LAW CHP11 Flashcards
The Landlords and Tenants Act of 1974 applies
a. only to cities with a population of 20,000 or more.
b. only to residential and commercial property.
C. only to residential property.
d. to all leased real property in Ohio.
C. only to residential property.
Which lease does NOT have to be in writing?
a. a month-to-month lease for a single-family home
b. a one-year lease that will begin immediately and has an option to renew for one additional year
C a one-year lease that will begin in three weeks
d. a two-year commercial lease with no option to renew
a. a month-to-month lease for a single-family home
Lleases her house to T for a two-year term. Three months after L signs the lease, X makes a very tempting offer to buy the house. Which statement is TRUE?
a. L can sell the house, but X will take title subject to the lease.
b. L cannot sell the house unless T agrees to surrender the lease.
C. L cannot sell the house until the lease expires, because it is a lease for a fixed term.
d. L cannot sell the house without T’s consent, since this is a residential lease.
a. L can sell the house, but X will take title subject to the lease.
T leases an apartment for a one-year term-from November 1 through October 31. But in January, T’s brother buys a house and asks T to come live with him. So, T rents his apartment to X from February 15 through October 31. This is called a(n)
a. assignment.
b. novation.
C. reconveyance.
d. sublease.
d. sublease.
A new tenant signs a two-year lease that begins on March 1, but on March 1, the previous tenant is still living in the apartment. Which statement is TRUE?
a. It is up to the new tenant to start eviction proceedings against the old tenant.
b. The landlord has a duty to get the old tenant out so the new tenant can take possession.
c. The new tenant is entitled to damages but does not have the right to rescind the lease.
d. The new tenant will not owe rent for the period that the old tenant remains in the apartment.
b. The landlord has a duty to get the old tenant out so the new tenant can take possession.
T has a five-year lease for an office in a small building. In the lease, the landlord agreed to keep the common areas in good condition and to perform all major repairs. One rainy autumn, the roof starts leaking badly in several places. The leaks threaten T’s furniture and papers and make the office impossible to work in. T informs the landlord, but the landlord does not send anyone around to repair the problem, so T moves out. This is an example of
a. actual eviction.
b. constructive eviction.
C. self-help eviction.
d. wrongful abandonment.
b. constructive eviction.
L rents apartments for $500 a month. What is the most L can require a tenant to give as a security deposit?
a. $250, since this is a residential tenancy
b. $500
C. $1,500
d. The law does not set a limit on the amount of the deposit.
d. The law does not set a limit on the amount of the deposit.
T turns out to be a landlord’s nightmare. Before L finally gets T evicted, T has caused at least $1,500 damage to the house. T’s security deposit was only $500. Which statement is TRUE?
a. L can sue T for additional damages only if the lease states that T is required to repair any damage to the property that occurs during the tenancy.
b. L can sue T for damages in addition to keeping the security deposit.
C. Once a landlord has chosen to terminate the lease, the tenant is not liable for property damage.
d. The security deposit serves as liquidated damages, so T cannot be sued for additional damages.
b. L can sue T for damages in addition to keeping the security deposit.
When T rented her apartment three years ago, it was in decent condition, but now it is infested with cockroaches, the living room heater does not work, and the stairs are rickety. In spite of T’s frequent complaints, the landlord has not taken care of these problems. Which statement is TRUE?
a. The landlord is not required to fix these problems unless the lease says the landlord has a duty to keep the property habitable during the tenancy.
b. These problems are not the landlord’s responsibility if the lease expressly states that the landlord has no duty to repair the property.
C. Until these problems are fixed, T can be held liable only for the reasonable rental value of the property in its substandard condition.
d. Until these problems are fixed, T cannot be evicted if she stops paying rent.
C. Until these problems are fixed, T can be held liable only for the reasonable rental value of the property in its substandard condition.
t is leasing commercial space from L for an art gallery. The lease states that I cannot be held liable for injuries that occur on the property during the tenancy. One of T’s customers trips over a loose board in the gallery floor and breaks a leg. The board was okay when T moved in. Which statement is TRUE?
a. Both Land T could be held liable, because an exculpatory clause in a lease is always void.
b. L could be held liable, but T could not, because a landlord always has a duty.
C L could be held liable, but T could not, because T is not the landowner.
d. T could be held liable, but L could not, because an exculpatory clause in a nonresidential lease is valid.
d. T could be held liable, but L could not, because an exculpatory clause in a nonresidential lease is valid.
A landlord or tenant who wants to terminate a residential month-to-month lease must give the other party notice at least
a. one week in advance.
b. 15 days in advance.
c. 30 days in advance.
d. two months in advance.
c. 30 days in advance.
A forcible detainer or unlawful detainer action is a lawsuit brought by a
a. landlord against a tenant to evict the tenant.
b. landlord against a tenant who removes fixtures at the end of the lease.
C. tenant against a landlord who does not refund a security deposit.
d tenant against a landlord who wrongfully refuses to perform repairs.
a. landlord against a tenant to evict the tenant.
A notice to vacate must be given to a tenant at least
a. 3 business days before an eviction lawsuit is filed.
b. 30 days before an eviction lawsuit is filed.
c. 30 days before the lease expires.
d. 30 days before the writ of execution is issued.
a. 3 business days before an eviction lawsuit is filed.
The tenant in Apartment 6 has a two-year lease. He has so much trash in his apartment that it is a fire hazard and the landlord wants to evict him as quickl as possible. The landlord’s first step is to
a. file the eviction lawsuit.
b. send him a notice stating the tenancy will terminate in 30 days if the trash is not removed.
C. send him a notice to vacate.
d. file a civil lawsuit to require him to remove the trash since a residential tenant cannot be evicte for this.
b. send him a notice stating the tenancy will terminate in 30 days if the trash is not removed.
A residential landlord got rid of a bad tenant by shutting off the heat in January. That was legal
a. if the tenant was causing a problem that materially affects health and safety.
b. if the tenant was holding over after the lease expired.
C. only if the lease expressly stated the landlord had that right.
d. under no circumstances.
d. under no circumstances.
