TJ_Comp 20_TB_Ch51

TJ_Comp 20_TB_Ch51 - Chapter 51LEASES TRUE/FALSE 1. A lease...

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Chapter 51—LEASES TRUE/FALSE 1. A lease is the relationship by which one person is in lawful possession of real property owned by an- other. ANS: T MSC: AACSB Analytic 2. The relationship of landlord and tenant always is created by an express contract. ANS: F MSC: AACSB Analytic 3. In almost all states, a tenancy from year to year is implied if the tenant holds over after a tenancy for years with the consent of the landlord. ANS: T MSC: AACSB Analytic 4. When land is held for an indefinite period of time and the relationship is terminable at will by either party, a tenancy at will exists. ANS: T MSC: AACSB Analytic 5. A tenancy by sufferance describes a tenancy that can be terminated at any time upon proper notice. ANS: F MSC: AACSB Analytic 6. Under the common law, the reason a landlord terminates a lease by notice is immaterial. ANS: T MSC: AACSB Analytic 7. A tenancy for years terminates at the expiration of the specified term although no prior notice had been given. ANS: T MSC: ACSB Analytic 8. A landlord always may terminate a lease by forfeiting the relationship because of the tenant's miscon- duct or breach of a condition. ANS: F MSC: AACSB Analytic 9. If a leased building is destroyed, the lease is not terminated, and the landlord has a duty to restore the building to its former condition. ANS: F MSC: AACSB Analytic 10. Renewal provisions in a lease are strictly construed against the tenant. ANS: T MSC: AACSB Analytic 11. The rights and duties of the landlord and tenant are based on principles of real estate law and contract law.
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ANS: T MSC: AACSB Analytic 12. Generally, the tenant has the right to the exclusive possession of the premises during the term of the lease. ANS: T MSC: AACSB Analytic 13. When a tenant is deprived of the possession, use, and enjoyment of the premises by a third party, an eviction has occurred. ANS: F MSC: AACSB Analytic 14. If a lease contains a covenant of quiet enjoyment, the lessor must pay a tenant damages if the tenant in another apartment plays a radio too loudly. ANS: F MSC: AACSB Analytic 15. A tenant cannot claim that there has been a constructive eviction if the tenant continues to occupy the rented premises. ANS: T MSC: AACSB Analytic 16. An act or omission of the landlord that substantially deprives the tenant of the use and enjoyment of the premises is a constructive eviction. ANS: T MSC: AACSB Analytic 17. Unless restricted in the lease, a tenant generally may use the premises for any lawful purpose for which they are adapted. ANS: T MSC: AACSB Analytic 18. The modern lease ordinarily provides that a change in the use of the premises from that specified in the lease shall be a condition subsequent. ANS: T MSC: AACSB Analytic 19. A lease provision requiring a tenant to obey regulations that may be subsequently adopted by the land- lord is void because it is unconscionable. ANS: F
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TJ_Comp 20_TB_Ch51 - Chapter 51LEASES TRUE/FALSE 1. A lease...

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