Quiz: Landlord-Tenant Law
Question 1
5/ 5pts
Given the revolution in landlord-tenant law over the past century, a tenant is
afforded greater protection under case law and statutes. Thus, a landlord
must obtain the tenant’s consent—which cannot be unreasonably withheld—
before the landlord conveys his title to the premises to a buyer.
True
False
Incorrect
Question 2
0/ 5pts
Which true tenancy estate does not require notice of termination?
The periodic tenancy.
The tenancy at will.
The term of years.
The tenancy at sufferance.
Incorrect
Question 3
0/ 5pts
Which of the following statements is correct?
The periodic tenancy lasts one period of fixed time.
The tenancy at will involves a repetitive tenancy period.
The term of years tenancy has a duration of no less than one year.
The tenancy at sufferance gives the landlord the option to renew the
tenancy.
Question 4
5/ 5pts
The characteristics of the common law tenancy at will leasehold interest are
best described by which of the following statements?
An agreement whereby the tenant has a tenancy for a duration of the
parties’ discretion and which will automatically terminate when either the
tenant or the landlord decide to end the tenancy.
An agreement whereby the tenant has a tenancy for a set period of time and
automatically terminates at the conclusion of the period.
An agreement whereby the tenant has a tenancy for a set period of time that
is more than a year and automatically terminates at the conclusion of the
period.
An agreement whereby the tenant has a tenancy for a set period of time that
automatically renews at the conclusion of the period, and that terminates
upon written notice by either party given in advance by a period of equal
length.
Incorrect
Question 5
0/ 5pts
With regard to possession of leased premises, the majority of states require
which of the following?
A landlord must evict a trespasser before a new tenant can move onto the
property as of the date the new tenancy begins.
A landlord must provide the new tenant with the right to possession as of the
date the new tenancy begins.
Both a. and b. above.
Only b. above.
Question 6
5/ 5pts
The most important change in the development of landlord-tenant law in the
modern era has been:
the implied warranty of habitability.
the landlord’s duty to mitigate.
the emphasis on dependent rather than independent covenants.
the Statute of Frauds, which requires a writing.
Question 7
5/ 5pts
The characteristics of a periodic tenancy leasehold interest are best
described by which of the following statements?
An oral or written agreement whereby the tenant has a tenancy for a set
period of time that is more than a year and automatically terminates at the
conclusion of the period.
An oral or written agreement whereby the tenant has a tenancy for a set
period of time that automatically renews at the conclusion of the period, and
that terminates upon written notice by either party given in advance by a
period of equal length.
An oral or written agreement whereby the tenant has a tenancy for a set
period of time and automatically terminates at the conclusion of the period.
An oral or written agreement whereby the tenant has a tenancy for a
duration of the parties’ discretion, which discretion if exercised automatically
terminates the tenancy at that point.
Incorrect
Question 8
0/ 5pts
The contract law concept of mitigation applies to which of the following
circumstances?
A tenant’s offer to surrender the premises that is accepted by the landlord.
A tenant’s abandonment to which the landlord responds by re-entering and
re-letting the premises on behalf of the landlord.
A tenant’s abandonment to which the landlord responds by re-entering and
re-letting the premises on behalf of the tenant.
To b. and c., but not to a.
Question 9
5/ 5pts
A written residential lease must expressly state the implied warranty of
habitability to be enforceable.
True
False
Incorrect
Question 10
0/ 5pts
Which of the following statements is correct?
An assignment involves the termination of the tenant’s lease contract with
the landlord.
A sublease involves the tenant’s transfer of his entire interest in the
leasehold estate.
An assignment involves the tenant’s transfer of his entire interest in the
leasehold estate.
A sublease involves the tenant’s transfer of the right to use the premises to
the end of the lease term to a second tenant without the first tenant’s further
obligation to the landlord.
Incorrect
Question 11
0/ 5pts
Which of the following statements is the most accurate after the modern
revolution in residential landlord-tenant law?
Some states hold that summary eviction proceedings are the exclusive
remedy available to landlords.
Many states uphold freedom of contract between landlord and tenant,
permitting the parties to agree to self-help when the tenant is a holdover
tenant. Summary eviction proceedings replace the common law remedy of
self-help in some states.
Summary eviction proceedings are the preferred remedy for the landlord,
though some states permit the following: self-help for commercial leases,
distraint, and a statutory lien on the tenant’s personal property.
Summary eviction proceedings are an available remedy, but landlords prefer
ejectment proceedings.
Question 12
5/ 5pts
Summary eviction proceedings have been upheld by the U.S. Supreme Court.
The additional significant points of the Court’s holding—besides the issues
related to summary eviction, self-help, and bonds—include:
a declaration that all other efforts by a landlord to evict a tenant are
unconstitutional.
a declaration that the landlord retains the option to use any efforts to evict a
tenant.
a declaration that a summary eviction proceeding in a trial court does not
involve due process or equal protection rights.
a declaration that a summary eviction proceeding in a trial court does not
violate due process rights or equal protection under the law, and the
rejection of the notion that housing is a fundamental right.
Question 13
5/ 5pts
Before a tenant can make a claim of constructive eviction based on the
landlord’s substantial interference with the tenant’s use of the dwelling, the
tenant must:
notify the landlord that a problem in the dwelling is a breach of a dependent
covenant that terminates the lease, and then vacate in a reasonable time.
notify the landlord of the tenant’s effort to resolve the problem in the
dwelling.
notify the landlord that a problem in the dwelling is a breach of an
independent covenant that terminates the lease, and then vacate in a
reasonable time.
notify the landlord of a problem in the dwelling, give the landlord a
reasonable time to cure the problem, and then vacate in a reasonable time.
Incorrect
Question 14
0/ 5pts
Landlord Larsen owned an office building and Tilley was a tenant. The
private trash company hired by Larsen placed the office building’s large
trash dumpsters in the parking spaces allotted to tenant Tilley. The trash
company repeatedly did this two to three days a week, for six months. In the
second month Tilley sent Larsen a letter that complained about the
dumpsters and insisted that Larsen make the parking spaces available to
Tilley’s customers. When the spaces remained unavailable for another
month after the letter, Tilley moved to a new location. A court will likely
conclude …
that Tilley remains liable for rent under the principle of independent
covenants.
that Tilley remains liable for rent under the principle of dependent
covenants.
that Tilley is not liable for rent under the principle of a landlord’s duties
regarding the habitability of the premises.
that Tilley is not liable for rent under the principle of constructive eviction.
Question 15
5/ 5pts
One of the following so-called landlord-tenant relationships has the least
characteristics of a tenancy. Which one?
The periodic tenancy.
The tenancy at will.
The term of years.
. The tenancy at sufferance
Question 16
5/ 5pts
Under the common law and modern law, a leasehold estate is established by
a conveyance of land from landlord to tenant. The duty to pay rent can be
based upon …
the terms of the lease agreement.
the tenant’s possession of the premises.
the tenant’s sales revenue.
all of the above.
none of the above.
Incorrect
Question 17
0/ 5pts
As a result of the significant revolution in landlord-tenant law, which of the
following is the most accurate statement of what is permissible in most
states?
A commercial lease provision can impose non-structural repair duties on the
tenant.
A tenant can waive the implied warranty of habitability.
A landlord has the right to evict a residential tenant when the tenant
complains about housing conditions.
None of the above.
Question 18
5/ 5pts
A tenancy at sufferance becomes a leasehold interest when a holdover
tenant and the landlord agree to a renewal of the expired tenancy.
True
False
Incorrect
Question 19
0/ 5pts
Since leases are a conveyance of real property, every lease agreement must
be in writing because the Statute of Frauds applies to all such conveyances
according to most states.
True
False
Question 20
5/ 5pts
Which of the following is the most accurate statement about a tenant’s
transfer of his leasehold interest?
Most jurisdictions enforce a lease provision that prohibits the tenant’s
transfer of his leasehold interest.
Courts routinely reject a lease provision that gives the landlord the sole
discretion as to whether the tenant can transfer his leasehold interest.
Courts consider it commercially reasonable when a landlord refuses to let its
tenant transfer the leasehold interest because the landlord disagrees with
the religion of the prospective new tenant.
Most jurisdictions apply the traditional reasonableness standard in a lease
dispute involving a lease that requires the lessor’s consent for a tenant’s
transfer but fails to specify the lessor’s standard.
Question 21
5/ 5pts
The Civil Rights Act of 1968 and the Civil Rights Act of 1866 are identical with
regard to the scope of prohibition of racial discrimination?
True
False
Incorrect
Question 22
0/ 5pts
Under modern law, residential tenants are provided greater protection
regarding the payment of rent. This is so, because of which concept below?
Caveat lessee.
The trend toward treating leases as contracts.
The majority of states authorize rent control.
The lease is viewed as a conveyance of land.
Question 23
5/ 5pts
The majority of states impose the duty to mitigate on …
residential and commercial landlords, when the tenant abandons the
premises.
only residential landlords, when the tenant abandons the premises.
neither residential nor commercial landlords, pursuant to the Restatement
(Second) of Property rule.
only commercial landlords, when the tenant abandons the premises.
Incorrect
Question 24
0/ 5pts
The majority of courts hold the landlord who is in the business of renting
premises to residential tenants strictly liable for latent defects that existed at
the formation of the tenancy and which resulted in injury to the tenant.
True
False
Question 25
5/ 5pts
In nearly every rental of a dwelling unit to a residential tenant the landlord
requires a security deposit. Most states have enacted statutes that mandate
the handling of security deposit. The typical statute requires security
deposits to be:
Deposited in a separate interest bearing account.
Applied to costs incurred by landlord as specified in a list provided to tenant
along with reimbursement of any remaining balance upon termination of the
tenancy.
In an amount that does not exceed the statutory limit.
a. to c. are applicable even without litigation.
a. to c. are applicable only when there is litigation.
Quiz Score:80out of 125
This quiz score has been manually adjusted by +10.0 points.
