BLT&E-7e: Practice Quiz

Chapter 39:
Landlord and Tenant Law

1. Sally agrees to lease some property that she owns to the San Juan
County Historical Society for a term of one year. In this situation, what
type of tenancy exists?
a. A periodic tenancy.
b. A fixed-term tenancy.
c. A tenancy at will.
d. A tenancy at sufferance.

Answers:

a. Incorrect. A periodic tenancy is created by a lease that does not

specify how long it is to last but does specify that rent is to be paid at
certain intervals.
b. Correct. A fixed-term tenancy is created when a lease contract
specifies a particular lease term, such as one month, one year, or a
period of years.
c. Incorrect. A tenancy at will arises when the term of the tenancy is for
as long as both agree.
d. Incorrect. A tenancy at sufferance exists when the tenant has no right
to remain on the premises.

2. Greg leases an apartment from Meredith. In this situation, Meredith is

known as:
a. the lessor.
b. the lessee.
c. the tenant.
d. the debtor.

Answers:

a. Correct. Meredith owns the property, so she is the lessor.

b. Incorrect. Greg is the lessee in this situation, not Meredith.
c. Incorrect. Greg is also the tenant.
d. Incorrect. Meredith is not known as the debtor.

3. Typically, how is a landlord-tenant relationship established?

a. By word-of-mouth.
b. By a lease contract.
c. By a court declaration.
 d. By adverse possession.

Answers:

a. Incorrect. Such a relationship is established by a written or oral

contract.
b. Correct. Landlord-tenant relationships are created by lease contracts,
which may be written or oral.
c. Incorrect. Typically, this is not how a landlord-tenant relationship is
established.
d. Incorrect. Typically, this is not how a landlord-tenant relationship is
established.

4. Which of the following does a written lease contract NOT need to do to

create a landlord-tenant relationship?
a. Indicate the length of the term of the lease.
b. Describe the property.
c. Provide for insurance coverage of the tenants personal property.
d. Express an intent to establish the relationship.

Answers:

a. Incorrect. The contract must state the term.

b. Incorrect. The contract must describe the property.
c. Correct. The contract need not provide for insurance coverage for the
tenants personal property.
d. Incorrect. The contract must express an intent to enter the
relationship.

5. In the situation described in Question #2, in which Greg leases an

apartment from Meredith, assume that Meredith includes a clause in the
lease contract stating: In the event that the tenant is harmed by the
disruption of essential heating services, the landlord disclaims all liability
for such harm. What is the effect of this clause?
a. It may be deemed unconscionable by a court and not be enforced.
b. It is stated clearly and fairly and so will be upheld.
c. It will shield Meredith from liability if Greg adds his initials to the
contract next to this particular clause.
d. It is an example of a covenant of quiet enjoyment, which shifts the risk
of loss to Greg.

Answers:

a. Correct. If the heating system breaks down when it is needed the

most, a court will likely hold that the clause is unconscionable and
refuse to enforce it.
 b. Incorrect. This clause unfairly attempts to shift the risk of loss to Greg.
c. Incorrect. This clause may be deemed unconscionable regardless of
whether Greg adds his initials next to the clause.
d. Incorrect. This is not a covenant of quiet enjoyment.

6. According to the terms of the contract between Greg and Meredith,

Meredith is required to keep all of the plumbing in working order. Suppose
that after Greg has lived in the apartment for four months, the toilet
breaks. If Meredith refuses to fix it and thereby makes it virtually
impossible for Greg to continue to live there, what has happened?
a. There has been an illegal alteration.
b. Meredith has constructively evicted Greg.
c. Meredith has physically evicted Greg.
d. Meredith has committed waste on the property.

Answers:

a. Incorrect. This is not an illegal alteration.

b. Correct. Meredith has wrongfully failed to perform a duty she owed to
Greg under the lease, and the failure to perform this duty has made it
virtually impossible for Greg to continue to live there. This constitutes
a constructive eviction.
c. Incorrect. As far as we know from the question, Meredith has not
physically evicted Greg.
d. Incorrect. There may be waste, but Meredith hasnt committed waste.

7. If, after living in Merediths apartment for a few months, Greg transfers all
of his rights to use and occupy the apartment to Kevin for the duration of
Gregs one-year lease term, in legal terms, what is this called?
a. A substitution.
b. A sublease.
c. A subrogation.
d. A submission.

Answers:

a. Incorrect. Kevin is substituted for Greg as tenant, but this is not the
correct legal term for the transfer.
b. Correct. This is called a sublease.
c. Incorrect. This is not a subrogation.
d. Incorrect. This is not a submission.