Học Thi Real Estate License ở California: Landlord and Tenant Relations Dat Hoang April 18, 2020 No Comments 1. A lessee notifies the lessor that he is going to vacate because the lessor raised the rent. By mutual written agreement, the lessee agrees to continue on a year-to-year basis at the new rent (paid monthly). Either party has the right to cancel by written notice prior to the beginning of the next year. This is: a tenancy at will an estate for years a tenancy at sufferance a periodic tenancy HintTenancy is year to year. 2. A lessee transfers all of his interests. the transfereee would be the: assignee sublessor sublessee assignor HintThe assignee is primarily liable on the lease. 3. A tenant can properly defend against an unlawful detainer action by showing that: the tenant will be able to make up the payments in the future partial payment had been made the premises are uninhabitable the tenant is a member of a protected group HintGood defense. 4. Although Mr. and Mrs. Sanchez's five year lease has expired, they continue to live on the property and pay their rent semiannually. They have a: month-to-month tenancy tenancy at will tenancy at sufferance periodic tenancy HintSix-month period. 5. A lease whereby the lessee pays the property tax is probably a: net lease residential lease sandwich lease percentage lease HintThe lessee pays all expenses. 6. As to a lease, which of the following would be an implied covenant? rent term none of these quiet enjoyment HintThe landlord will not interfere with tennat righs. 7. Gianni enters into a percentage lease as a tenant. His rent is likely based on a percentage of his: net income before taxes gross receipts inventory net income after taxes Hintnever net because there may be none. 8. A landlord threatened a delinquent tenant with physical harm unless she vacated the premises. This action could subject the landlord to a penalty up to: $100 $1,000 $2,000 $500 9. A leae that does not involve the party in possession and the owner would be: a sublease an assignment both b and c a sandwich lease 10. A rental house is located on a farm. The maximum legal lease is: 10 years 99 years 50 years 51 years HintIt is residential. 11. A landlord wished to evict four families who were behind in their rents but did not want to incur legal expenses. The landlord cuts off the water supply to the tenants for 30 days. If a court later penalized the landlord for this action, the maximum penalty would be: $3,000 $400 $12,000 $100 Hint$100 per day for four tenants. 12. A landlord may not: do any of the above charge a higher rent for the first month's occupancy give a 30-day notice to vacate without specifying the reason change the tenant rules HintThis would be regarded as a nonrefundable deposit. 13. To maximize the income of a lessor as to commercial property with increasing desirability, the lessor should insist on a: net lease long-term lease percentage lease gross lease HintIncome would increase with sales. 14. A landlord can insist on a nonrefundable: tenant screening fee security deposit cleaning deposit none of the above HintUp to $30 15. The landlord hired an ex-fighter to scare a tenant into moving in order to avoid eviction costs. The landlord could be subject to a penalty upto: $2000 $1,000 $100 $10,000 HintMenace. 16. The landlord under a lease: cannot sell his rights subrogates his interests subordinates his rights increases the value HintOf possession to the tenant. 17. A landlord brought an unlawful detainer action against a tenant, but the court determined the premises were not habitable. The landlord could be subject to: $8,500 fine $10,000 fine and/or one year in prision $2,000 fine the tenant's costs and attorney fees HintPlus a fine up to $5,000/ 18. The efficiency of an office building would be measured by: ratio of rentable space to total space rents received length of leases the vacncy factor 19. The term demise is related to which word? executor intestate alienate probate HintIt is a transfer (alienation) of a lease. 20. A tenant wishes to record her lease. she must have signed it it must have been signed by the lessor it must have been witnessed all of these are true HintAnd acknowledged. 21. Jones has been Smith's tenant for 13 months on a month-to-month tenancy. To evict Jones, Smith must give Jones a: 30-day notice 3-day notice to quit 60-day notice one-year notice HintSince over 12 months as tenant. 22. Which of the following is true with respect to the assignment of a lease? the original lessee is the sole party liable for the payment of rent the entire lease hold is transferred it is the same as a sublease the original lessee would still retain a right to use the property for a limited time HintBut the assignor remains secondarily liable. 23. A lease prohibits assgignment without the approval of the lessor. The lessee assigns the lease without approval. The assignment is: illegal voidable unenforceable void HintAt the option of the lessor. 24. Mrs. Aaron, who lives in a mobile home park, has just purchased a dog as a companion. The park has notified Mrs. Aaron that she must vacate the park within 60 days or get rid of the dog since park rules clearly prohibit pert. Mrs. Jones: Must comply with the notice can sue the park for retaliatory eviction should tell park management that she is entitled to a one-year notice is entitled to keep her dog subject to reasonable restrictions HintOne pet allowed in mobile home parks. 25. A tenant under a 10-year lease at $1000 per month decides to go out of business. The premises currently are worth $1,500 per month. She would be best off to: rescind the lease none of these assign the lease sublet HintAnd take advantage of the higher rent value. 26. The highest percentage on a percentage lease would probably be paid by a: shoe repaid shop parking lot barber shop supermarket HintUp to 80 percent of gross. 27. What do residential tenants and owners of condominium units have in common? both have an estate in real estate both a and c both have fee interest both have nonfreehold interests HintTenant has leasehold estate. 28. A Section 8 tenant must be given at least ___ days' notice to vacate: 60 3 90 10 HintBecause rental agreement was with a government agency. 29. As to unlawful detainer assistants, they: must post a $10,000 bond cannot advertise must post a $25,000 bond cannot charge for services 30. A landlord was required to give a translated copy of the lease to a tenant because the lease was negotiated in: French Dutch Korean German HintStatutes requires copies if negotiated in Spanish, Tagalog, Chinese, Vietnamese, or Korean. 31. A tenant rents a summer cottage from June 1 to September 1. This is a(n): tenancy at sufferance periodic tenancy tenancy at will ease for years HintTenancy is for a definite period. 32. Margaret leases Nathan's store for one year under a verbal lease; starting on that date, Margaret fails to take possession and indicates that she will not be bound by the lease. the lease is unenforceable the lease is voidable the lease is illegal (because it is verbal) Margaret is liable under the lease HintA lease for one year or less is an exception to the Statute of Frauds. 33. To be recorded, a lease must be acknowledged by: the lessor the lessee the notary public either b or c HintLessor acknowledges before a notary. 34. A gross lease means the lessee pays: a flat rent a percentage of the net a percentage of the gross all owner costs plus rent 35. A lease clause that allows rent to fluctuate based on some stated criterion would be a(n): alienation clause variable clause escalator clause up-and-down clause 36. In the question above, if Jones had only been a tenant for six months then the notice to vacate would have to be for at least: 15 days 30 days one year 60 days HintSince less than one-year tenant. 37. An estate for years would be creadted by: express agreement operation of law escheat implication HintSince it is for a definite period. 38. Which of the following would pay the lowest percentage on a percentage lease? a furniture store a prescription drugstore a music store a supermarket HintLower markup. 39. In which court would an unlawful detainer action be commenced? Appeal Court small claims court Common-law Court Superior Court HintAlmost all real estate litigations is in the Superior Court. Cannot evict in Small Claims Court. 40. The designation CPM stands for: Common Area Property Management Chartered Professional Manager Certified Property Manager Corrective Property Maintenance HintHighest Property Management Professional Designation of NAR. 41. Jones had not raised tenant Smith's apartment rent in nine years. Jones notifies Smith that the rent, which was $600 per month, will be raised to $1,100. The notice of increased rent must be: for the length of the rent-paying 60-day notice a one-year notice 30-day notice HintSince rent increase is more than 10 percent. 42. A sublessee could be described as a(n): tenant assgnor assignee owner HintOf the sublessor. 43. A landlord retained part of a security deposit without providing the tenant with receipts because: the deposit was really a cleaning fee the tenant was on a month-to-month tenancy the amount retained was less than $125 the tenant was evicted for cause 44. A tenant who received permissive possession without a tenancy agreement would have a: trespasser's interest tenancy at sufferance month-to-month tenancy tenancy at will 45. A clause that relieves a landlord of any liability for injury to a tenant would be a(n): exculpatory clause habendum clause dragnet clause escalator clause Hintunenforceable for residential leases. 46. The maximum lease on agricultural acreage is: 99 years 1 year 10 years 51 years HintResidential, it is 99 years. 47. A lease failed to state its term. The lease would be: a month-to-month tenancy an estate for years a tenancy at sufferance a tenancy at will 48. A lessee of a lessee would be: liable on the lease to the original lessee none of the above secondarily liable on the lease to the original lessee a sublessor HintA sublessee of original lessee would be liable to the sublessor. 49. Smith decides to evict Ms. Jones, who has been a tenant for 12 years and is confined to a wheelchair because the income from the rent-controlled unit is not sufficient. Smith wants to use the space for storage. His notice to vacate must be for: 30 days one year 3 days 60 days HintDisabled or 62 years old an a tenant for at least one year. 50. A landlord wished to give a month-to-month tenant notices as to a 12 percent rent increase. The notice required is 60 days 30 days 90 days 3 days HintSince over 10% increase in one year. 51. Albert grants Frank an estate for a lesser period than Albert has, Frank has a: reversionary interest remainder interest lease hold fee simple interest 52. Not required for a lease is: that the lessor be competent that it be in writing that the purpose for use is legal the premises be described HintA lease for one year or less need not be in writing but all requirements of a contract apply. 53. When could a landlord insist that a tenant pay rent in cash? for Section 8 rentals when lessee is not a member of a protected group when a prior rent check bounced for rentals under $250 HintPrior problems with rent payment. 54. A right of first refusal differs from an option in that: option must be given to a third party the right of first refusal must be in writing the tenant under an option can force the landlord to sell or lease the tenant under an option does not have to excersise his or her right HintUnder a right of first refusal the landlord does not have to agree to sell or lease to a third party. 55. "Of definite duration" would most likely refer to: a periodic tenancy a life estate an estate for years a freehold estate HintBy definition. 56. A tenant at sufferance is a: tenant on a lease tenant who stays on after the lease expires slum dwelling tenant on a month-to-month basis (with no lease) HintOr who gives notice and fails to leave. 57. A tenant on a five-years lease abandons the premises. The lessor may not: rerent to mitigate damages sue for the balance due on the lease lease for a lower rent than the previous tenant paid sue for the rent currently due HintCan sue as rent becomes due. 58. A lease does not specify when the monthly rent is due. It would be due: by the 10th of each month on the 15th of each month on the first of each month at the end of each rent-paying period HintAlthough parties usually specify at beginning of each period. 59. A lessor gives a lessee a lease for two years. The lessee does not get around to signing it but moves in: the lease is valid but unenforceable the lease is valid though unsigned because of the lessee's partital performance the lessee has a month-to-month tenancy the lease is invalid because of the Statute of Frauds HintThe lessee has accepted the lease my moving in. 60. The landlord must notify residential tenant of the right to: a 12-month lease renew their lease record their lease a prevacancy inspection HintSo corrective action can be taken.