Học Thi Real Estate License ở California: Landlord and Tenant Relations 1. As to a lease, which of the following would be an implied covenant? quiet enjoyment rent none of these term Hint 2. Not required for a lease is: that it be in writing that the lessor be competent that the purpose for use is legal the premises be described Hint 3. The landlord under a lease: cannot sell his rights subrogates his interests increases the value subordinates his rights Hint 4. A leae that does not involve the party in possession and the owner would be: both b and c a sublease an assignment a sandwich lease 5. A clause that relieves a landlord of any liability for injury to a tenant would be a(n): habendum clause exculpatory clause dragnet clause escalator clause Hint 6. The designation CPM stands for: Chartered Professional Manager Common Area Property Management Corrective Property Maintenance Certified Property Manager Hint 7. 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: $2,000 fine the tenant's costs and attorney fees $8,500 fine $10,000 fine and/or one year in prision Hint 8. What do residential tenants and owners of condominium units have in common? both have fee interest both have nonfreehold interests both have an estate in real estate both a and c Hint 9. A landlord may not: give a 30-day notice to vacate without specifying the reason change the tenant rules do any of the above charge a higher rent for the first month's occupancy Hint 10. The highest percentage on a percentage lease would probably be paid by a: barber shop supermarket shoe repaid shop parking lot Hint 11. Gianni enters into a percentage lease as a tenant. His rent is likely based on a percentage of his: net income after taxes gross receipts inventory net income before taxes Hint 12. A Section 8 tenant must be given at least ___ days' notice to vacate: 10 3 90 60 Hint 13. A tenant who received permissive possession without a tenancy agreement would have a: tenancy at sufferance month-to-month tenancy trespasser's interest tenancy at will 14. A tenant rents a summer cottage from June 1 to September 1. This is a(n): tenancy at will periodic tenancy tenancy at sufferance ease for years Hint 15. A landlord was required to give a translated copy of the lease to a tenant because the lease was negotiated in: Dutch French Korean German Hint 16. A lease clause that allows rent to fluctuate based on some stated criterion would be a(n): alienation clause up-and-down clause escalator clause variable clause 17. The maximum lease on agricultural acreage is: 51 years 10 years 1 year 99 years Hint 18. A sublessee could be described as a(n): owner tenant assgnor assignee Hint 19. When could a landlord insist that a tenant pay rent in cash? when lessee is not a member of a protected group for Section 8 rentals when a prior rent check bounced for rentals under $250 Hint 20. The efficiency of an office building would be measured by: ratio of rentable space to total space rents received the vacncy factor length of leases 21. A gross lease means the lessee pays: a percentage of the net a flat rent a percentage of the gross all owner costs plus rent 22. A lease whereby the lessee pays the property tax is probably a: net lease residential lease sandwich lease percentage lease Hint 23. 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. Margaret is liable under the lease the lease is unenforceable the lease is voidable the lease is illegal (because it is verbal) Hint 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: is entitled to keep her dog subject to reasonable restrictions 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 Hint 25. 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 3 days 60 days one year Hint 26. 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 $10,000 $100 Hint 27. A tenant on a five-years lease abandons the premises. The lessor may not: lease for a lower rent than the previous tenant paid sue for the rent currently due sue for the balance due on the lease rerent to mitigate damages Hint 28. 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: periodic tenancy month-to-month tenancy tenancy at will tenancy at sufferance Hint 29. Which of the following would pay the lowest percentage on a percentage lease? a music store a prescription drugstore a supermarket a furniture store Hint 30. A right of first refusal differs from an option in that: 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 option must be given to a third party Hint 31. 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 invalid because of the Statute of Frauds 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 Hint 32. As to unlawful detainer assistants, they: must post a $25,000 bond cannot advertise must post a $10,000 bond cannot charge for services 33. A lease does not specify when the monthly rent is due. It would be due: by the 10th of each month on the first of each month at the end of each rent-paying period on the 15th of each month Hint 34. 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: $400 $100 $3,000 $12,000 Hint 35. A lease failed to state its term. The lease would be: a tenancy at sufferance an estate for years a tenancy at will a month-to-month tenancy 36. To be recorded, a lease must be acknowledged by: the lessee the notary public the lessor either b or c Hint 37. 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 sufferance a periodic tenancy an estate for years a tenancy at will Hint 38. To maximize the income of a lessor as to commercial property with increasing desirability, the lessor should insist on a: gross lease net lease percentage lease long-term lease Hint 39. In which court would an unlawful detainer action be commenced? small claims court Appeal Court Superior Court Common-law Court Hint 40. A landlord retained part of a security deposit without providing the tenant with receipts because: the amount retained was less than $125 the tenant was evicted for cause the deposit was really a cleaning fee the tenant was on a month-to-month tenancy 41. An estate for years would be creadted by: implication escheat operation of law express agreement Hint 42. A landlord wished to give a month-to-month tenant notices as to a 12 percent rent increase. The notice required is 3 days 90 days 30 days 60 days Hint 43. A landlord can insist on a nonrefundable: none of the above tenant screening fee cleaning deposit security deposit Hint 44. The term demise is related to which word? executor probate intestate alienate Hint 45. A lessee of a lessee would be: secondarily liable on the lease to the original lessee none of the above a sublessor liable on the lease to the original lessee Hint 46. "Of definite duration" would most likely refer to: an estate for years a periodic tenancy a life estate a freehold estate Hint 47. 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 Hint 48. Albert grants Frank an estate for a lesser period than Albert has, Frank has a: lease hold reversionary interest fee simple interest remainder interest 49. 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: 30 days one year 15 days 60 days Hint 50. 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: none of these sublet assign the lease rescind the lease Hint 51. The landlord must notify residential tenant of the right to: renew their lease record their lease a prevacancy inspection a 12-month lease Hint 52. A lessee transfers all of his interests. the transfereee would be the: assignor sublessee assignee sublessor Hint 53. A rental house is located on a farm. The maximum legal lease is: 10 years 51 years 50 years 99 years Hint 54. Jones has been Smith's tenant for 13 months on a month-to-month tenancy. To evict Jones, Smith must give Jones a: 60-day notice 3-day notice to quit one-year notice 30-day notice Hint 55. A tenant at sufferance is a: tenant who stays on after the lease expires tenant on a lease tenant on a month-to-month basis (with no lease) slum dwelling Hint 56. A lease prohibits assgignment without the approval of the lessor. The lessee assigns the lease without approval. The assignment is: voidable void unenforceable illegal Hint 57. 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 $500 $2,000 $1,000 58. 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: 30-day notice a one-year notice 60-day notice for the length of the rent-paying Hint 59. A tenant wishes to record her lease. it must have been signed by the lessor all of these are true it must have been witnessed she must have signed it Hint 60. A tenant can properly defend against an unlawful detainer action by showing that: partial payment had been made the premises are uninhabitable the tenant will be able to make up the payments in the future the tenant is a member of a protected group Hint