Act 324 -chapter 50
What is the legal term for when a tenant moves out of the leased premises with no intent to return and is in default of rent payments to the landlord? Multiple choice question. Assignment Abandonment Quitclaim Sublease
Abandonment
______ is when a tenant moves out of a leased premises before the end of term, has no intent to return, and has defaulted on rent payments to the landlord. Multiple choice question. Abandonment Breach of contract Forfeiture Surrender
Abandonment
What is the term for when a landlord physically prevents a tenant from entering a leased premises? Multiple choice question. Actual eviction Abandonment Covenant of quiet enjoyment Periodic lease
Actual eviction
What is the term for changes that affect the condition of a leased premises? Multiple choice question. Alterations Constructive eviction Tenancy-at-will Blight
Alterations
______ are changes that affect the condition of the leased premises and typically cannot be made by the tenants. Multiple choice question. Wasteful actions Alterations Unlawful possession Misuse of utilities
Alterations
If a landlord changes the locks on the apartment and does not provide the tenant with a key to enter the premises, which of the following has occurred? (Check all that apply.) Multiple select question. An actual eviction A partial eviction A full eviction A constructive eviction
An actual eviction A full eviction
What length of lease term requires that the lease be in writing? Multiple choice question. Any lease over one year Any lease over 30 days Any lease more than a week All leases must be in writing
Any lease over one year
What is the term for transferring one's entire interest in a leased property to another? Multiple choice question. Forfeiture Surrender Quitclaim Assignment
Assignment
What is the term for areas that are used by all tenants of leased premises and are maintained by the landlord? Multiple choice question. Private areas Periodic lease Common areas Co-tenancy
Common areas
What is the term used when a leased premises becomes unusable because the landlord fails to take action to make repairs or fulfill other responsibilities? Multiple choice question. Fee simple absolute Actual eviction Tenancy-at-will lease Constructive eviction
Constructive eviction
What contract principle says that the landlord, in a lease, promises that the tenant be allowed to quietly enjoy the land? Multiple choice question. Covenant of quiet enjoyment Tenancy-at-will Fee simple absolute Implied warranty of habitability
Covenant of quiet enjoyment
Which of the following areas is a landlord of an apartment complex responsible for keeping in reasonable safe conditions? Multiple select question. Elevators The parking lot Hallways Individual apartments
Elevators The parking lot Hallways
What is the legal term describing when one party gives up all rights in a leased property because of not fulfilling a part of the lease? Multiple choice question. Quitclaim Forfeiture Surrender Assignment
Forfeiture
What is the term for the contract principle that requires the landlord to provide a premises be fit for ordinary residential purposes? Multiple choice question. Fee simple absolute Covenant of quiet enjoyment Actual eviction Implied warranty of habitability
Implied warranty of habitability
In the context of a lease, which of the following is true of surrender? (Check all that apply.) Multiple select question. It is unilateral. It is a mutual agreement. It must be in writing. It is usually oral.
It is a mutual agreement. It must be in writing.
Which of the following statements is true of tenancy-at-will lease? Multiple choice question. It is created for a recurring term, such as month to month. It is created when a tenant fails to leave the property after the termination of the lease. It states that states a tenant has temporary possession of the property for a fixed time. It may be terminated by either of the parties at any time.
It may be terminated by either of the parties at any time.
If an injury occurs in a common area of a leased premises, who will be liable? Multiple choice question. Tenant Nobody, because it is a common area The state Landlord
Landlord
Under a lease, who has the obligation to turn over possession to a tenant? Multiple choice question. Landlord Government Lessee Incorporater
Landlord
Who is responsible for ensuring a leased property meets all safety and health codes? Multiple choice question. Lessee Tenant The county code commission Landlord
Landlord
What are elements that must exist in a written lease to establish a landlord-tenant relationship? (Check all that apply.) Multiple select question. Length of the lease Amount of rent to be paid by the tenant Intent of the landlord to sell his/her property interest during the lease period Names of the parties must be identified
Length of the lease Amount of rent to be paid by the tenant Names of the parties must be identified
What is the term for when a landlord prevents a tenant from entering a part of the leased premises? Multiple choice question. Breach of implied warrant of habitability Periodic lease Fee simple absolute Partial eviction
Partial eviction
What is the term for the compensation paid to the landlord by the tenant for the right to possess the leased property? Multiple choice question. Rent Common term Waste Salary
Rent
What is the name of a contractual term that allows the landlord to raise the rent on the tenant during the lease period? Multiple choice question. Rent escalation clause Rent modification clause Rent adjustment clause Rent reallotment clause
Rent escalation clause
What is the term for the deposit that the tenant pays the landlord to ensure the tenant will fulfill the duties of the lease agreement? Multiple choice question. Earnest money Security deposit Warranty deposit Corporate deposit
Security deposit
What is the term for the contractual assignment of a tenant's rights in a leased property to another? Multiple choice question. Forfeiture Surrender Sublease Quitclaim
Sublease
What is the term for the contractual assignment of a tenant's rights in a leased property to another? Multiple choice question. Sublease Surrender Forfeiture Quitclaim
Sublease
What is the legal term for an agreement between the landlord and the tenant for the tenant to give up possession and interest in a leased property during the lease term? Multiple choice question. Assignment Surrender Constructive Discharge Quitclaim
Surrender
At the end of the term of a lease, what must the tenant do? Multiple choice question. Transfer the property to a new tenant Pay a double deposit to facilitate the transfer of the property to a new lessee Stay in the premises till ordered to leave Surrender possession and leave the premises
Surrender possession and leave the premises
What can a landlord do to ensure that the tenant will fulfill the duties of the lease agreement? Multiple choice question. Make a tenancy-at-will lease Take a security deposit Refuse to repair the property Conduct a partial eviction
Take a security deposit
Which of the following are categories of leases that can be created? (Check all that apply.) Multiple select question. Tenancy at will Life estate Definite term Period tenancy
Tenancy at will Definite term Period tenancy
If the tenant fails to leave the property at the end of a lease period, then what type of lease is created? Multiple choice question. Corporate-term lease Tenancy-at-sufferance lease Direct-term lease Fee simple lease
Tenancy-at-sufferance lease
What type of lease can be terminated by either landlord or tenant at any time? Multiple choice question. Tenancy-at-will lease Corporate-term lease Fee simple lease Definite-term lease
Tenancy-at-will lease
What federal legislation makes it illegal for a landlord to discriminate against a prospective tenant? Multiple choice question. Equal Housing Occupation Act The Family and Medical Leave Act The Property Titling Act The Fair Housing Act
The Fair Housing Act
Which part of the premises is a tenant responsible to keep in a reasonably safe condition? Multiple choice question. The entire premises including the parking lot All the places that are inside the building The areas that are in the tenant's control The common areas that the tenant uses
The areas that are in the tenant's control
After the lease has been signed and the tenant has taken possession of the leased property, who can alter the person receiving the rent compensation? Multiple choice question. The federal government The state The landlord The tenant
The landlord
After the lease has been signed and the tenant has taken possession of the leased property, who can alter the person receiving the rent compensation? Multiple choice question. The tenant The landlord The federal government The state
The landlord
If the tenant under a lease does not gain possession of a premises, who will be liable in a court action? Multiple choice question. The State -- since under the 10th Amendment the State is charged with upholding welfare of its citizens The attorney who drafted the lease The lessee -- since the tenant did not get possession of properly The landlord -- if they contributed to the reason why tenant was not in possession
The landlord -- if they contributed to the reason why tenant was not in possession
What happens at the end of a definite-term lease? Multiple choice question. The lease automatically expires. The lease is automatically renewed as a month-to-month lease. The lease automatically renews for the original period of the lease. The lessee automatically gains ownership of the property.
The lease automatically expires.
What happens if the leased premises is destroyed by a fire or some other disaster? (Check all that apply.) Multiple select question. The tenant is liable as he or she failed to prevent the destruction. The lease is terminated. The tenant is released from paying rent. The landlord is expected to restore and repair the premises.
The lease is terminated. The tenant is released from paying rent.
If a disaster destroys the premises, then what will happen to the lease? Multiple choice question. The lease will be altered to allow for a rent escalation. The lease is typically terminated. The lease is extended automatically to make up for the time that the property was uninhabitable. The rights under the lease will be assigned.
The lease is typically terminated.
Typically, which parties to a lease can transfer their leased property rights? (Check all that apply.) Multiple select question. The tenant The state The local government The landlord
The tenant The landlord
Which of the following is true in case of a partial eviction. (Check all that apply.) Multiple select question. The tenant is released from the obligation to pay rent. The tenant can sue the landlord for damages. The tenant needs to pay the rent for the part that he or she may use. The tenant is no longer liable for any waste he or she had committed prior to the partial eviction.
The tenant is released from the obligation to pay rent. The tenant can sue the landlord for damages.
What happens at the end of the term of a lease? (Check all that apply.) Multiple select question. The tenant returns possession of the premises. The lease is terminated. The tenant provides a warranty of habitability. The tenant pays a security deposit.
The tenant returns possession of the premises. The lease is terminated.
The duties and rights of a lease can be classified under which of the following main areas? (Check all that apply.) Multiple select question. Use Taxes Possession Maintenance Rent
Use Possession Maintenance Rent
What is the term for permanent and substantial damage that a tenant causes to a landlord's property? Multiple choice question. Tenancy-at-will Eviction Constructive destruction Waste
Waste
When does a periodic-tenancy lease end? Multiple choice question. When either the landlord or the tenant gives sufficient notice When the tenant has decided to no longer live at the property When the term of the lease expires When the tenant sells the property
When either the landlord or the tenant gives sufficient notice
Typically, who is liable for an injury that occurs on leased premises? Multiple choice question. The lessor in all circumstances, because they own the property The state Whoever has control over the space where the injury took place No one, since the premises is leased
Whoever has control over the space where the injury took place
In the context of the tenant's use of the leased property, the term "waste" refers to ______. Multiple choice question. the inadequate use of space and other resources any recyclable trash generated by the tenant the unhygienic conditions of the premises any permanent and substantial injury to the property
any permanent and substantial injury to the property
The transfer of a tenant's entire interest in a leased property is called a(n) _______. Multiple choice question. termination surrender forfeiture assignment
assignment
If the landlord interferes with a tenant's use and enjoyment of a leased property, this is called Multiple choice question. breach of tenancy in common breach of covenant of quiet enjoyment. breach of implied warranty of habitability. forfeiture.
breach of covenant of quiet enjoyment.
If the leased premises becomes unsuitable for use due to landlord neglect of repairs or other required acts, then it is a(n) ______ eviction. Multiple choice question. notified partial actual constructive
constructive
When a landlord evicts a tenant, he or she has breached the ______. Multiple choice question. doctrine of frustration of purpose implied warranty of habitability covenant of quiet enjoyment warranty of title
covenant of quiet enjoyment
The written lease that creates a landlord-tenant relationship must contain the following: _______. (Check all that apply.) Multiple select question. judicial intent to create an express agreement description of the property length of the lease amount of rent
description of the property length of the lease amount of rent
The Fair Housing Act makes it illegal for a landlord to ______ a prospective tenant with regard to race, color, sex, national origin, familial status or disability. Multiple choice question. discriminate against judicially evict hold liable for lack of payment possess against
discriminate against
A full eviction is where the landlord prevents the tenant from: _______. Multiple choice question. maintaining the property quiet enjoyment of the premises paying the rent on time entering any part of the premises
entering any part of the premises
A rent ______ clause allows the landlord to increase the price of rent on the tenant during the lease period. Multiple choice question. escalation maintenance liability elevator
escalation
Nina rents an apartment from Jason. According to the contract, she must pay the rent on or before the 5th of every month. If Nina fails to pay the rent by the 5th, she has ______. Multiple choice question. forfeited her interest in the premises breached the covenant of quiet enjoyment breached the warranty of habitability committed waste and liable for damages
forfeited her interest in the premises
If a landlord prevents a tenant from entering any part of the leased premises, then it is considered a(n) ______ eviction. Multiple choice question. constructive partial wasteful full
full
Under a lease agreement, the landlord has the obligation to ______ of the premises to the tenant. Multiple choice question. give physical possession indemnify herself from any liability actual eviction constructive eviction
give physical possession
A(n) ______ warranty of habitability is a requirement that the leased premises be fit for the ordinary residential purposes. Multiple choice question. constructive knowing implied express
implied
The ______ generally ensures that the landlord is responsible for repairs to major defects in the rental property. Multiple choice question. warranty of fitness for a particular purpose warranty of title implied warranty of merchantability implied warranty of habitability
implied warranty of habitability
Liability for injuries generally depends on who _______ in which the injury occurred. Multiple choice question. is in control of the area maintains the area who has leased the area lives in the area
is in control of the area
A tenant may transfer his or her interests in the property unless ______. Multiple choice question. the landlord objects the neighbors object the landlord sells the property to someone else it is prohibited by the lease agreement
it is prohibited by the lease agreement
The right to some or all of the tenant's personal property due to failure to pay rent or for damages to the leased premises is called a(n) _______. Multiple choice question. lessee's lien rent escalation landlord's lien common clause
landlord's lien
When a landlord secures the personal property of a tenant for unpaid rent or damages to the leased premises, it is called a(n)_______. Multiple choice question. lessee possession common area rent escalation landlord's lien
landlord's lien
Rent can be paid to the landlord in various forms, such as: _______. (Check ALL that apply) Multiple select question. taxes money services waste
money services
A(n) ______ lease, which has an indefinite term, can be canceled when either landlord or tenant gives sufficient notice of their intent to exit the lease. Multiple choice question. periodic tenancy residential apartment commercial
periodic tenancy
If the landlord does not grant the tenant possession of the premises, the tenant can bring an action for _______ against the landlord. Multiple choice question. quiet enjoyment eviction waste possession
possession
If the landlord interferes with the tenant's use and enjoyment of the property, she could be liable for breach of the covenant of _______. Multiple choice question. possession quiet enjoyment eviction habitability
quiet enjoyment
A transfer of less than all of a tenant's interest in a leased property is called a(n) ______. Multiple choice question. cover sublease lease attachment
sublease
If a tenant refuses to vacate a property after a lease term ends, then a tenancy-at-______ lease is created. Multiple choice question. sufferance periodic term will
sufferance
Both landlord and tenant have duties and rights which can be classified under any of the four categories except: _______. (Choose ONE correct answer) Multiple choice question. use rent possession maintenance taxes
taxes
All of the following are categories of leases that can be created between landlord and tenants except: _______. (Choose ONE correct answer) Multiple choice question. tenancy at sufferance period tenancy tenancy by term definite term
tenancy by term
The _______ has a responsibility to keep the premises of which they are in control in a reasonably safe condition and will be liable if an injury occurs in that space.
tenant
All of the following can be considered common areas except: _______. (Choose ONE correct answer) Multiple choice question. hallways lobbies elevators tenant's kitchen pool house cabana
tenant's kitchen
A definite-term lease is also known as a(n) ______. Multiple choice question. tenancy at will tenancy at sufferance term for years tenancy for term
term for years
If a landlord sells a rented property, the ______. Multiple choice question. the lease is legally binding and gets transferred to the new owner the tenant must pay the rent to the old landlord until the lease expires the new owner can force the tenant out the lease becomes void
the lease is legally binding and gets transferred to the new owner
Generally, if a lease exceeds one ______ then it must be in writing
year