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36 Cards in this Set

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The T’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. The T’s will be charged their normal monthly rental during this period. The tenancy held by the Ts is called a(n)

a. year to year holdover
b. estate for term
c. estate at sufferance
d. estate at will
d. estate at will
Generally, an oral lease for five years is

a. illegal
b. unenforceable
c. a short-term lease
d. renewable only in writing
b. unenforceable
An office rents for $450 per month and measures 12 feet by 20 feet. The advertised annual rent per square foot would be

a. $1.875
b. $4.50
c. $18.75
d. $22.50
d. $22.50
Rent would best be defined as

a. the contractual consideration to a third party
b. the consideration for the use of real property
c. all monies paid by the lessor to the lessee
d. the total amount owed under the terms of a lease
b. the consideration for the use of real property
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

a. abandonment
b. actual eviction
c. constructive eviction
d. lessor negligence
c. constructive eviction
All of the following tenancies involve a lessor-lesee relationship EXCEPT

a. tenancy at will
b. tenancy in common
c. from month to month
d. from year to year
b. tenancy in common
Under the provisions of a typical commercial lease, any trade fixtures that remain in the property after the lease has expired will be the property of the

a. lessor
b. lessee
c. property manager
d. whoever removes them
a. lessor
For a lease to be valid, it must contain

a. the signatures of both the lessor and the lessee
b. a statement of the specific length of time
c. a statement of the retention of the reversionary interest by the lessor
d. a complete legal description of the premises
b. a statement of the specific length of time
The authority to carry out the eviction of a delinquent tenant from rented property is held by the

a. court
b. landlord
c. sheriff
d. property owner
c. sheriff
The Tenants’ Eviction Procedures Act of 1976 is
a. a state law that prohibits the eviction of tenants without just cause
b. a federal law that applies to government-subsidized housing
c. a state law that addresses residential and nonresidential eviction procedures
d. a federal law that supersedes state landlord-tenant legislation
b. a federal law that applies to government-subsidized housing
A tenant’s lease has expired, but the tenant has not vacated the premises or negotiated a renewal lease, and the landlord has declared that he does not want the tenant to remain in the building. This type of occupancy is referred to as an estate

a. for years
b. from year to year
c. at will
d. at sufferance
d. at sufferance
D leases a barber shop from K. The lease does not specifically indicate who is responsible for making repairs to the premises. The expense of making such repairs is generally

a. paid by the lessor
b. paid by the lessee
c. shared buy the lessor and the lessee
d. paid by the lessee who will be reimbursed by the lessor
b. paid by the lessee
When a tenant sublets all or any part of the premises rented under a written lease,

a. the tenant assigns all right title, and interest in the rented property to the new lessee
b. the sublessee becomes primarily responsible to the landlord for the payment of rent and maintenance of the property
c. the original lease is automatically canceled and the sublessee takes possession of the property on a month to month basis
d. the original lease is unaffected unless it contains a provision that prohibits such subletting
d. the original lease is unaffected unless it contains a provision that prohibits such subletting
All of the following would acquire title to real property EXCEPT a

a. grantee
b. devisee
c. vendee
d. lessee
d. lessee
The principle difference between an estate for years and an estate from year to year is that

a. an estate for years is a life estate
b. an estate for years cannot be terminated
c. an estate from year to year must be in writing
d. an estate from year to year has no expiration date
d. an estate from year to year has no expiration date
A lessee who pays some or all of the lessor’s property expenses has a

a. gross lease
b. net lease
c. percentage lease
d. sublease
b. net lease
The covenant implied in a lease that ensures that the tenant will not be evicted by someone claiming ownership of the property prior to that of the lessor is the covenant

a. of seisin
b. of quiet enjoyment
c. of warranty forever
d. against encumbrances
b. of quiet enjoyment
A tenant has an estate for years. According to the written one-year lease, the tenancy will expire on May 1st. For the landlord to obtain possession as of that date, he must give the tenant

a. 30 days’ notice
b. 60 days’ notice
c. no notice
d. notice as of April 15th
c. no notice
The owner of real estate who leases it to another is called the

a. vendor
b. lessor
c. grantor
d. trustor
b. lessor
a lease that will terminate within one year of its inception

a. is invalid
b. violates the provision of the statute of frauds
c. must be in writing
d. can be verbal
d. can be verbal
Which of the following is the best definition of actual eviction?

a. The right of a landlord to use the rental premises.
b. The enforcement of a court order to remove a lessor.
c. The landlord’s reversionary right in the rental premises.
d. The enforcement of a court order to remove a lessee
d. The enforcement of a court order to remove a lessee
When a tenant holds possession of a landlord’s property without a definite lease term but with the consent of the landlord, this is called

a. tenancy in common
b. tenancy at sufferance
c. tenancy at will
d. trespass
c. tenancy at will
In the event that is necessary for a landlord to remove a tenant from the premises, he or she does it by

a. refunding any rents paid
b. refunding any security or other deposits paid
c. filing an eviction suit
d. using the minimum amount of physical force necessary
c. filing an eviction suit
If a leased building collapsed and the tenant was forced to move out, this could be called

a. constructive eviction
b. effective eviction
c. actual eviction
d. detainer
a. constructive eviction
Under a tenancy for years

a. the term of the lease must be for at least one year
b. no notice is required to terminate the lease
c. a 30-day notice is required to terminate the lease
d. the lessee has a freehold estate
b. no notice is required to terminate the lease
A lessee is in possession of a property under a tenancy at will. Which of the following is true?

a. The lessee has not received the consent of the landlord to possess the property
b. The tenancy will terminate if the lessee dies
c. The tenancy was created by the death of the lessor
d. The tenancy has a definite termination date
b. The tenancy will terminate if the lessee dies
Under percentage lease, the lessee may be required to pay

a. maintenance
b. real estate taxes
c. insurance
d. a percent of sales
d. a percent of sales
A tenant’s lease does not terminate for five more years. The premises, however, have become too small to accommodate the tenant’s growing business. Another business owner is interested in leasing the premises from the tenant for 3 years. Which of the following would the parties use for the tenant to lease the space to the business owner?

a. An assignment
b. A novation
c. A sublease
d. A tenancy at sufferance
c. A sublease
A young couple with a toddler and an infant want to lease an apartment in a complex that is occupied primarily by adults. The rental agent shows the couple apartments only on the first floor. Which of the following is true?

a. The rental agent is protecting the other adults from the disruption of the children.
b. The rental agent should charge a higher security deposit for this family.
c. The rental agent should have suggested that the couple look elsewhere.
d. The rental agent should have inquired about the couple’s preference for apartments.
d. The rental agent should have inquired about the couple’s preference for apartments.
The landlord’s lease prohibits tenants from altering the property in any way. A young woman who uses a wheelchair cannot maneuver over the doorstep into the apartment by herself. Nor can she use her wheelchair in the bathroom. Which of the following is true?

a. The landlord is responsible for making all apartments accessible to people with disabilities.
b. The tenant cannot remedy these conditions because of the terms of the lease.
c. The landlord should not have rented this apartment to the tenant.
d. The tenant is entitled to make the necessary alterations.
d. The tenant is entitled to make the necessary alterations.
A lease would be terminated by which of the following?

a. The sale of the leased premises
b. The death of the tenant
c. The abandonment of the leased premises by the tenant
d. The expiration of the term of the lease
d. The expiration of the term of the lease
A tenant is leasing a house until he has saved enough money for the down payment to perform on the sales contract. What type of an arrangement is this?

a. Lease with an option
b. Lease purchase agreement
c. Periodic tenancy
d. Purchase money mortgage
b. Lease purchase agreement
A lease agreement is signed by a lessee who is 17 years of age. Which of the following is true?

a. A 17 year old person cannot sign a lease.
b. The lease agreement is voidable.
c. The lease agreement is valid provided the security deposit is increased.
d. The lease agreement is void.
b. The lease agreement is voidable.
An individual rents an apartment for one year. The landlord sells the building during the one year lease term. What effect does the sale have on the lease?

a. The sale does not affect the lease.
b. The lease is automatically terminated.
c. The new landlord will decide whether to honor the existing lease.
d. The lease is terminated after 60 days notice from the new owner.
a. The sale does not affect the lease.
The purpose of a security deposit is to

a. provide additional revenue for the landlord
b. repair damage to the property caused by the tenant
c. pay for the last month’s rent
d. ensure that the lease is valid
b. repair damage to the property caused by the tenant
The lessor and lessee have agreed to a lease term of 5 years. How could the lessor ensure that the rental income during the term is reflective of the market conditions?

a. Negotiate a new lease each year
b. Collect an additional security deposit each year
c. Negotiate an index lease
d. Negotiate a gross lease
c. Negotiate an index lease