Unit quiz 18

Question 1

A family’s apartment lease has expired, but their landlord has indicated to them that they may remain on the premises until a sale of the building is closed. They will be charged their normal monthly rental during this period. The right held by the family is called

A) a year-to-year holdover.

B) a tenancy at will.

C) an estate for term.

D) an estate at sufferance.

Answer 1

B) a tenancy at will.

Question 2

gives the tenant the right to possess property with the landlord’s consent for an unspecified or indefinite term.

Answer 2

A tenancy (estate) at will

Question 3

The principal difference between an estate for years and an estate from year to year is that an

A) estate for years is a life estate.

B) estate for years cannot be terminated.

C) estate from year to year has no expiration date.

D) estate from year to year must be in writing.

Answer 3

C) estate from year to year has no expiration date.

Question 4

An estate (tenancy) for years has specific

Answer 4

beginning and ending dates.

Question 5

The covenant implied in a lease that ensures that the landlord will not interfere in the tenant’s possession or use of the property is the covenant

Answer 5

of quiet enjoyment.

Question 6

The lessor and lessee have agreed to a lease term of five years. In order to ensure that the rental income during the term is reflective of market conditions, the lessor could

A) negotiate a gross lease.

B) negotiate a new lease each year.

C) collect an additional security deposit each year.

D) negotiate an index lease.

Answer 6

D) negotiate an index lease.

Question 7

allows rent to be increased or decreased periodically based on changes in the consumer price index or some other economic factor.

Answer 7

An index lease

Question 8

The tenant leases a heated apartment, but the landlord fails to provide heat because of a defective central heating plant. The tenant vacates the premises and refuses to pay any rent. This is an example of

Answer 8

constructive eviction

Question 9

terminates the lease when the landlord breaches any clause of the lease agreement. The tenant must prove that the premises have become unusable because of the conscious neglect of the landlord.

Answer 9

Constructive eviction

Question 10

A tenancy in which the tenant continues in possession after the lease has expired, without the landlord’s permission, is a

Answer 10

tenancy at sufferance.

Question 11

A tenant moves a pet into an apartment community that has a no-pets policy. The landlord wishes to remove the tenant due to the breach. The legal process to remove a tenant is known as

Answer 11

actual eviction.

Question 12

landlord negligence can result in a tenant’s being forced to move, and this is known as

Answer 12

constructive eviction.

Question 13

A tenant’s breach of a lease can result in actual eviction

Answer 13

actual eviction

Question 14

Under the negotiated terms of a certain residential lease, the landlord is required to maintain the water heater. If the tenant is unable to get hot water because of a faulty water heater that the landlord has failed to repair after repeated notification, the tenant could do all of the following EXCEPT

A) terminate the lease agreement.

B) abandon the premises claiming constructive eviction.

C) sue the landlord for damages.

D) order a new water heater and send the bill to the landlord.

Answer 14

D) order a new water heater and send the bill to the landlord.

Question 15

A tenant still has five months remaining on a one-year apartment lease. When the tenant moves to another city, he transfers possession of the apartment to a friend for the entire remaining term of the lease. The friend pays rent directly to the tenant. In this situation, the tenant has become a(n)

Answer 15

sublessor.

The tenant is the tenant of his landlord (lessor) and, in turn, is the landlord of his friend. In this sandwich position, he is a sublessor.

Question 16

Rent would BEST be described as

A) contractual consideration to a third party.

B) the total balance owed under the terms of a lease.

C) consideration for the use of real property.

D) all monies paid by the lessor to the lessee.

Answer 16

C) consideration for the use of real property.

Question 17

the exchange of something of value by the tenant for possession of property owned by another person.

Answer 17

Consideration

Question 18

An arrangement whereby the owner of property sells the property and then leases it back again for an agreed period and rental is called

Answer 18

Sale and leaseback

Question 19

A tenant enters into a commercial lease that requires a monthly rent of a minimum fixed amount, plus an additional amount determined by the tenant’s gross receipts exceeding $5,000. This type of lease is called a

A) percentage lease.

B) net lease.

C) gross lease.

D) standard lease.

Answer 19

A) percentage lease.

In such a situation, the landlord shares in the tenant’s business risk because of the possibility of receiving no more in rent than the minimum fixed amount.

Question 20

Which of the following is TRUE about a holdover tenant?

A) The landlord must accept additional rent if the tenant remains on the premises.

B) The landlord may evict the tenant.

C) The tenant must give the landlord a 30-day notice to vacate.

D) The tenant may continue to occupy the premises without permission of the landlord.

Answer 20

B) The landlord may evict the tenant.

If the landlord accepts rental payment, this action will usually create a periodic tenancy. However, a landlord can evict the holdover tenant and not accept any additional payments.

Question 21

A tenant who remains in possession of the premises after an estate for years has expired is called a holdover tenant

Answer 21

holdover tenant