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a. always
b. when the rent exceeds $500 per month
c. when the lease will be for longer than one year
d. never
2. Landlord Lou charges Tenant Tom $200 over fair market value for an apartment. This is more likely to be unacceptable if the power of Tom and Lou is _______________. If the agreement is struck down by a court, it will be because the agreement is _______________.
a. equal; illegal
b. equal; unconscionable
c. greatly different; illegal
d. greatly different; unconscionable
3. Ben's lease states that he is to move into an apartment on July 1. On July 1, the previous tenant has not yet moved out. Under which of the following rules has the landlord violated his duty to deliver possession of the apartment to Ben?
a. the English rule
b. the "American" rule
c. both A and B
d. none of the above
4. Dean's next door neighbor plays sissy club music at high volume late at night. After repeated complaints to the management, no action has been taken. His lease is a tenancy for years that ends in six months. If Dean can successfully assert that the covenant of quiet enjoyment has been breached, what are his options?
a. He can terminate the lease.
b. He can sue his landlord for damages.
c. both A and B
d. none of the above
5. What is the maximum amount a landlord may require as a security deposit in states that have adopted URLTA?
a. $500
b. $1,000
c. 50% of one month's rent
d. 100% of one month's rent
6. When is a landlord responsible to keep common areas of an apartment complex in good repair?
a. always
b. when he is aware of potential problems
c. when he should reasonably be aware of problems
d. both B and C
7. In which of the following situations is a landlord likely to have breached the implied warranty of habitability?
a. A roof collapses when a tenant negligently causes an explosion.
b. A roof partially collapses in a 150-year old building.
c. A roof collapses in a heavy rainstorm.
d. all of the above
8. Alan rents a house and garage from Mac. One day, he returns home and finds the garage padlocked. What are his options?
a. sue for possession of the garage
b. terminate the lease
c. stop paying all rent while continuing to live in the house
d. all of the above
9. Andy's air conditioning in his apartment goes out. He notifies his landlord, and the problem is not fixed. This is likely a constructive eviction if
a. he lives in Texas and it is summertime.
b. he lives in Canada and it is spring.
c. he lives in Minnesota and it is winter.
d. all of the above
10. A landlord breaches his warranty of habitability. The tenant decides to exercise his rights, and to withhold rent payments until the problems with his apartment are fixed. He must
a. pay his landlord, and then sue to have the money returned.
b. put the unpaid rent into an escrow account.
c. pay his landlord the actual cost of the apartment only.
d. pay nothing in the interim, to anyone.
11. Jake moves out of his apartment and demands that his security deposit be returned. He lives in a state that has adopted URLTA. When must his landlord make this payment if there is no damage to the apartment?
a. immediately
b. within one week
c. within two weeks
d. within one month
12. John lives in a state that has a repair-and-deduct statute. He breaks a window in his apartment by throwing a baseball through it. He notifies his landlord, who does not come to repair it within a reasonable time. John fixes it himself for $100. If his rent is $550, how much must he pay for his next month's rent?
a. $550
b. $450
c. $400
d. $0
13. Which of the following is/are true of security deposits?
a. They may be withheld for unpaid rent as well as damage to
a dwelling.
b. If they are withheld, a landlord must provide an itemized list
of deductions.
c. both A and B
d. none of the above
14. Manny lives in an apartment for one year. When he moves out, there is some damage to the apartment, and the landlord withholds his security deposit. For which of the following is Manny liable?
a. damage he caused negligently but not intentionally
b. ordinary wear and tear
c. both A and B
d. none of the above
15. Is a tenant in an apartment obligated to pay property taxes?
a. no, never
b. no, unless the lease signifies the tenant will be responsible
c. yes, always
d. yes, if taxes increase during a lease
16. Tom signs a one-year lease, with monthly rent payments of $500. After six months, he moves out without justification. How much will he owe his landlord if no new tenant is found and if Tom's state does not require a landlord to mitigate damages?
a. $0
b. $500
c. $3,000
d. a reasonable amount
17. When a landlord seeks a right of entry, the remedy of _______________ is fairly slow, while the remedy of _______________ is quick and preferred.
a. ejectment; ejectment
b. ejectment; unlawful detainer
c. unlawful detainer; ejectment
d. unlawful detainer; unlawful detainer
18. In past times, if a tenant did not pay rent a landlord _______________ impose a landlord's lien on and sell all of the tenant's property. Today, this remedy _____________ still present in some states.
a. could; is
b. could; is not
c. could not; is
d. could not; is not
19. Which of the following may a landlord do to evict a tenant who remains in an apartment after his lease expires?
a. send in employees to throw the tenant out by force
b. seek a court order to have a sheriff remove the tenant by force
c. both A and B
d. none of the above
20. Tom signs a one-year lease with monthly rent payments of $500. After six months, he moves out without justification. How much will he owe his landlord if no new tenant is found and if Tom's state does require landlords to mitigate damages?
a. $0
b. $500
c. $3,000
d. a reasonable amount
21. Mel calls the cable company to order cable TV. The representative comes onto his land to hook up the necessary equipment. This cable guy is a(n)
a. invitee.
b. licensee.
c. trespasser.
d. none of the above
22. Fred leases a commercial property to Alpha company. It was in good condition when the lease began. Alpha lets the property deteriorate, and eventually a customer is injured by a loose step. Who is liable for the injured customer?
a. Fred
b. Alpha
c. both A and B
d. none of the above
23. If Andy's apartment burns to the ground, which of the following is true?
a. The landlord is under an obligation to rebuild it.
b. Andy must continue to pay rent.
c. The lease is terminated.
d. none of the above
24. Al owns an apartment building. Is he responsible if a criminal burglarizes an apartment and injures one of his tenants?
a. yes, absolutely
b. yes, but only if the crime was foreseeable and preventable
c. yes, but only if the injury is severe
d. no
25. Andy has a 12-month lease that starts in January. He allows Ben to move in over the summer while he works out of town, and then moves back in in September. What has happened?
a. a sublease
b. an assignment
c. a referral
d. none of the above