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"Past Due Rent." Christen operated a temporary help business. Planning to open a second office, she rented office space from Dusty. Unfortunately, her business was not doing very well, and she decided not to open a second office. Christen was able to reach an agreement with Doug whereby she transferred her entire interest in the leased property to him. The agreement she had with Dusty prohibited her from transferring her interest. Dusty, however, accepted rent payments from Doug because it was the easiest course of action. Doug started a catering business in the space. It did well during the holiday season, but Doug was unable to maintain bookings and became unable to pay the rent. Dusty called Christen and asked her to pay the rental payments reminding her that she breached the lease agreement in the first place when she transferred her interests in the lease to Doug. Christen told Dusty to forget any payments from her and hung up. Dusty wants to sue Christen for the lease payments and also for breaching the lease agreement, and he also wants to sue Doug. Christen talks to Doug and he says that he has no plans to pay Dusty because Dusty is a jerk. Doug also says that he does not believe that he has any liability to Christen if she pays Dusty. Doug says that the premises were acceptable but that Dusty is rude and money hungry, traits he finds untenable. -Which of the following is true regarding the right of Dusty to sue Christen for transferring her interests to Doug?


A) When he accepted rent payments from Doug, Dusty waived any lease provision prohibiting the transfer.
B) Any such provision in the lease was void as against public policy.
C) Any such provision in the lease was unenforceable so long as Doug was an acceptable tenant.
D) Dusty could sue Christen and win for breaching the lease agreement.
E) Dusty could sue Christen and win for breaching the lease agreement only if Doug has committed waste on the property.

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

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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) D) and E)
G) A) and E)

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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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If leased premises become unsuitable for use because of a landlord's wrongful or omitted act, a[n] ______ eviction has occurred.


A) True
B) Actual
C) Constructive
D) Absolute
E) Legal

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

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"Rent Increase." Conrad leased space for his hair salon from Brenda. After a few years, Brenda decided to sell the building in which the hair salon was located to Greg. Brenda told Conrad that the lease would be terminated and that whether he could stay or not depended on what he could work out with Greg. Greg told Conrad that he could stay only if he paid double the amount of rent he had been paying to Brenda and that if Conrad complained, the rent would go even higher. Conrad told Greg that Brenda had no right to make any changes and that he had the absolute right to continue paying the same set amount to Brenda until the lease expired. The lease did not address transfers. -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) None of the above
G) C) and E)

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An eviction may only be full, not partial.

A) True
B) False

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Which of the following is true regarding whether a landlord and tenant may transfer their interests in the property involved in the lease?


A) Unless prohibited by the lease agreement, both the landlord and the tenant may transfer their respective interests in the property.
B) Unless prohibited by the lease agreement, the tenant may transfer his or her interest in the property, but the interest of the landlord may not be transferred.
C) Unless prohibited by the lease agreement, the landlord may transfer his or her interest in the property, but the interest of the tenant may not be transferred.
D) If the lease is silent on the matter, neither the landlord nor the tenant may transfer his or her respective interests in the property.
E) Only if the lease is for a period of one year or more may both the landlord and the tenant transfer their respective interests in the property unless prohibited by the lease agreement.

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

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Describe a sublease. To whom is a sublessee liable in the event that the sublessee fails to pay rent? Can the original lessor hold the sublessor liable in the event a sublessee fails to pay rent?

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A sublease is a transfer of less than al...

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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) D) and E)
G) A) and D)

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A covenant of quiet enjoyment is one of the covenants made by a lessee.

A) True
B) False

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"Rent Increase." Conrad leased space for his hair salon from Brenda. After a few years, Brenda decided to sell the building in which the hair salon was located to Greg. Brenda told Conrad that the lease would be terminated and that whether he could stay or not depended on what he could work out with Greg. Greg told Conrad that he could stay only if he paid double the amount of rent he had been paying to Brenda and that if Conrad complained, the rent would go even higher. Conrad told Greg that Brenda had no right to make any changes and that he had the absolute right to continue paying the same set amount to Brenda until the lease expired. The lease did not address transfers. -Which of the following is true regarding whether Greg has the right to raise the rent?


A) Greg had the right to double the rent, but that was the maximum amount that he could raise it.
B) Greg could raise the rent as high as he wanted, and Conrad could either pay it or move.
C) Greg could raise the rent by only a rate of 10% per year.
D) Although Brenda had the right to sell the property, Greg did not have the right to raise the rent during the term of the lease.
E) Greg may not raise the rent because Brenda had no right to sell the property in the first place.

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

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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) A) and B)

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A[n] ______ eviction occurs when a landlord physically prevents a tenant from entering leased premises.


A) True
B) Actual
C) Constructive
D) Absolute
E) Legal

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

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Which of the following is false regarding security deposits?


A) A security deposit is typically in the amount of one month's rent.
B) At the expiration of a lease, the landlord is required to return to the tenant the security deposit minus any costs for damages caused by the tenant.
C) At the expiration of a lease, if a landlord retains any portion of the security deposit, the landlord must provide the tenant with a list of the damages.
D) Federal law determines the amount of time that the landlord has to return the security deposit to the tenant.
E) If the landlord exceeds the deadline in which to return the security deposit, the tenant can recover the deposit, plus attorney fees.

F) All of the above
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) None of the above
G) C) and D)

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Discuss the options available to a lessee when a landlord fails to make needed repairs along with any applicable requirements if an option is exercised.

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If the repairs breach the warranty of ha...

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Any tenant conduct that causes permanent and substantial injury to the landlord's property is considered _____.


A) Trash
B) Waste
C) Negligence
D) Substantial
E) Imperative

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

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Which of the following is a requirement that leased premises be fit for ordinary residential purposes?


A) Warranty of residence
B) Agreement of acceptability
C) Contract of residence
D) Implied warranty of habitability
E) Covenant of quiet enjoyment

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

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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) A) and C)

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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) B) and E)
G) B) and C)

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