landlord tenant

Question 1

What is the term for when a tenant vacates the leased property without justification and without any present intention of returning?

Answer 1

Abandonment

Abandonment occurs when a tenant defaults in the payment of rent.

Question 2

What are the landlord’s remedies for abandonment by a tenant?

Answer 2

• Sue for all rent through end of the lease
• Call it a surrender
• Mitigate damages and sue for the balance due

Question 3

What is ‘surrender’ in the context of landlord-tenant law?

Answer 3

Mutual agreement between tenant and landlord to terminate the lease early

Question 4

True or False: A landlord is under no duty to mitigate damages caused by a defaulting tenant according to the historic rule.

Answer 4

True

Question 5

What does the modern majority rule state about a landlord’s duty in case of tenant default?

Answer 5

A landlord has a duty to mitigate damages when seeking to recover rents due from a defaulting tenant

Question 6

What requirements must a landlord fulfill to prove they mitigated damages?

Answer 6

• Proving reasonable diligence in attempting to re-let the premises
• Offering or showing the apartment to prospective tenants
• Advertising in local newspapers

Question 7

What is the typical statutory requirement regarding security deposits before the lease term begins?

Answer 7

The landlord requires the tenant to pay a sum of money, usually equal to one or two months’ rent, as security against various risks

Question 8

What are some permissible deductions from a security deposit in California?

Answer 8

• Cleaning costs to restore the unit
• Repair costs for damages beyond normal wear and tear
• Unpaid rent

Question 9

Fill in the blank: The landlord must provide the tenant with a detailed list of any appropriate deductions from the deposit and refund the balance within a _______.

Answer 9

[fixed time period]

Question 10

What happens if a landlord fails to comply with statutory requirements regarding security deposits?

Answer 10

A statutory period is imposed on the landlord for any violation

Question 11

In Elk Creek Management Co. v. Gilbert, what actions are considered ‘protected tenant activities’?

Answer 11

• Complaining about tenancy issues
• Organizing or joining a tenants’ union
• Testifying against the landlord in proceedings

Question 12

What are prohibited landlord responses to protected tenant activities?

Answer 12

• Increasing rent or decreasing services
• Serving a notice to terminate the tenancy
• Bringing or threatening to bring an action for possession

Question 13

What is the modern approach to eviction compared to the historic approach?

Answer 13

Modern approach: Landlord sues for eviction and secures a judgment. Historic approach: Landlord uses self-help to retake possession.

Question 14

What are the common law rules for eviction according to Berg v. Wiley?

Answer 14

• Landlord must be legally entitled to possession
• Landlord’s means of reentry must be peaceable

Question 15

True or False: Self-help is still available to dispose of a tenant who is in possession.

Answer 15

False

Question 16

What is the unlawful detainer process in California?

Answer 16

• Landlord gives notice to tenant
• Notice usually gives tenant 3 days to pay rent or leave

Question 17

What is a common reason tenants receive buyout offers from landlords?

Answer 17

Landlords hope to get tenants to leave rent-controlled apartments without going through formal eviction

Question 18

What was the outcome of the class-action lawsuit against Geoffrey Palmer regarding security deposits?

Answer 18

$12.5 million settlement, including $10 million for security deposits withheld

Question 19

What types of deductions can a landlord make from a security deposit for cleaning in California?

Answer 19

• Cleaning costs to restore cleanliness
• Eliminating flea infestations
• Washing kitchen floors

Question 20

What constitutes normal wear and tear that cannot be charged against a tenant’s security deposit?

Answer 20

• Simple wearing down due to normal use
• Moderate dirt or spotting on carpets and drapes

Question 21

In the context of security deposits, what must landlords provide to tenants regarding deductions?

Answer 21

Copies of invoices and receipts with an itemized statement of deductions

Question 22

What is the landlord’s primary remedy for a defaulting tenant in most states?

Answer 22

To evict the defaulting tenant through judicial process.

Question 23

What is the typical notice period a landlord gives to a tenant in California for unpaid rent?

Answer 23

3 days to pay the rent or leave the property.

Question 24

What happens if a tenant does not respond to an unlawful detainer complaint in California?

Answer 24

The landlord can ask the court for a default judgment and a judgment of possession.

Question 25

How long does a tenant have to file a response to an unlawful detainer complaint?

Answer 25

10 days.

Question 26

What occurs if a tenant files a response to an unlawful detainer complaint?

Answer 26

The court will schedule a trial, typically for about 20 days out.

Question 27

Who presents their case first in an unlawful detainer trial?

Answer 27

The plaintiff-landlord.

Question 28

What form does a landlord fill out if they win a judgment of possession?

Answer 28

Writ of execution.

Question 29

What is a fixture in landlord-tenant law?

Answer 29

Any chattel permanently affixed to the premises by the tenant is considered a fixture.

Question 30

Under common law, can a tenant remove fixtures they installed?

Answer 30

No, fixtures are considered property of the landlord.

Question 31

What is the modern rule regarding fixtures?

Answer 31

The tenant must intend for a chattel to become a permanent part of the premises.

Question 32

What three things must tenants prove in a habitability claim?

Answer 32

* The landlord failed to ensure the premises were fit for human habitation * The tenants did not substantially contribute to the claimed habitability problem * The tenants notified the landlord about the claimed habitability problem and gave reasonable time to fix it.

Question 33

What indicates that a property is not habitable?

Answer 33

Problems that have a material impact on the health or safety of the tenant.

Question 34

In Doe v. New Bedford Housing Authority, what was claimed about the housing developments?

Answer 34

They were plagued by unlawful drug activity affecting tenants' safety and enjoyment.

Question 35

What did the court rule regarding the landlord's duty in Secretary of Housing and Urban Development v. Layfield?

Answer 35

A landlord's duty to provide security measures can be part of the implied warranty of habitability.

Question 36

What is the effect of a landlord winning a judgment of possession?

Answer 36

The landlord gets possession plus damages.

Question 37

Fill in the blank: A property is still habitable even if it has a few _______.

Answer 37

minor defects.

Question 38

True or False: A tenant can remove trade fixtures they installed.

Answer 38

True.

Question 39

What must be proven for a landlord's failure to provide security to be a breach of the warranty of habitability?

Answer 39

Control of areas of common use in an apartment complex.

Question 40

What is a common issue that could render a property uninhabitable?

Answer 40

Lack of adequate security measures.