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Exam 38: Landlord and Tenant Law

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Question 1

True/False

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Under the implied warranty of habitability,a tenant impliedly warrants that he or she will "habitate" on the premises during the term of the lease. 

A) True
B) False

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Question 2

Multiple Choice

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Rafe signs a one-year lease with Suki to occupy an apartment in Lawrence,Kansas,near the University of Kansas.Rafe needs the apartment only for two semesters and may have to sublet it for the rest of the term.Rafe's tenancy is​ 

A)  ​a periodic tenancy. 
B)  ​a tenancy at will. 
C)  ​a tenancy at sufferance. 
D)  ​a fixed-term tenancy.

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

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Question 3

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Maggie uses John's garage to store her car.She does not pay rent.John decides that he needs the garage for his own car.To terminate Maggie's tenancy,John​ 

Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord. 

In most states,statutes require leases for terms exceeding one year to be in writing. 

Kristen signs a one-year lease with Lamont to occupy an apartment in Minneapolis near the University of Minnesota.Kristen's tenancy is​ 

A&B Storage,Inc.,signs a six-month lease to occupy a warehouse.This is​ 

Larissa leases to Metal Fabrication Corporation a 10,000 square-foot building under a written lease with a twenty-year term,rent payable annually.The lease includes a clause stating that Metal Fabrication is responsible for making all necessary repairs,including rebuilding the structure after its destruction by any cause beyond Larissa's control.The lease does not include a clause concerning its assignment.One day after the tenth rental payment,Metal Fabrication,without Larissa's knowledge or consent,assigns its interest in the lease to National Steel,Inc.Meanwhile,Larissa dies and Olina inherits her interest in the building.Without the knowledge or consent of either Metal Fabrication or National Steel,Olina sells the building to Prime Properties,Inc.The next month,the building is destroyed in devastating storm.Metal Fabrication rebuilds it and files a suit against Prime Properties for the expense.The defendant responds that the lease has terminated.Is Prime Properties correct? If so,when did the lease terminate? If not,is Prime Properties liable for the cost of rebuilding the structure? Why or why not?​

An eviction occurs when a landlord deprives the tenant of possession of the leased property. 

Wilma has a fixed-term tenancy for her apartment with HiQual Apartments.Wilma dies.Her tenancy​ 

Usually,a lease terminates when its terms ends. 

A fixed-term tenancy does not terminate. 

If a tenant abandons the premises,a landlord is required to mitigate his or her damages. 

A landlord is usually required to give some period of notice to terminate a periodic tenancy. 

A fixed-term tenancy is created when property is leased for a specified period of time. 

When a landlord sells leased premises to a third party,any existing leases terminate automatically. 

Phoebe leases an apartment from Quito for one year.After two months,she sublets the premises for the next six months to Rufus,without obtaining Quito's con-sent.Rufus pays the rent for only four months.For the last two months of Rufus's six-month term,Phoebe is​ 

Fact Pattern 38-1Stores & Shops, Inc., leases space in a certain mall to Trends Clothing Company and Unique Fashions Store. Later, Unique Fashions begins to sell items that are similar to Trends Clothing's goods, and Trends Clothing abandons its space before the end of the lease term. -Refer to Fact Pattern 38-1.In some jurisdictions,Stores & Shops would be​ 

Javier owns a duplex that he leases to Yvon and Zach.Javier may sell​ 

A tenant can withhold rent for any reason.