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Exam 50: Landlord-Tenant Law

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Question 41

Multiple Choice

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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) B) and D)

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Question 42

Multiple Choice

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Bob leases an apartment from Brenda and pays rent of two months in advance, plus a damage deposit. Unfortunately, when he attempts to move in, he finds that Connie is living in the apartment. Connie tells him that Brenda had no right to ask her to leave and that she is staying put. Which of the following is true assuming that Connie has no legal right to occupy the premises?

A) In the majority of states, the landlord is required to remove the previous tenant or break the agreement with the new tenant.
B) In a majority of states, the landlord is required to simply provide legal possession of the premises and has no responsibility to see that the previous tenant leaves.
C) In a majority of states Bob and Brenda would have to split any costs involved in removing Connie from the premises.
D) In a majority of states, Bob would be required to initiate legal action to remove Connie, but he would be entitled to reimbursement from Bob.
E) In a majority of states, Bob could have Brenda put in jail if she did not have Connie removed within 30 days.

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

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Question 43

Multiple Choice

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

"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 the correct term for the action Christen took in transferring her entire interest in the leased property to Doug?

"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 collect rent payments from Christen?