CH 9 REE

With regard to #17, what is the maximum security deposit the landlord can charge Amy under the URLTA?

$1800

With reference to #13, what is the maximum security deposit the landlord could collect from Alex under the URLTA?

$600

Which of the following provisions must be included in a lease agreement for that agreement to be valid and enforceable?

A description of the leased premises

Alex Freestone has just signed a six month lease for an apartment with rent of $600 per month. Alex has

A tenancy for a fixed period

With reference to #13, which of the following statements is true?

Alex would be liable for damages if he left the apartment before the end of six months

When does a landlord have a right of access to the tenant's premises?

All of the above

Under Section 8 housing policies, which of the following have been upheld by the courts?

All the above

When does a landlord have a duty to maintain and repair?

Always for safety issues

Amy Geiger had a two-year lease on a Manhattan apartment that began on August 1, 2007, and was to run until July 31, 2009 at a rate of $1200 per month. Amy was assigned to work in the London office of her company from January 1, 2008 until August 31, 2008. Amy wishes to rent her apartment to someone during that time.

Amy can enter into a sublease but is not released from liability on her lease

With regard to #17

Amy is entitled to the protections of the implied warranty of habitability

The Rule in Dumpor's Case

Applies to assignments of leases

With reference to #30, Geraldine's landlord

Can keep the $1,000 security deposit as damages

Which of the following is not a solution for a tenant with uninhabitable premises?

Criminal action against landlord

A landlord is not responsible for maintenance in the common areas

False

A periodic tenancy must be in writing to be valid

False

A tenancy for years must run at least one year

False

An assignment and a sublease are the same thing.

False

Compliance of the leased premises with the ADA is the responsibility of the landlord.

False

Generally the warranty of habitability would apply to items such as broken door buzzers.

False

In an assignment of a lease, the original tenant is discharged from responsibility for the lease

False

Landlords are not liable when tenants are victims of crimes on the premises.

False

Landlords can place valid waivers of rent stabilization provisions in their leases.

False

Non-refundable cleaning deposits are not permitted under URLTA.

False

Prepaid rent cannot be required under the URLTA

False

Rent control statutes are unconstitutional

False

Rules and regulations that are changed during a tenant's lease period are inapplicable to that tenant

False

Section 8 tenants cannot be evicted for criminal activity

False

The implied warranty of habitability does not apply once a tenant moves in

False

There is no limit on the URLTA on the amount of security deposit or prepaid rent that the landlord can charge.

False

There was an implied warranty of habitability at common law.

False

Under the URLTA, a cleaning deposit is void if non refundable

False

Under the URLTA, the landlord cannot enter the tenant's dwelling without advance notice.

False

Geraldine Waters rented an apartment at the Bedford Arms complex for a rent of $1,000 per month. Geraldine was require to pay a $1,000 security deposit when she moved into her apartment. Geraldine's lease was to run for six months, from January 1, 2010 through June 30, 2010. On March 31, 2010, Geraldine notified the landlord that she is leaving her apartment

Geraldine has breached her lease agreement

Jane has financed her one-acre lot through Bank Thrift Trust and secured it with a mortgage. Jane already owned a mobile home, which she placed on the lot and then resided there. After 3 years of payments, Jane defaulted on the mortgage. Because property values had deteriorated, Jane simply walked away and left the lot and the mobile home. Bank Thrift Trust has taken over the land and the mobile home. Bank Thrift Trust

Is a tenant at will in the mobile home

A sublease

Is an assignment for part of a lease

Randy Baca resides with her two children in a two bedroom apartment owned by Lakefront, Inc. The hot water in the apartment is too hot for Randy to touch, and she has complained to Lakefront and the manager. Her six year old daughter is severely scalded when she tries to draw water for her bath. Which of the following is correct?

Lakefront will be held liable for the injuries

Which of the following best summarizes a landlord's duty with regard to mold in leased premises?

Landlords generally must follow statutory disclosure requirements on detecting and reporting mold

With regard to #17, the landlord

May not increase Amy's rent at any time

Ruth moves into one of Meryl's Maine beach houses on an oral lease agreement that is to run for 24 months. In Maine, leases that run for longer than one year must be in writing to be enforceable. Meryl has accepted Ruth's rent for two months.

Meryl and Ruth have a periodic tenancy

Randy Quince has leased an apartment in the Charlton Arms complex. The landlord changes the air filters in the apartment heating and air conditioning units on the first day of each month. On February 1, 2010, Randy is traveling for his job and no one has been at his apartment. Because Randy is traveling, the landlord has been unable to reach Randy. The maintenance company for the landlord is given access to Randy's apartment to change the filter

Neither the maintenance company nor the landlord have done anything wrong in entering the apartment to replace the filter

The implied warranty of habitability

None of the above

Which of the following existed at common law?

None of the above

Which of the following is an accurate statement about rent control statutes?

None of the above

With reference to #13, how can Alex's lease be terminated without either side being liable for damages?

None of the above

Which of the following is required prior to repair and deduct under URLTA?

Notice to the landlord

The limit on security deposits under URLTA is

One month's rent

Which of the following is not provided under the URLTA?

Prohibitions on subleases

Which of the following is not true under the URLTA?

Security deposits are non-refundable

Cheri North has a month-to-month tenancy. She pays her rent of $880 on the first day of each month. On January 15, 2009, Cheri received notice from her landlord that her rent would be increasing to $900 per month. When is the first time the landlord can demand the $900 rent from Cheri?

The landlord can collect the $900 beginning March 1, 2008

If leased premises violate the building code, what is the effect on the lease agreement?

The lease agreement is void

With regard to Amy's lease in #17

The lease must be in writing

A tenancy at will can be terminated by either party at any time

True

A tenant at sufferance can be required to vacate at any time

True

A tenant is not released from liability under either a sublease or an assignment.

True

At common law, the landlord had no obligation to repair leased property

True

Constructive eviction can be partial with an allowance for a reduction in rent

True

Generally, leases longer than a year must be in writing

True

In an action for dispossession, the tenant's defenses are limited

True

In some states, the leasing of properties with code violations is void.

True

Landlords are permitted to evict tenants for criminal activity

True

Landlords can provide for the retention of a security deposit as damages for a breach

True

Prepaid rent may or may not be included in the definition of a security deposit

True

Repair and deduct is a tenant's self help method under the URLTA

True

Rules and regulations can be incorporated by addendum into a lease agreement.

True

Security deposit regulations can include interest payment requirements

True

The Rule in Dumpor's Case provides that if the landlord agrees to one assignment, he's agreed to all assignments.

True

The amount of the security deposit is limited under the URLTA

True

The doctrine of constructive eviction requires the tenant to move out as one of its elements

True

The warranty of habitability applies to property conditions, such as the presence of mold or second-hand smoke.

True

The warranty of habitability cannot be eliminated by agreement.

True

To exercise self help, the tenant must first ask the landlord to make repairs

True

Under the URLTA, the landlord is required to furnish special notice to the tenant if the security deposit is to be retained.

True