CH 14 - Landlord and Tenant

The concept of “constructive eviction” requires the lessor to keep the property in a “fit and habitable” condition. Which of the following areas of the property would apply under this doctrine? l. Common hallway leading to the apartment units ll. Parking lot

• l only

• ll only

• Both l and ll

• Neither l nor ll

Which of the following statements is/are correct regarding a ground lease? l. The tenant may erect a building on the property. ll. The tenant may extract minerals from the ground.

• l only

• ll only

• Both l and ll

• Neither l nor ll

Rent would best be defined as:

• the contractual consideration to a third party

• the consideration for the use of the real property

• all monies paid by the lessor to the lessee

• the total amount owed under the terms of the lease

A tenant's apartment lease has expired. She and her landlord have agreed that she may remain on the premises until a sale of the building is finalized or until the tenant locates another suitable rental, whichever occurs first. The tenant will continue to pay her normal monthly rent. She and the landlord made a commitment to inform each other two weeks prior to ending this agreement. This tenancy is described as:

• estate at will

• estate sale

• estate at sufferance

• periodic tenancy

The tenant leases a heated apartment, but the landlord fails to provide heat because of a defective central heating part malfunction. After numerous written requests for the landlord to fix the heating problem, the tenant vacates the premises and refuses to pay any more rent. This is an example of:

• abandonment

• actual eviction

• constructive eviction

• lessor negligence

A residential tenant is unhappy with the habitability of an apartment because the toilet will not flush. Under the North Carolina Rental Agreements Act, the tenant may:

• hire a plumber and charge it to the landlord

• pay a plumber and deduct it from his next month's rent

• withhold rent until the problem is fixed by the landlord

• wait for the landlord to make the repair or utilize the doctrine of constructive eviction

A businessman agrees to lease a barber shop from a landlord. The party responsible for the expense of making repairs to the interior of the building would most likely be:

• shared equally by the landlord and the tenant

• determined by negotiation of the parties per the lease agreement

• the landlord under the NC Residential Rental Agreements Act

• the tenant

A tenant is in possession of property for an automatically renewable period of time. The tenancy is terminable with proper notice by either party. This is an example of:

• estate for years

• periodic tenancy

• determinable estate

• estate at sufferance

Tenants living in foreclosed residential properties:

• must vacate the property within 48 hours of the foreclosure

• must vacate the property within 30 days if the new owner wishes to occupy the property

• can always occupy the unit until the end of their lease period

• have at least a 90-day notice to vacate the property per federal law

A residential lease prohibits tenants from altering the property in any way without the landlord's written permission. A tenant who uses a wheelchair cannot maneuver over the doorstep into the apartment by herself nor can she use the bathroom facilities in her wheelchair. Which of the following is TRUE?

• The landlord must pay for alterations that make a unit accessible and livable for tenants with disabilities.

• The tenant cannot remedy these challenges because of the lease terms.

• The landlord should not have rented this apartment to the tenant.

• The tenant is entitled to make and pay for reasonable necessary alterations.