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When must a lease generally be in writing?


A) Leases must always be in writing in order to be enforceable.
B) When the lease term exceeds 9 months.
C) When the lease term exceeds 1 year.
D) When the lease term exceeds 18 months.
E) When the lease term exceeds 2 years.

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

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Which of the following references the ending of a lease before its stated term by mutual agreement between the lessor and the lessee?


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

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

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Which of the following was the result in the "Case Opener," the case in the text in which Roommates.com was sued for alleged violations of the Fair Housing Act and some California statutes because of its involvement in matching roommates?


A) That the defendant had no liability to the plaintiffs because of the concept of caveat emptor.
B) That the defendant had immunity under the Communications Decency Act.
C) That the defendant could not be held liable because neither the Fair Housing Act nor the California statutes applied to tenants looking for roommates.
D) That the defendant was enabling discrimination and was not entitled to immunity under the Communications Decency Act.
E) That the defendant was liable because it required discrimination in order to use its services.

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

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The ______ is the promise that a landlord makes in a lease that the tenant has the right to quietly enjoy the land.


A) Promise of tranquility
B) Agreement of quiet
C) Covenant of quiet enjoyment
D) Contract of enjoyment
E) Contract of tranquility

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

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Which of the following was the result in Nancy McCormick v.Robert Moran,the case in the text in which the plaintiff claimed that she was entitled to a refund of her security deposit,but the defendant claimed that she was liable for additional costs of cleaning her apartment that were incurred because of heavy smoking by tenants?


A) The court ruled that the lessee was responsible for additional costs incurred by the landlord for cleaning the smoke residue even though the lease did not specifically prohibit smoking on the premises.
B) The court ruled that the lessee was not responsible for additional costs incurred by the landlord for cleaning the smoke residue because the lease did not prohibit smoking in the apartment.
C) The court ruled that the lessee was responsible for additional costs incurred by the landlord for cleaning the smoke residue only because the lease specifically prohibited smoking in the apartment.
D) The court ruled that the lessee was responsible for one-half the additional cost incurred by the landlord for cleaning the smoke residue.
E) The court ruled that the lessee was not responsible for additional costs incurred by the landlord for cleaning the smoke residue unless the landlord could establish by additional proof that the plaintiff had failed to take appropriate steps to engage in general cleaning before she vacated the premises.

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

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Which of the following identifies areas such as yards,lobbies,elevators,stairs,and hallways that are used by all tenants?


A) Accessible areas
B) Use areas
C) Lessee areas
D) Leased areas
E) Common areas

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

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Who is responsible for upkeep of common areas?


A) The lessor
B) The lessees
C) Both the lessor and the lessee on a 50-50 basis
D) The lessor is responsible for the upkeep of all common areas except hallways.
E) The lessees are responsible for the upkeep of all common areas except hallways.

F) D) and E)
G) C) and D)

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A[n] ______ lease is created for a recurring term,such as month to month; and it may last for an indefinite time period.


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

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

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A rent escalation clause is typically found in short-term leases.

A) True
B) False

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Which of the following is false regarding the liability of a landlord?


A) If an injury occurs on residential premises because of a condition that the landlord knew or should have known about, the landlord can be held responsible for the injury.
B) If the landlord is aware of a dangerous condition but does not make the tenant aware of the condition, the landlord will be responsible for any resulting injury.
C) If the landlord is aware of a dangerous condition but hides the condition from the tenant, the landlord will be responsible for any resulting injury.
D) If premises are used for commercial purposes, the landlord has a responsibility to ensure that the premises are in reasonably good condition before the tenant takes control of the property.
E) If the premises are used for commercial purposes, the landlord is responsible for maintaining the premises.

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

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Which of the following is a not a type of lease that may be created?


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

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

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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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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) C) and E)
G) C) and D)

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If an individual has a history of not paying rent or severely damaging premises,the landlord does not have to enter into an agreement with this person to lease premises.

A) True
B) False

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Historically,why was a landlord not responsible for ensuring that leased premises were tenantable?


A) Because judges favored lessors.
B) Because the standard of living was lower.
C) Because land was viewed as the more important element being leased.
D) Because it was believed that the free economy should take care of such matters.
E) Because of the large need for premises to lease.

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

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If Christen pays Dusty,does she have any rights to receive reimbursement from Doug?


A) No, because she has no legal liability and is acting as a volunteer.
B) No, because only Christen is liable on the assignment.
C) Yes, but she would only be entitled to recover one half of the amounts because she and Doug are jointly liable to Dusty.
D) Only if Doug specifically agreed by contract when he accepted the premises to reimburse her.
E) Yes, Christen would have a right of reimbursement from Doug.

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

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Generally,a surrender of property must be in writing.

A) True
B) False

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

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

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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 E)
G) A) and C)

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