Unit 18: leases test review

A family's apartment lease has expired, but their landlord has indicated to them that they may remain on the premises until a sale of the building is closed. They will be charged their normal monthly rental during this period. The right held by the family is called A) an estate at sufferance. B) an estate for term. C) a tenancy at will. D) a year-to-year holdover.

c

A tenancy in which the tenant continues in possession after the lease has expired, without the landlord's permission, is a A) periodic tenancy. B) tenancy for years. C) tenancy at sufferance. D) tenancy at will.

c

A tenant still has five months remaining on a one-year apartment lease. When the tenant moves to another city, he transfers possession of the apartment to a friend for the entire remaining term of the lease. The friend pays rent directly to the tenant. In this situation, the tenant has become a(n) A) sublessee. B) lessor. C) sublessor. D) assignor.

c

A tenant's lease has expired, but the tenant has not vacated the premises or negotiated a renewal lease. The landlord has declared that the tenant is not to remain in the building. This situation is an example of A) an estate from year to year. B) tenancy at will. C) tenancy at sufferance. D) an estate for years.

c

Under the negotiated terms of a certain residential lease, the landlord is required to maintain the water heater. If the tenant is unable to get hot water because of a faulty water heater that the landlord has failed to repair after repeated notification, the tenant could do all of the following EXCEPT A) order a new water heater and send the bill to the landlord. B) abandon the premises claiming constructive eviction. C) terminate the lease agreement. D) sue the landlord for damages.

a

A tenant's tenancy for years will expire in two weeks. The tenant plans to move to a larger apartment across town when the current tenancy expires. In order to terminate this agreement, the tenant must A) give the landlord one week's prior notice or the lease will automatically renew. B) give the landlord immediate notice or the lease will automatically renew. C) do nothing because the agreement will terminate automatically at the end of the current term. D) sign a lease for the new apartment, which will automatically terminate the existing lease.

c

Generally, an oral lease for five years is A) a short-term lease. B) illegal. C) unenforceable. D) renewable only in writing.

c

Rent would BEST be described as A) all monies paid by the lessor to the lessee. B) the total balance owed under the terms of a lease. C) consideration for the use of real property. D) contractual consideration to a third party.

c

The death of either the landlord or the tenant will terminate the lease and the parties' heirs will NOT be bound by its terms under which of the following tenancies? A) Tenancy for years B) Tenancy at sufferance C) Tenancy at will D) Periodic tenancy

c

A percentage lease calls for a minimum rent of $1,200 per month plus additional annual rent of 4% of the year's gross business exceeding $150,000. If the business generated $270,000, how much annual rent does the tenant owe? A) $10,800 B) $14,400 C) $25,200 D) $19,200

d

A person has a one-year leasehold interest in a house. The interest automatically renews itself at the end of each year. The person's interest is referred to as a tenancy A) for years. B) at will. C) at sufferance. D) from period to period.

d

If a tenant moved out of a rented store building because access to the building was blocked as a result of the landlord's negligence, the A) landlord may be liable for the rent until the expiration date of the lease. B) landlord may have to provide substitute space. C) tenant might have no legal recourse against the landlord. D) tenant may be entitled to recover damages from

d

Which of the following is TRUE about a holdover tenant? A) The landlord must accept additional rent if the tenant remains on the premises. B) The tenant may continue to occupy the premises without permission of the landlord. C) The tenant must give the landlord a 30-day notice to vacate. D) The landlord may evict the tenant.

d

To be valid, a lease must meet the same essential elements as any other contract, which are A) legal objectives, offer and acceptance, and consideration. B) capacity to contract, legal objectives, and offer and acceptance. C) capacity to contract and offer and acceptance. D) capacity to contract, legal objectives, offer and acceptance, and consideration.

D

Which of the following would automatically terminate a residential lease? A) Death of the tenant B) Failure of the tenant to pay rent C) Sale of the property D) Total destruction of the property

D

A tenant moves a pet into an apartment community that has a no-pets policy. The landlord wishes to remove the tenant due to the breach. The legal process to remove a tenant is known as A) actual eviction. B) partial eviction. C) eminent domain. D) constructive eviction

a

THe right of a landlord to possession of leased property after the lease term expires is a A)present, possessory interst. B) contactual interest. C)reversionary right. D)leasehold estate.

C

The covenant implied in a lease that ensures that the landlord will not interfere in the tenant's possession or use of the property is the covenant A) against encumbrances. B) of quiet enjoyment. C) of warranty forever. D) of seisin.

B

A lease should contain all of the following provisions EXCEPT A) a sale-and-leaseback clause. B) use of the premises. C) the term of the lease. D) possession of the premises.

A

In which tenancy would the death of either the landlord or the tenant terminate the lease and the parties' heirs would NOT be bound by its terms? A) Tenancy at will B) Tenancy at sufferance C) Tenancy for years D) Periodic tenancy

A

The principal difference between an estate for years and an estate from year to year is that an A) estate from year to year has no expiration date. B) estate from year to year must be in writing. C) estate for years cannot be terminated. D) estate for years is a life estate.

A

An estate for years is a leasehold estate that A) continues for an indefinite period. B) continues for a definite period. C) must continue for the statutory period. D) may be extended indefinitely.

b

When a tenant holds possession of a landlord's property without a current lease agreement and without the landlord's approval, the A) landlord may be subject to a constructive eviction. B) landlord can file suit for possession. C) tenant has no obligation to pay rent. D) tenant is maintaining a gross lease.

b

Which of the following describes a gross lease? A) An agreement allowing the tenant to terminate the lease if certain conditions near the premises become unbearable B) An agreement in which the tenant pays a fixed rent and some or all of the utilities and the landlord pays all taxes, insurance, and expenses related to the property C) A lease in which the tenant pays the landlord a percentage of the monthly income derived from the property D) A lease in which the tenant pays rent plus some of the operating expenses related to the property

b

Which of the following describes a net lease? A) An agreement in which the tenant pays a fixed rent and the landlord pays all taxes, insurance, and expenses related to the property B) A lease in which the tenant pays rent, plus some—or most—of the operating expenses related to the property C) A lease in which the tenant pays the landlord a percentage of the monthly income derived from the property D) An agreement granting an individual a leasehold interest in fishing rights for shoreline properties

b