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WorksheetsCH 14 - Landlord and Tenant
Total questions: 43
Worksheet time: 1hrs 26mins
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.
In North Carolina, a tenant's security deposit held by a licensee:
must be safely held in a trust account
can be used by the landlord to pay the filing fees to commence an eviction process against the tenant for alleged breach of the lease terms
must be accounted for and/or returned to the tenant no later than 15 days after the end of the tenancy
cannot be placed in an interest-bearing trust account unless the tenant receives the interest income
A commercial tenant is leasing a retail space. The landlord has required them to pay a base amount plus the real estate taxes, insurance and maintenance on the property. This type of a lease is a:
gross lease
net lease
graduated lease
compounded lease
A lease that contains regular and predictable changes in the amount of the lease rental payments would be considered what type of lease?
index lease
escalator lease
graduated lease
percentage lease
A commercial tenant leased a warehouse space and later experienced some difficulties with their business. In order to not default on the lease, the commercial tenant located another business and rented the space to them under a subleasing assignment. Under these circumstances, who owes obligations to the landlord in the event of a breach?
The original tenant is in violation of the lease and the landlord may terminate the lease due to a material breach.
Only the original tenant is obligated to the landlord.
Both the current tenant and the original tenant are obligated under the lease.
There is no longer an obligated party once the landlord has accepted rent from the new tenant.
All of the following would terminate a residential lease, EXCEPT:
completion of the lease term
mutual cancellation
sale of the property
failure by the landlord to maintain the property
Frank is not a licensee. He owns several residential investment properties. He is renting one of his houses out for $1,500 per month. What is the maximum security deposit that Frank may charge the tenant is the lease is for a one year term?
$1,500
$2,250
$3,000
Whatever Frank would like because he is not a licensee or a licensed property manager.
A tenant is renting an apartment and pays $875 per month for rent. The landlord pays for the real estate taxes, insurance and maintenance on the property. This type of a lease is a:
gross lease
net lease
graduated lease
compounded lease
in the creation of a non-freehold estate:
The landlord retains a freehold estate
In freehold and on freehold estate exist at same time
The tenant has a non-freehold estate
All of these statements are true
if the landlord fails to perform her duty, the tenant can do all the following except:
Abandon the promises
Decide by himself to refuse to pay rent
Terminate the lease
Sue for damages
all of the following are duties of a landlord except:
Complying with building codes
Being responsible for destruction or defacement caused by the tenant
Repairing utilities and appliances
Maintaining the common areas
Jane Smith signed a lease for one year and they rent of $200 per month. She wanted to keep a small kitten in the apartment but the landlord assumed there would be some degree of damaged by the pet for which he wanted to assess an additional fee of $100. What is the maximum security deposit he could collect from Jane?
$200
$300
$400
$500
Question six: which of the following is/are true characteristics of leasehold estate:
I - They are Estates of unlimited duration
II - The holder of a leasehold estate has legal title to the property
I only
II only
both I and II
Neither I or II
all of the following statements regarding an estate for years are correct except:
The duration of the estate must be definite
The duration of the state must be at least one year
The estate automatically terminates without notice
The contract creating an estate for years is, in some cases, required to be in writing in order to be valid
which is an estate that on Automatically renews itself for consecutive periods?
Estate at will
Life estate
Estate from year to year
Estate for years
which is an estate has a definative begining and ending period with automatic termination and no chance to auto-renew?
Estate at will
Life estate
Estate from year to year
Estate for years
After the termination of the lease, a tenet continued in possession of the property without permission of the property owner. The tenets status is:
Tenant at will
Leasee
Trespasser
Tenant at sufferance
All of the following are essential elements of a valid lease EXCEPT:
The parties must have the legal capacity to contract
The property must be clearly identified
Provision must be made for automatic renewable
All essential aspects of the agreement (rent, occupancy date, and so on) must be set forth
In which type of lease does the leasee agree to pay an increasing rental fee as sales in the demised property increase?
Escalated
Percentage
Ground
Graduated
A lease contract provides for which of the following?
A freehold estate for the lessee
A non-leasehold estate for the lessor
A freehold estate for the tenet
A leasehold estate for the lessee
which of the following is NOT a correct statement regarding the real property and contractual rights of the lessor and lessee created by a residential lease contract?
The lessee has the exclusive right to possession and control of the least premises during the term of the lease
The lessor retains the title to the least premises during the term of the lease and has the right to regain possession upon the termination of the lease
The lessor has the right to enter the property at any time during the term of the lease
The landlord must provide a premises fit for human habitation
all of the following are typical provisions of the lease contracts for an estate for years EXCEPT:
Provision for a term of indefinite duration
Right of first refusal
Right to make alterations
Option to renew
which of the following is a lease in which the rental amount is changed a specified percentage of the change in the consumer price index?
Percentage
Index
Escalated
Graduated
A transaction in which a property owner sells the property and leases it from the purchaser is described as which of the following?
Option to renew
Sale and lease back
Ground lease
Sublease
A lease is terminated by each of the following EXCEPT:
Constructive eviction
Condemnation
Breach of condition
First right of refusal
Tina rents an apartment from Larry. Larry refuses to repair the heating and plumbing; therefore, Tina has no heat or water. Tina can legally:
Remain in the apartment and refuse to pay rent
Move out of the apartment and refuse to pay rent
If a tenant pays rent as well as maintenance, utilities, taxes, and insurance, the lease is a:
Net lease
Gross lease
Ground lease
Randy the renter starts a tenants union to try to improve the maintenance of the apartment complex where he lives. Oscar the owner Immediately gives Randy notice to move out. Randy has protection from a vacation for one year under the statutory provision of:
Self-help
Retaliatory evection
Constructive evection
Negligence
Oral agency is allowed when working with a:
Licensee
Lessor
Lessee
Lienholder
the vacation rental act applies to compensation paid to:
Tenets
Property owners
Real estate agents
Travel agents
Which estate affords the tennant the most security?
Estate at will
Estate from year to year
Estate at sufferance
Freehold estate
A tenant has leased a rental space on a percentage basis. His lease stipulates a minimum payment of $1600 per month plus 4.5% of gross sales exceeding $500,000 per year. What would be the annual gross rent if sales were $625,000?
$19,200
$22,500
$24,825
$47,325
A lease stipulates that the tenant is to pay a minimum monthly rent of $1000 per month plus 3% of annual gross sales in excess of $500,000. If the tenant paid $15,600 in rent last year, what were the gross sales?
$500,000
$520,000
$620,000
$1,020,000
Oral agency is allowed when working with a:
Licensee
Lessor
Lessee
Lienholder
