Landlord and Tenant Law

Question 1

A tenancy for years is a tenancy for…

Answer 1

a fixed, determined period of time.

Question 2

How does a tenancy for years terminate?

Answer 2

Automatically upon its termination date.

No notice required

Question 3

A periodic tenancy is a lease which…

Answer 3

continues for successive intervals until either the landlord or the tenant gives proper notice of termination.

Question 4

An oral term of years in violation of the Statute of Frauds creates…

Answer 4

an implied periodic tenancy, measured by the way rent is tendered.

Question 5

In a residential lease, if a landlord elects to hold over a tenant who has wrongfully stayed on past the conclusion of the original lease, what will arise?

Answer 5

An implied periodic tenancy, measured by the way rent is tendered.

Question 6

A tenancy at will is a tenancy of…

Answer 6

no fixed period or duration, it is terminable at the will of either the LL or tenant.

“To T for as long as L or T desires”

Question 7

A tenancy at will must generally be created by…

Answer 7

an express agreement.

Question 8

A tenancy at sufference is created when…

Answer 8

a tenant wrongfully holds over, meaning they remain in possession past the expiration date of the lease.

Question 9

What is the purpose of a tenancy at sufferance?

Answer 9

To permit the landlord to recover rent.

Question 10

If a tenant continues in possession after their right to possession has ended, the landlord may:

Answer 10

(1) evict the tenant; or
(2) bind the tenant to a new periodic tenancy.

Question 11

A tenant’s primary duties are…

Answer 11

(1) to repair; and (2) to pay rent.

routine repairs other than ordinary wear & tear.

Question 12

If a tenant is on the premises and fails to pay rent the landlord can…

Answer 12

move to evict through an unlawful detianer action.

a LL can NOT engage in self help.

Question 13

Suppose a tenant wrongfully vacates with time left on a term of years lease. What are the landlord’s options?

Answer 13

1. Surrender & end lease;
2. Ignore the abandonment & hold tenant responsible until natural end of lease;
3. Re-let the premises and hold wrongdoer tenant liable for deficiencies.

Question 14

If an entire leasehold is taken by eminent domain, the tenant’s liabilty for rent is…

Answer 14

extinguished, because the leasehold and reversion have merged in the condemnor and there is no longer a leasehold estate.

Tenant is entitled to compensation.

Question 15

If an condemnation/taking is temporay or partial, the tenant’s liability for rent is…

Answer 15

not discharged, but the tenant is entitled to a share of the condemnation award for the taking.

Question 16

If a tenant uses premises for an illegal purpose, the landlord may…

Answer 16

terminate the lease or obtain damages and injunctive relief.

Question 17

A landlord’s duties are…

Answer 17

1. Duty to deliver possession;
   2.

Question 18

The implied covenant of quiet enjoyment provides that…

Answer 18

a tenant has a right to the quiet use and enjoyment of the premises without interference from the landlord.

Question 19

Actual eviction occurs when…

Answer 19

a landlord wrongfully evicts (or excludes T from premises) without cause.

relives tenant of obligation to pay rent

Question 20

A partial eviction occurs when…

Answer 20

the tenant is physically excluded by only part of the leased premises.

relives tenant of obligation to pay rent

Question 21

Constructive eviction occurs when…

Answer 21

the landlord’s breach of duty renders the premises unsuitable for occupancy.

Question 22

A tenant has a claim for constructive eviction if …

Answer 22

(1) Substantial interference (chronic or permanent due to L’s actions);
(2) Notice (T must notify L of problem);
(3) Goodbye (T must vacate).

Question 23

A tenant who has been constructively evicted may…

Answer 23

terminate the lease and seek damages.

Question 24

The implied warranty of habitability provides that….

Answer 24

the premises must be fit for human habitation.

No heat in winter; no running water; no plumbing.

Question 25

The implied warranty of habitability applies only to…

Answer 25

residential leases.

Question 26

If the implied warranty of habitability is breached, the tenant’s options are…

Answer 26

(1) Move;
(2) Repair;
(3) Reduce;
(4) Remain.

Question 27

The Civil Rights Act bars…

Answer 27

racial or ethnic discrimination in the sale or rental of all property.

Question 28

The Fair Housing Act protects…

Answer 28

tenants and potential tenants from discrimination based on race, color, religion, national origin, sex, disability, and familial status.

Question 29

The Fair Housing Act does not apply to…

Answer 29

(1) owner-occupied buildings with four or fewer units in which persons live independently of each other; and
(2) single family homes sold or rented by an owner who owns no more than three single-family homes.

Question 30

The prohibited actions under the Fair Housing Act are:

Answer 30

1. Refusing to negotiate, rent, or sell housing, or give mortgage;
2. Providing different terms for sale/rental;
3. Falsely representing that a dwelling is unavailable;
4. Failing to make reasonable accomodations to affod disabled equal opportunity to dwelling.

Question 31

An assignment is a…

Answer 31

transfer of an entire remaining term of a lease.

Question 32

A sublease is…

Answer 32

a transfer of part of a remaining term of lease.