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If a landlord retains control of and access to property,the relationship is likely not a landlord-tenant relationship because the tenant does not have an exclusive right to possession of the property.

A) True
B) False

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Which of the following is true regarding whether Brenda had the right to sell the building to Greg?


A) Brenda did not have the right to sell the building to Greg during the term of the lease; and Conrad has the right to get a court order preventing her from doing so.
B) Brenda had the right to sell the building to Greg during the term of the lease only if she can establish financial exigencies.
C) Brenda had the right to sell the building to Greg only if there is less than one year's time left on Conrad's lease.
D) Brenda had the right to sell the building to Greg only if there is less than six months' time left on Conrad's lease.
E) Brenda had the right to sell the building to Greg.

F) A) and B)
G) A) and C)

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Which of the following occurs if a tenant moves out of leased premises before the end of the term,has no intent to return,and had defaulted on rent payments?


A) Forfeiture
B) Negation
C) Surrender
D) Refusal
E) Abandonment

F) A) and B)
G) A) and E)

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Which of the following was the result in Janet I.Benitez v.Sebastiano Restifo,the case in the text in which the plaintiff alleged that the landlord breached the covenant of quiet enjoyment based upon an upstairs tenant intentionally and repeatedly causing significant water leakage into the plaintiff's apartment?


A) The court ruled that as a matter of law the landlord had no duty to control any actions of the other tenant and that the right to take action against the other tenant belonged to the plaintiff.
B) The court ruled that the terms of the lease controlled and that because the lease gave the plaintiff the affirmative right to take court action in such cases, the landlord had no duty to do so.
C) The court ruled that by failing to act to protect the plaintiff, the landlord was liable to the plaintiff for breach of the covenant of quiet enjoyment.
D) The court ruled that only because the lease itself placed a duty of quiet enjoyment on the landlord, the landlord had a duty to control the actions of the upstairs tenant.
E) The court ruled that since the actions of the tenant did not constitute a physical danger to the plaintiff, the landlord had no duty to control the actions of the tenant.

F) B) and C)
G) A) and D)

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Set forth the elements required for the existence of a landlord-tenant relationship.

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A landlord-tenant relationship requires ...

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If a tenant fails to leave the property after the termination of the lease,a[n] ______ lease is created.


A) Allowable-term
B) Period-tenancy
C) Tenancy-at-will
D) Tenancy-at-sufferance
E) Definite-term

F) A) and B)
G) A) and C)

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By federal law,if a tenant vacates prior to the expiration of the lease term,the landlord has no duty to attempt to lease the property to another party.

A) True
B) False

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Parties to a ______ lease may terminate the lease at any time.


A) Allowable-term
B) Periodic-tenancy
C) Tenancy-at-will
D) Tenancy-at-sufferance
E) Definite-term

F) A) and E)
G) B) and E)

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In the landlord-tenant relationship,the party who assumes temporary ownership of the property is the _____.


A) Tenant or lessor
B) Lessor or lessee
C) Holder or lessor
D) Holder or lessee
E) Tenant or lessee

F) A) and B)
G) None of the above

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Which of the following is false regarding leases under French law?


A) Leases are governed by the Common Code.
B) Leases give tenants personal contractual rights.
C) Tenants are given considerable freedom to engage in various agreements without the landlord's involvement or consent.
D) If a lease is not renewed, the tenant has the right to collect compensation.
E) In a construction lease, the tenant will be building and maintaining structures, and property rights are ceded to the tenant for the period specified in the agreement.

F) A) and D)
G) All of the above

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Which of the following is true regarding the obligations of the parties if leased premises are destroyed through a fire or other disaster not the fault of the landlord?


A) The lessee must continue paying rent until the premises are either rebuilt or the lease expires; but the landlord has a duty to act with reasonable speed in rebuilding the premises.
B) The tenant is released from paying rent and the lease is terminated; and unless the landlord could have prevented the disaster, the landlord generally has no duty to restore or repair.
C) The lessee must continue paying rent, and rebuilding the premises is the responsibility of the tenant if the tenant wishes to do so.
D) The lessee is excused from further rent payments until the premises are rebuilt, and the landlord has a duty to act with reasonable speed in rebuilding the premises.
E) The lessee must continue paying half the rent until the premises are either rebuilt or the lease expires; but the landlord has a duty to act with reasonable speed in rebuilding the premises.

F) D) and E)
G) None of the above

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Which of the following references in some states a landlord's right to some or all of the tenant's personal property in the event that a tenant refuses to pay rent?


A) A landlord's lien
B) A landlord's personality
C) A tenant's personality
D) A protection lien
E) An eviction lien

F) C) and E)
G) A) and E)

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Which of the following is true regarding the right of Dusty to collect rent payments from Christen?


A) Christen owes no duty to pay any rent to Dusty because she validly transferred her rights and obligations under the lease.
B) Christen only owes a duty to pay Dusty if Doug has been declared bankrupt by the bankruptcy court.
C) Christen only owes a duty to pay Dusty if she agreed with Doug that she would do so if he became unable to pay.
D) Christen only owes a duty to pay Dusty only if Doug committed waste on the property.
E) Christen owes a duty to pay Dusty.

F) All of the above
G) D) and E)

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Rent can be defined as the compensation paid to the landlord for the tenant's right to possession and exclusive use of the premises.

A) True
B) False

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In the landlord-tenant relationship,the property in question is called the _____.


A) Premises
B) Leasehold estate
C) Occupied property
D) Occupied estate
E) Controlled area

F) A) and B)
G) B) and E)

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Under the Fair Housing Act,a landlord may not discriminate against a prospective tenant with regard to which of the following?


A) Race, color, sex, religion, national origin, familial status, disability, or age (over 40) .
B) Race, color, sex, religion, national origin, familial status, or disability.
C) Race, color, sex, religion, national origin, or age (over 40) .
D) Race, color, sex, religion, disability, or national origin.
E) Race, color, sex, national origin, or age (over 40) .

F) A) and B)
G) None of the above

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Who is generally responsible for injuries that occur in common areas based on negligent upkeep?


A) The lessees.
B) The landlord.
C) Each lessee and the landlord would owe an amount of damages determined by dividing the total damages by the number of lessees plus the landlord.
D) The landlord would owe half of the damages and the lessees would split the other half.
E) The landlord is responsible for all injuries except those occurring in any hallway for which the lessees are liable.

F) B) and D)
G) A) and E)

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When may a landlord be found guilty of negligence per se for code violations?

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A landlord may be found guilty of neglig...

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Which of the following is false regarding evictions in Japan?


A) Before the year 2000, evictions were extremely uncommon in Japan because of laws intended to protect tenants. These laws provided automatic renewals of leases for tenants.
B) In 2000, with the passing of the Law on the Promotion of Supply of Good Quality Housing, automatic renewals of lease agreements became less common.
C) Most homes are still rented using what is called futsu shakuya keiyaku, which is a type of lease that does not have a fixed termination date.
D) Because most homes are rented without a fixed termination date, it is less common for landlords in Japan to engage in eviction.
E) When there is a conflict between a landlord and tenant, the landlord is likely to sue the tenant and take the tenant to court because Japanese courts tend to find in favor of landlords rather than tenants.

F) A) and B)
G) B) and D)

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Which of the following is false regarding a tenant's use of rented premises?


A) A tenant is responsible for carpet that becomes worn.
B) A tenant is responsible for negligent damages to an apartment.
C) A tenant has a duty not to commit waste.
D) A tenant had a duty not to cause substantial injury to the landlord's property.
E) A tenant may not cut down trees in the yard of rental property.

F) C) and E)
G) A) and E)

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