Chapter 6 Random Flashcards
The main difference between a lease and a licence is:
(1) licenses are governed by the ordinary law of contract and confer no estate in land whereas leases convey an estate in land.
(2) licenses are oral contracts whereas leases must be in writing pursuant to the Law and Equity Act.
(3) the terminology used to describe the parties, i.e., landlord & tenant/licensor & licensee.
(4) licenses provide exclusive possession whereas leases only give the rights described in the lease document.
1
A lease of real property is a contract by which the landlord conveys:
(1) an easement to the tenant.
(2) exclusive possession to the tenant.
(3) a licence to occupy to the tenant.
(4) none of the above.
2
When Joan was viewing the apartment in a converted house which she was contemplating renting from Zack, she noticed that the steps and the handrail in the back staircase appeared to be in a state of disrepair. When Joan moved in after signing the lease, she discovered that she could not use the back stairs because the bottom three stairs were rotten and the handrail was not bolted down. Which of the following statements is TRUE?
(1) Unless the lease provides that Zack will repair the premises, he has no responsibility to make any repairs.
(2) Zack is only obligated to make any necessary repairs that are brought to his attention in writing at the time the parties enter the lease.
(3) Joan is obligated to do the repairs if she wants them to be done, because she entered the lease aware of the condition of the premises.
(4) Zack is obliged by law to maintain the premises in a state of repair that complies with safety standards, irrespective of the condition of the premises at the time the lease was entered
4
A lease granted by a tenant for a term which is less than the whole of his remaining interest granted in the original lease is referred to as:
(1) an assignment.
(2) a tenancy by sufferance.
(3) a sub-lease.
(4) a tenancy at will.
3
A tenancy which automatically renews itself on the last day of the term for a further term of the same duration until terminated by either party with proper notice is called a:
(1) tenancy at will.
(2) tenancy at sufferance.
(3) periodic tenancy.
(4) term certain tenancy.
3
Which one of the following is NOT a required provision in a lease:
(1) the amount of rent and method of payment
(2) the commencement and term of the lease
(3) the signatures of the parties
(4) the previous address of the lessee
4
Which of the following is NOT an essential requirement of a lease?
(1) the name of the parties
(2) a description of the premises being leased
(3) the rent
(4) the addresses and occupations of the parties
4
Martha, who has been George’s landlord for the past three months, has seized George’s furniture from his rented premises and threatens to sell the furniture in order to pay George’s arrears of rent. Which one of the following statements is FALSE?
(1) Martha has chosen an illegal remedy against George if the rented premises is George’s personal residence.
(2) Martha has chosen a remedy called “distress” or “distraint”.
(3) Martha has chosen the most effective remedy against George if the rented premises is a warehouse.
(4) Martha has taken an action which can be described as a classic example of a private nuisance.
4
