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Exam 39: Landlord and Tenant Law

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Question 31

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A tenant may be allowed to withhold rent as a remedy when

A) the tenant would prefer to pay a lower amount.
B) a landlord breaches the implied warranty of habitability.
C) the tenant moves out, even if the lease is still in force.
D) the tenant unjustifiably refuses to occupy the property.

E) B) and C)
F) B) and D)

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Question 32

Multiple Choice

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Sully leases an apartment owned by Tropic Residences, Inc. Sully's transfer of his interest in the lease to Rico for a period shorter than the lease term is

A) an assignment.
B) a covenant of quiet enjoyment.
C) a periodic tenancy.
D) a sublease.

E) A) and B)
F) None of the above

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Question 33

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The same restrictions that apply to an assignment of the tenant's interest in leased property apply to a sublease.

If a tenant terminates a fixed-term tenancy before the end of the term, the tenant has most likely breached the lease contract.

Jan lives in Ken's beach house with his permission but without paying rent. Jan's tenancy is

Kelly leases an office from Local Property Company (LPC) for a four-year term with the rent payable monthly. At the end of the term, Kelly retains possession of the office with LPC's consent and continues to pay monthly rent. This new arrangement is

The landlord has a duty to deliver possession of leased property to the tenant within 30 days of the beginning of the lease term.

When a landlord interferes with a tenant's use or enjoyment of the leased property, an eviction occurs.

In most states, some leases must be in writing.

Refer to Fact Pattern 39-1. Suppose that the premises occupied by Unique are destroyed by flood. Under most state laws, Trends

A periodic tenancy is a tenancy that ends at a specified time.

Rafe signs a one-year lease for an apartment owned by Suki. Rafe's tenancy is

Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely

Gary has two houses. He allows his friend David to live in one of them without paying rent. David dies. David's tenancy

If the lease states the time it will end, the landlord is not required to give the tenant notice.

Grey rents an apartment to Hugh, who retains possession of the apartment after the lease expires without making any payment of rent and without Grey's permission. This is

Depriving a lessee of the possession of property is a landlord's right and duty.

The tenant's use of the leased property must not injure the landlord's interest.

Fact Pattern 39-1 Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Refer to Fact Pattern 39-1. Suppose that Unique begins to sell items that are similar to Trends' goods, and Trends abandons its space before the end of the lease term. With regard to Trends' unpaid rent,

An oral lease may be valid.