Chapter 43 Landlord-Tenant Law 465
Practice Test
True/False Questions
Circle true or false:
1. T F A landlord must maintain an apartment in compliance with the state’s building code, unless the lease specifically exempts that particular unit.
3. T F A nonrenewable lease of a store, for six months, establishes a tenancy for years.
5. T F A landlord is generally liable for personal injuries sustained within an apartment, but cannot be liable for criminal attacks that occur there.
Multiple-Choice Questions
7. CPA QUESTION: To be enforceable, a residential real estate lease must:
(a) Require the tenant to obtain liability insurance.
(b) Entitle the tenant to exclusive possession of the leased property.
(c) Specify a due date for rent.
(d) Be in writing.
9. In May, Sharon and Joanne, both sophomores, are looking for an apartment to share beginning in September. They find the perfect unit which Ralph, the landlord, is working on right then. The parties agree on a rent of $1,000 per month, for 12 months. “Come back in late August, when I’m finished working,” says Ralph. “I’ll have a lease ready, I’ll take your deposit, and you can move right in.” The young women return in August to discover that Ralph has rented the apartment for $1,500 to other students. When they sue Ralph, Sharon and Joanne will
(a) Win $12,000.
(b) Win $18,000.
(c) Win possession of the apartment.
(d) Win the difference between $12,000 and whatever they are forced to spend for a similar apartment.
(e) Lose.
Short-Answer Questions
11. The court held the defendant liable for $900 (treble damages) and an additional $900 in attorney’s fees. The rationale for treble damages is that, historically, landlords often willfully refuse to refund security deposits, knowing that most tenants would not bother to sue. That was obviously unethical. By trebling the damages, state legislatures have given landlords a financial incentive to be fair. By permitting attorney’s fees, such laws ensure that injured tenants have access to court and a remedy. Preece v. Turman Realty Co., Inc., 228 Ga. App. 609, 492 S.E.2d 342, 1997 Ga. App. LEXIS 1216 (Ga. App. 1997).
13. The court denied summary judgment. Davis Radio is raising a constructive eviction defense to the suitor nonpayment of rent. Davis argues that the odors were so strong as to interfere with its quiet enjoyment of the premises. If Davis can convince the jury that the interference seriously interfered with normal use of the premises, it owes no rent. Schwachman v. Davis Radio Corporation, Mass. Lawyers Weekly, No. 1236094 (Mass. Super. Ct. 1994).
15. ROLE REVERSAL: Write a multiple-choice question concerning one of these issues: tenancy for years, security deposit, or sublease.
Internet Research Problem
Go to http://www.tenantsunion.org/tulist.html, and search for the law of your state concerning a landlord’s obligation to provide a habitable apartment. Now assume that you are living in a rental unit with serious defects. Draft a letter to the landlord asking for prompt repairs. For sample letters, go to http://little.nhlink.net/nhlink/housing/cto and find the links to “Know Your Rental Rights” and “CTO Model Letters.”
You can find further practice problems in the Online Quiz at http://beatty.westbuslaw.com or in the Study Guide that accompanies this text.