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Flashcards in UNIT 11 Deck (29)
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1

Rent would BEST be defined as
a. the contractual consideration to a third party.
b. the consideration for the use of real property.
c. all monies paid by the lessor to the lessee.
d. the total amount owed under the terms of a lease.

b. the consideration for the use of real property.

2

Landlord and tenant enter into a three-year lease agreement. Tenant agrees to pay an established monthly amount for the first year. For the remaining months, the rent will increase a predetermined amount at regular intervals until the end of the lease period. This is an example of
a. a balloon lease.
b. an index lease.
c. a gross lease.
d. a graduated lease.

d. a graduated lease.

3

A tenant’s apartment lease has expired. She and her landlord have agreed that she may remain on the premises until a sale of the building is finalized or until the tenant locates another suitable rental, whichever occurs first. The tenant will continue to pay her normal monthly rent. She and the landlord made a commitment to inform each other two weeks prior to ending this agreement. The tenancy described is
a. estate at will.
b. estate sale.
c. estate at sufferance.
d. periodic tenancy.

a. estate at will.

4

The tenant leases a heated apartment, but the landlord fails to provide heat because of a defective central heating plant. After numerous written requests for the landlord to fix the heating problem, the tenant vacates the premises and refuses to pay any more rent. This is an example of
a. abandonment.
b. actual eviction.
c. constructive eviction.
d. lessor negligence.

c. constructive eviction.

5

Under the provisions of a typical commercial lease, any trade fixtures that remain in the property after the lease has expired will be the property of the
a. lessor.
b. lessee.
c. property manager.
d. future tenant.

a. lessor.

6

A North Carolina landlord’s remedy of tenant eviction includes
a. sending, via certified mail, notification of cancellation of the lease to the tenant.
b. changing the locks on the rental unit if on three separate occasions the tenant fails to respond to the landlord’s requests for payment.
c. filing for summary ejectment in district court.
d. seizing and selling the tenant’s personal property to cover property damage caused by the tenant.

c. filing for summary ejectment in district court.

7

A residential tenant is unhappy with the habitability of an apartment, because the toilet will not flush. Under the North Carolina Residential Rental Agreements Act, the tenant may
a. hire a plumber and charge it to the landlord.
b. pay a plumber and deduct it from his next month’s rent.
c. withhold rent until the problem is fixed by the landlord.
d. wait for the landlord to make the repair.

d. wait for the landlord to make the repair.

8

The authority to enforce an order of summary ejectment of a delinquent tenant from rented property in North Carolina is held by the
a. housing authority.
b. landlord.
c. sheriff.
d. property manager.

c. sheriff.

9

A tenant's lease has expired, but the tenant has not vacated the premises or negotiated a renewal lease. The landlord wants the tenant out of the unit. This type of occupancy is referred to as an estate
a. for years.
b. from year to year.
c. at will.
d. at sufferance.

d. at sufferance.

10

A businessman agrees to lease a barber shop from a landlord. The party responsible for the expense of making repairs to the interior of the building would MOST likely be
a. shared equally by the landlord and the tenant.
b. determined by negotiation of the parties.
c. the landlord under the NC Residential Rental Agreements Act.
d. the tenant.

b. determined by negotiation of the parties.

11

When a tenant sublets all or any part of the premises rented under a written lease
a. the tenant assigns all rights and responsibilities in the rented property to the new lessee.
b. the sublessee becomes primarily responsible to the landlord for the payment of rent and maintenance of the property.
c. the original lease is automatically canceled and the sublessee takes possession of the property on a month-to-month basis.
d. the original lease is unaffected unless it contains a provision that prohibits such subletting.

d. the original lease is unaffected unless it contains a provision that prohibits such subletting.

12

All of the following would acquire title to real property EXCEPT
a. a grantee.
b. a devisee.
c. a vendee.
d. a lessee.

d. a lessee.

13

The principal difference between an estate for years and an estate from year to year is that
a. an estate for years is a life estate.
b. an estate for years cannot be renewed.
c. an estate from year to year must be in writing.
d. an estate from year to year has no termination date.

d. an estate from year to year has no termination date.

14

A lessee who pays some or all of the lessor's property expenses has a
a. gross lease.
b. net lease.
c. percentage lease.
d. sublease.

b. net lease.

15

The covenant implied in a lease that ensures that the tenant will not be evicted by someone claiming ownership of the property prior to that of the lessor is the covenant
a. of seizin.
b. of quiet enjoyment.
c. of warranty forever.
d. against encumbrances.

b. of quiet enjoyment.

16

A tenant has an estate for years. According to the written one-year lease, the tenancy will expire on May 1st. In order for the landlord to regain possession as of that date, he is
a. required to provide the tenant with 30 days' notice.
b. required to provide the tenant with 60 days’ notice.
c. required to give notice as of April 15th.
d. not required to give notice.

d. not required to give notice.

17

The owner of real estate who leases it to another is called the
a. vendor.
b. lessor.
c. grantor.
d. trustor.

b. lessor.

18

A North Carolina lease that will terminate within one year of its beginning
a. is invalid.
b. violates the provisions of the statute of frauds.
c. must be in writing.
d. may be valid if oral.

d. may be valid if oral.

19

Which of the following is the BEST definition of actual eviction?
a. The right of a landlord to use the rental premises
b. The enforcement of a court order to remove a lessor
c. The landlord's future interest in the rental premises
d. The enforcement of a court order to remove a lessee

d. The enforcement of a court order to remove a lessee

20

When a tenant holds possession of a landlord's property with an indefinite lease term but with the consent of the landlord, this is called
a. estate in common.
b. estate at sufferance.
c. estate at will.
d. trespass.

c. estate at will.

21

If a landlord wishes to remove a tenant that has breached the lease from the rental unit, the landlord should
a. refund any rents paid.
b. refund all security or other deposits paid.
c. file for a summary ejectment.
d. use the absolute minimum amount of force necessary.

c. file for a summary ejectment.

22

Tenants of an apartment complex have continually complained that the lighting in the parking lot is very inadequate, but the landlord has done nothing to improve the situation. A tenant is subsequently robbed and beaten in a darker section of the parking lot. The landlord may be sued because of
a. the law of negligence.
b. the tenant’s right of constructive eviction.
c. the doctrine of caveat emptor.
d. the landlord’s breach of contract.

a. the law of negligence.

23

An estate for years
a. must have a term of at least one year.
b. requires no notice requirement to terminate the lease.
c. grants lifetime rights to a surviving spouse.
d. grants the lessee a freehold estate.

b. requires no notice requirement to terminate the lease.

24

A tenant is in possession of property for an automatically renewable period of time. The tenancy is terminable with proper prior notice by either party. This is an example of
a. estate for years.
b. periodic tenancy.
c. determinable estate.
d. estate at sufferance.

b. periodic tenancy.

25

Under a residential gross lease, the lessor typically pays all of the following EXCEPT
a. maintenance costs.
b. real estate taxes.
c. insurance premiums.
d. a security deposit.

d. a security deposit.

26

A tenant's lease does not terminate for five more years. The premises, however, have become too small to accommodate the tenant's growing business. Another business owner is interested in leasing the premises from the tenant for three years. If the landlord does not object, the tenant would MOST probably agree to
a. tenancy at will.
b. a quitclaim deed.
c. assignment.
d. periodic tenancy.

c. assignment.

27

A young couple with a toddler wants to lease an apartment in a quiet high-rise complex that is occupied primarily by adults. The rental agent shows the couple apartments only on the first floor, although the couple has expressed an interest in units with a view of the city. The rental agent should
a. restrict tenants with small children to first floor units for the safety of the children.
b. charge a higher security deposit for this tenant.
c. have suggested that the couple look elsewhere.
d. have shown all units that met the couple's preference for a view.

d. have shown all units that met the couple's preference for a view.

28

The lease prohibits tenants from altering the property in any way without the landlord’s written permission. A tenant who uses a wheelchair cannot maneuver over the doorstep into the apartment by herself nor can she use the bathroom facilities in her wheelchair. Which of the following is TRUE?
a. The landlord must pay for alterations that make a unit accessible to and livable for tenants with disabilities.
b. The tenant cannot remedy these challenges because of the lease terms.
c. The landlord should not have rented this apartment to the tenant.
d. The tenant is entitled to make and pay for reasonable necessary alterations.

d. The tenant is entitled to make and pay for reasonable necessary alterations.

29

In North Carolina, leases
a. are not assignable.
b. can be assigned unless the lease expressly prohibits it.
c. can only be executed by a property manager.
d. must be in writing and recorded to be valid.

b. can be assigned unless the lease expressly prohibits it.