Landlord & Tenant

Question 1

Under a lease, the leasehold interest lies in the

(a) lessor.
(b) lessee.
(c) landlord.
(d) beneficiary.

Answer 1

(b)lessee.

A leasehold interest is the right to exclusive possession and use of real property for a fixed period of time held by the lessee (tenant).

Question 2

Brown leases a residence from Baker on a three-month written lease. Upon expiration of the written lease, Brown retains possession of the property without the consent of Baker. Brown now holds a(n)

(a) estate at sufferance.
(b) estate for years.
(c) estate at will.
(d) periodic tenancy subject to eviction.

Answer 2

(a)estate at sufferance.

An estate at sufferance is defined as one in which a lessee rightfully comes into possession of the land and retains possession after the expiration of the lease.

Question 3

If no lease term (period of time) is specified in the lease agreement, what is considered the lease term?

(a) Always one month in this case.
(b) The length of time for which rent is paid.
(c) One year ending on the last day of the current fiscal year.
(d) There is no lease term and it runs perpetually.

Answer 3

(b)The length of time for which rent is paid.

The date on which the lease is to commence and the length of the lease term always should be mentioned. If no lease term is specified for a dwelling, the length of time for which rent is paid is considered the lease term. A weekly rent payment implies a weekly term. If there is no specified time for with the rent applies, a month-to-month tenancy is presumed.

Question 4

Which of the following determines the maximum amount of security deposit that may be collected by the landlord on residential property?

(a) First or second floor
(b) One or two story
(c) Furnished or unfurnished
(d) Carpet or no carpet

Answer 4

(c)Furnished or unfurnished

The maximum amount of a security deposit is: two months’ rent for an unfurnished residential property or three months’ rent for a furnished residential property.

Question 5

A landlord wishes to evict a tenant and serves an eviction notice. Under what circumstances could a tenant remain in the property?

(a) The tenant has not had hot water for months
(b) Unlawful entry by the landlord
(c) The lessor failed to repair a weak staircase
(d) All of the above

Answer 5

(d)All of the above

Question 6

When a lessee transfers all of his/her interest in the property, it is called a(n)

(a) assumption.
(b) assignment.
(c) sale.
(d) transfer.

Answer 6

(b)assignment.

Question 7

In addition to following all applicable housing and/or building codes, the landlord must assure that the property is habitable. Even if there is no express provision in a lease agreement, there is a legally implied

(a) one day walk-out clause for tenants.
(b) warranty of habitability.
(c) covenant of constructive eviction.
(d) condition of responsibility.

Answer 7

(b)warranty of habitability.

Question 8

A landlord is not allowed to penalize a tenant who complains about the condition of the premises or who uses rent money for repairs. Retaliatory action by a landlord could include

(a) retaliatory eviction.
(b) increasing rent.
(c) decreasing services.
(d) All of the above

Answer 8

(d)All of the above

Question 9

The tenant also must care for the leased property and use it appropriately. Among the tenant

(a) keeping the premises clean.
(b) using the premises only for their intended purpose.
(c) refraining from defacing, impairing, or removing any part of the structure.
(d) All of the above

Answer 9

(d)All of the above

Question 10

If a tenant is aware of a property defect that arises after taking possession and fails to notify the landlord, the landlord

(a) is still liable for any subsequent injury according to the law.
(b) is still liable for any subsequent injury but without monetary damages.
(c) will not be liable for any subsequent injury.
(d) will be covered under his/her liability insurance.

Answer 10

(c)will not be liable for any subsequent injury.

Question 11

An advertisement is placed in a newspaper. According to the guidelines established by the Fair Employment and Housing Act, which of the following phrases would be considered discriminatory?

(a) “Good neighborhood”
(b) “Legally married only”
(c) “Female roommate wanted”
(d) “Chapel on site”

Answer 11

(b)”Legally married only”

Question 12

When the tenant voluntarily leaves the premises without the landlord’s express or implied consent and with no intention to pay future rent, it is called

(a) breach.
(b) abandonment.
(c) surrender.
(d) termination.

Answer 12

(b)abandonment.

Surrender is when a tenant voluntarily gives up a lease before the expiration of its term.

Question 13

If the tenant fails to comply after notice to pay or quit has been given, the landlord can sue for rent owned and also request an order of eviction from the court by a legal proceeding called

(a) unlawful detainer.
(b) notice to quit.
(c) eviction request.
(d) malicious action.

Answer 13

(a)unlawful detainer.

Question 14

Once the writ of possession is served on the occupant(s) of the property, how long does the occupant have before being removed by the sheriff or marshal?

(a) 1 day
(b) 3 days
(c) 5 days
(d) 10 days

Answer 14

(c)5 days

Question 15

If a mobile home tenant has not paid rent, utility bills, or other fees for at least five days from their due date,

(a) the tenant may be physically removed by the sheriff.
(b) a written notice to pay or quit must be made, allowing three days for payment.
(c) the premises may be condemned by the mobile home owner.
(d) a penalty of twice the amount of the rent may be imposed.

Answer 15

(b)a written notice to pay or quit must be made, allowing three days for payment.

Question 16

A lease contains a clause in which the parties agree to an adjustment of rent based upon some stated criteria. This lease clause is called a(n)

(a) increase clause.
(b) escalator clause.
(c) index clause.
(d) variable rate clause.

Answer 16

(b)escalator clause.

An escalator clause in a lease may provide for an increase in payments based on an increase in an index such as the consumer price index (CPI) or the wholesale price index (WPI). This type of lease is called a graduated lease.

Question 17

In California, an on-site resident property manager is required for building with

(a) 10 or more dwelling units.
(b) 16 or more dwelling units.
(c) 25 or more dwelling units.
(d) 50 or more dwelling units.

Answer 17

(b)16 or more dwelling units.

Question 18

A city ordinance contains a provision that states when a unit becomes vacant there is no restriction on the rent set for a new tenant. This is called

(a) vacancy decontrol.
(b) rent deregulation.
(c) no-cap rent.
(d) rent insurance.

Answer 18

(a)vacancy decontrol.

Question 19

Which of the following protects a tenant’s rights with regard to the use of credit reports?

(a) The Equal Credit Opportunity Act (ECOA)
(b) The Federal Fair Credit Reporting Act (FCRA)
(c) The Federal Tenant Rights Act (FTRA)
(d) The Credit Bureau Regulatory Act (CBRA)

Answer 19

(b)The Federal Fair Credit Reporting Act (FCRA)

The Federal Fair Credit Reporting Act (FCRA) addresses the use of credit reports, as well as the information on tenants provided to credit bureaus by the landlord.

Question 20

To transfer use of an entire property, but not ownership, the property owner would use:

	(a) a lease.
	(b) an easement.
	(c) a quitclaim deed.
	(d) a trust deed.

Answer 20

(a) a lease.

Question 21

Which of the following is NOT considered a tenant?

	(a) Lessee
	(b) Boarder
	(c) Hotel guest
	(d) Lodger

Answer 21

(c) Hotel guest

Question 22

Historically, a leasehold was considered a:

	(a) real property interest.
	(b) life estate.
	(c) personal property interest.
	(d) fee simple interest.

Answer 22

(c) personal property interest.

Question 23

An estate which has a definite termination date is known as:

	(a) an estate for years.
	(b) an estate at will.
	(c) a periodic estate.
	(d) a freehold estate.

Answer 23

(a) an estate for years.

Question 24

What is the maximum amount of security deposit a landlord can collect in advance for an unfurnished residential unit?

	(a) One month's rent
	(b) Two months's rent
	(c) Three month's rent
	(d) Any amount the owner justifies

Answer 24

(b) Two months’s rent

Question 25

When a residential tenant vacates, the landlord must mail the tenant either the entire security deposit or an itmeized list of deductions, plus a check for any remaining balance within:

	(a) 7 days.
	(b) 14 days.
	(c) 21 days.
	(d) 31 days.

Answer 25

(c) 21 days.

Question 26

If a landlord’s interest in leased property is transferred, the security deposit paid by the present tenant:

	(a) may be kept by the landlord.
	(b) must be transferred to the new owner.
	(c) is returned to the tenant immediately.
	(d) is returned to the tenant along with a notice of eviction.

Answer 26

(b) must be transferred to the new owner.

Question 27

Which of the following is NOT considered a valid reason for the landlord to enter the tenant’s unit?

	(a) A person needs help
	(b) There is a gas or water leak
	(c) the landlord needs to make agreed-on repairs
	(d) The landlord wants to leave a gift for the tenant

Answer 27

(d) The landlord wants to leave a gift for the tenant

Question 28

The legal proceeding to evict a tenant is:

	(a) an unlawful detainer.
	(b) a notice to vacate.
	(c) a 30-day notice.
	(d) a quiet title action.

Answer 28

(a) an unlawful detainer.

Question 29

A rent control ordinance that allows market rent to be charged a new tenant has:

	(a) vacancy control.
	(b) vacancy decontrol.
	(c) voluntary rent control.
	(d) base rent stabilization.

Answer 29

(b) vacancy decontrol.