Landlord & Tenant Flashcards
Under a lease, the leasehold interest lies in the
(a) lessor.
(b) lessee.
(c) landlord.
(d) beneficiary.
(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).
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.
(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.
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.
(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.
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
(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.
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
(d)All of the above
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.
(b)assignment.
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.
(b)warranty of habitability.
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
(d)All of the above
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
(d)All of the above
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.
(c)will not be liable for any subsequent injury.
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”
(b)”Legally married only”
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.
(b)abandonment.
Surrender is when a tenant voluntarily gives up a lease before the expiration of its term.
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.
(a)unlawful detainer.
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
(c)5 days
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.
(b)a written notice to pay or quit must be made, allowing three days for payment.
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.
(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.
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.
(b)16 or more dwelling units.
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.
(a)vacancy decontrol.
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)
(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.
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.
(a) a lease.
Which of the following is NOT considered a tenant?
(a) Lessee (b) Boarder (c) Hotel guest (d) Lodger
(c) Hotel guest
Historically, a leasehold was considered a:
(a) real property interest. (b) life estate. (c) personal property interest. (d) fee simple interest.
(c) personal property interest.
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.
(a) an estate for years.
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
(b) Two months’s rent
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.
(c) 21 days.
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.
(b) must be transferred to the new owner.
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
(d) The landlord wants to leave a gift for the tenant
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.
(a) an unlawful detainer.
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.
(b) vacancy decontrol.
