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