unit 7 Flashcards

1
Q

Jasmine owns a home that she has rented to Sue. Sue stopped making her rent payments, necessitating Jasmine’s evicting her. Which isNOTa part of the process she is expected to follow to regain possession of the property?

A

Jasmine must give a 24-hour address or phone number to Sue so Sue can get a key to get into the property.

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2
Q

Jane is forced to move out of her apartment because it has no heat and the plumbing doesNOTwork. This is

A

a constructive eviction.

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3
Q

Ten months ago, Jennifer entered into a year-to-year periodic estate, signing a one-year lease. The lease probably requires which length of notice to terminate it?

A

One month

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4
Q

Which of the following mayNOTcreate a lease contract?

A

Real estate sales agent

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5
Q

Which of the following is a leasehold that continues for a definite period?

A

An estate for years

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6
Q

A tenant usually is allowed to make improvements to the property

A

only with the landlord’s permission.

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7
Q

Texas law suggests that occupancy standards for apartments be set at no more than three people per bedroom. Which of the followingBESTdescribes how occupancy matters should be addressed?

a. The law is rarely enforced because the Landlord and Tenant Act restricts a landlord’s access to rental dwellings to see how many people are living there.
b. Landlords cannot limit the number of people in an apartment unless there has been an event at the apartment that required police action—in which case “extra” residents may be removed (evicted).
c. Tenants and landlords should work together, along with municipalities, concerning occupancy rates.
d. The law is very specific and landlords are permitted to turn away families that exceed that standard.

A

c. Tenants and landlords should work together, along with municipalities, concerning occupancy rates.

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8
Q

Which of the following isNOTtypically included in tenant eligibility criteria?

a. Marital status
b. Criminal history
c. Previous rental history
d. Current income

A

a. Marital status

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9
Q

Are oral lease agreements permitted in Texas?

A

Yes, lease agreements of less than one year may be oral.

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10
Q

Which of the following isTRUE?

a. A multidwelling rental housing owner need not disclose to rental applicants of an apartment community that a convicted sex offender is living in the apartment community.
b. The owners of single-family rental houses have a duty to disclose to rental applicants any information about high-risk sex offenders living near the rental dwelling that they know about.
c. A multidwelling rental housing owner must disclose to all rental applicants of an apartment community that a convicted sex offender is living in the apartment community.
d. The owner of a single-family rental unit has a duty to disclose to rental applicants any information about high-risk sex offenders living near the rental unit.

A

c. A multidwelling rental housing owner must disclose to all rental applicants of an apartment community that a convicted sex offender is living in the apartment community.

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11
Q

Tina is in a wheelchair and looking for an apartment unit to rent. She wants to see an upstairs unit in a small apartment complex because the view is much better on the second floor. Unfortunately, there is no elevator and the property is not required to have one. What should the landlord do in this situation?

A

Show Tina an upstairs apartment.

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12
Q

The requirements of a valid lease include allEXCEPT

a. recordation in the county clerk’s office.
b. offer and acceptance.
c. valuable consideration.
d. capacity to contract.

A

a. recordation in the county clerk’s office.

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13
Q

What happens to the tenant application fee if the application is rejected?

A

It is retained by the landlord to cover the cost of obtaining credit and criminal background checks.

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14
Q

An “estate for years” must run a minimum of how many years?

A

No minimum

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15
Q

Which of the following terminates upon either party’s giving proper notice or by the death of either party?

a. Tenancy at will
b. Life estate
c. Estate for years
d. Periodic estate

A

a. Tenancy at will

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16
Q

Lead-based paint disclosures on properties built before 1978

A

require renter notification if repair work disturbs more than 6 square feet of interior surface area.

17
Q

A right of first refusal allows a tenant to

A

be the first to consider and possibly renegotiate a renewal with a landlord.

18
Q

In a leasehold estate, the landlord is called

A

the lessor.

19
Q

A tenant in a wheelchair wants to install a ramp to get through the front door of a single-family unit. Which of the following statements is true regarding this matter, assuming that the landlord considers this to be a reasonable modification?

A

The tenant may install the ramp and pay all costs of installation.

20
Q

How much notice must lessees provide that they intend to vacate a property at the end of a “lease for years”?

A

No notice is required.

21
Q

Under Texas law, what is the maximum number of adults that a landlord may allow to occupy a dwelling in most instances?

A

Three times the number of bedrooms

22
Q

Why should lease agreementsALWAYShave specific occupancy and vacate dates?

A

Because the courts could finds the lease invalid

23
Q

When must a landlord give a potential tenant the landlord’s tenant selection criteria?

A

At the time an applicant is given a rental application

24
Q

How has the Texas Landlords and Tenants Act helped “balanced” the leasing contract?

A

It provides more rights to tenants, such as when a landlord may enter a property, installation of smoke detectors, and other security precautions.

25
Q

A family with two children wants to rent a two-bedroom house. The landlord refuses to rent the house indicating that they do not allow more than one child per bedroom. Is this housing discrimination?

A

Yes, it is a violation of fair housing laws to limit the number of children to less than two per bedroom.

26
Q

Is a landlord liable for leasing property to a tenant who has been convicted of petty theft?

A

No, a landlord is not liable for leasing to such tenant.

27
Q

A landlord and a tenant agree to rent an apartment by the month without specifying the number of months the lease will run. This is

A

a periodic estate.

28
Q

A variable lease may be an index lease or

A

a graduated lease.