision that prohibits such subletting.

Question 12

All of the following would acquire title to real property EXCEPT…

• a grantee
• a devisee
• a vendee
• a lessee

Answer 12

a lessee

Question 13

The principal difference between an estate for years and an estate from year to year is that an estate …

Answer 13

-estate from year to year has no expiration date.

Question 14

a lessee who pays some or all of the property expenses has a

Answer 14

-net lease

Question 15

The covenant implied in a lease that ensures that the tenant will not be evicted by someone claiming ownership of the property prior to that of the lessor is the covenant …

Answer 15

• of quite enjoyment

Question 16

According to the written one-year lease, the tenancy will expire on May 1. To obtain possession as of that date, the landlord must give the tenant…

Answer 16

-no notice

Question 17

The owner of real estate who leases it to another is called the

Answer 17

lessor

Question 18

A lease that will terminate within one year of its inception

Answer 18

can be verbal

Question 19

Which if the following is the BEST definition of actual eviction?

• The right of a landlord to use the rental premises
• The enforcement of a court order to remove a lessor
• The landlord’s reversionary right in the rental premises
• The enforcement of a court order to remove a lessee.

Answer 19

-The enforcement of a court order to remove a lessee.

Question 20

When a tenant holds possession of a landlord’s property without a definite lease term but with the consent of the landlord, this is called

Answer 20

tenancy at will

Question 21

In the event that it is necessary, how might a landlord remove a tenant from the premises?

Answer 21

-File an eviction

Question 22

If a leased building collapsed and the tenant was forced to move out, this could be called,

Answer 22

-constructive eviction

Question 23

When a tenant has an estate for years

Answer 23

no notice is required to terminate the lease at the end of the term.

Question 24

A lessee is in possession of property under under a tenancy at will. Which of the following is TRUE?

• The lessee has not received the consent of the landlord to possess the property.
• The tenancy will terminate if the lessee dies
• The tenancy was created by the death of the lessor.
• The tenancy has a definite termination date.

Answer 24

-The tenancy will terminate if the lessee dies

Question 25

Under a gross lease for a jewelry store, the lessee may be requested to pay

Answer 25

a percent of sales

Question 26

Although tenant's lease does not terminate for five or more years, the premises have become too small to accommodate the tenant's growing business. Another business owner is interested in leasing the premises from the tenant for three years. Which of the following would the parties MOST LIKELY use for the tenant to lease the space to the business owner? - An assignment - A Novation - A Sublease - A Tenancy at sufferance

Answer 26

-A Sublease

Question 27

A young couple with a toddler and an infant want to lease an apartment in a complex that is occupied primarily by adults. The rental agent shows the couple apartments only on the first floor. Which of the following is TRUE? - The rental agebt is protecting the other adults from the disruption of the children. - The rental agent should charge a higher security deposit for this family, - The rental agent should have suggested that the couple look elsewhere. - The rental agent should have inquired about the couple's preference for apartments.

Answer 27

-The rental agent should have inquired about the couple's preference for apartments.

Question 28

The landlord's lease prohibits tenants from altering the property in any way. A young women who uses a wheelchair cannot maneuver over the doorstep into the apartment by herself. Nor can she use her wheelchair in the bathroom. Which of the following is TRUE? - The landlord is responsible for making all apartments accessible to people with disabilities. - The tenant cannot remedy these conditions because of the terms of the lease. - The landlord should not have rented this apartment to the tenant. - The tenant is entitled to make the necessary alterations.

Answer 28

-The tenant is entitles to make the necessary alterations.

Question 29

A lease agreement is signed by a lessee who is 17 years of age. Which of the following is TRUE? - A 17 yeat old person cannot sign a lease. - The lease agreement is voidable - The lease agreement is valid provided the security deposit is increased. - The lease agreement is void.

Answer 29

-The lease agreement is voidable

Question 30

An individual rents an apartment for one year. The landlord sells the building during the one-year lease term. What effect does the sale have on the lease ?

Answer 30

-The sale does not effect the lease.

Question 31

What is the purpose of a security deposit?

Answer 31

Repair damage to the property caused bu the tenant.

Question 32

The lessor and lessee have agreed to a lease term of five years. How can the lessor ensure that the rental income during the term reflects the market conditions?

Answer 32

Negotiate an index lease

Question 33

What is the maximum amount of security deposit that a residential landlord may charge for the first year?

Answer 33

up to two months rent

Question 34

A tenant who transfers all rights for the remaining term of the lease to a third party is ...

Answer 34

assigning the lease

Question 35

Under the negotiated term of a residential lease, the landlord is required to maintain the water heater. If a tenant is unable to get hot water because of a faulty water heater that the landlord has failed to repair after repeated notification, all of the following remedies would be available to the tenant EXCEPT - suing the landlord for damages - suing the landlord for breaching the terms of the lease - abandoning the premises under constructive eviction - terminating the lease agreement

Answer 35

-Suing the landlord for breaching the terms of the lease

Question 36

The leasehold interest that automatically renews itself at each expiration is the

Answer 36

tenancy from period to period

Question 37

The death of either the landlord or the tenant will terminate the lease and the parties' heirs will NOT be bound by its terms under a ...

Answer 37

tenancy at will

Question 38

The tenant leases a heated apartment, but the landlord fails to provide heat because of a defective central heating plant. The tenant vacates the premises and refuses to pay rent. This is an example of ...

Answer 38

constructive eviction

Question 39

When the lease is signed, the landlord retains

Answer 39

a reviersionary right to possesion