Chapter 49 Quiz Questions: Quiz #4
The Civil Rights Act of 1866 applies to all of the following EXCEPT?
Adverse possession
If a tenant transfers all of his or her interests under a lease, it is a(n) _____ of the lease.
Assignment
In a tenancy at sufferance, most states require an owner to go through certain legal proceedings, called an eviction proceeding or unlawful _____ action, to evict a holdover tenant.
Detainer
Suppose Henry owns a large piece of vacant beachfront property and intends to build his retirement home on the property at some future time. The city in which the property is located wants to build a new public boat dock on the property. The city can use its power of _____ to acquire the property for this public use. If it chooses to exercise such power, there has been a(n) _____ of the property, and the government must pay Henry _____.
Eminent domain; taking; just compensation
If a landlord evicts a tenant by physically preventing him or her from possessing or using the leased premises, this is wrongful _____.
Eviction
A lease grants the tenant _____ possession of the leased premises until the term of the lease expires, or the tenant defaults on the obligations under the lease.
Exclusive
A tenancy at will may be created _____, but is more likely to be created _____.
Expressly; by implication
A landlord-tenant relationship is created when the owner of a _____ in real estate transfers a right to possess the owner's property __________.
Freehold; exclusively and temporarily
The implied warranty of _____ provides that the leased premises must be fit, safe, and suitable for ordinary residential use.
Habitability
Which of the following is an INCORRECT statement regarding the landlord's duties under a lease?
If the landlord or anyone acting with the landlord's consent interferes with the tenant's use and enjoyment of the property, this interference is called eminent domain.
Which of the following statements is INCORRECT regarding the landlord's duty to maintain the leased premises?
In common law, the doctrine of esse quam videri applied to leases.
Which of the following is a correct statement regarding leases?
Leases can generally be either oral or written.
The owner who transfers the leasehold estate is called the _____.
Lessor
Which of the following is an INCORRECT statement regarding a tenancy at sufferance?
Most states allow owners to use self-help, including force, to evict a holdover tenant.
In a landlord-tenant relationship, the tenant receives a _____ estate in the real property.
Non-freehold
In a net lease arrangement, the tenant is responsible for paying _____ and _____.
Rent; property taxes
In a double net lease arrangement, the tenant is responsible for paying _____, _____, and _____.
Rent; property taxes; utilities
In a triple net lease arrangement, the tenant is responsible for paying _____, _____, _____, and _____.
Rent; property taxes; utilities; insurance
Which of the following is NOT a prohibited form of discrimination under the Fair Housing Act of 1968?
Sexual orientation
If a tenant transfers only some of his or her rights under a lease it is a(n) _____.
Sublease
The _____ Clause of the United States Constitution allows the government to take property for "public use."
Takings
When the government needs property to build a new school or a firehouse, or to construct a road or freeway, it may need to acquire the necessary property from private landowners. Which provision of the United States Constitution provides the government with this power?
Takings clause
A landlord enters into a lease whereby he rents an apartment to a tenant for a one-year-period, which expires on September 1, 2018. If the tenant remains longer than this date, it is a _____.
Tenancy at sufferance
A _____ is created when a tenant retains possession of property after the expiration of a tenancy or a life estate without the owner's consent.
Tenancy at sufferance
A lease that may be terminated at any time by either party creates a _____.
Tenancy at will
Suppose a lessee and landlord agree to a lease that can be cancelled at any time by either party. This is a _____.
Tenancy at will
Suppose that a business leases an office in a high-rise office building on a 10-year lease. This is an example of a _____.
Tenancy for years
The party to whom the leasehold estate is transferred is called the _____.
Tenant
Which of the following is an INCORRECT statement regarding the assignment of a lease by a tenant?
The assignor is released from his or her obligations under the lease.
Which of the following is an INCORRECT statement regarding the Fair Housing Act?
The law applies to all persons who own a building of two or more units.
If the floor of leased premises buckled because the tenant permitted heavy equipment to be placed on the premises, this would constitute _____.
Waste