Unit 15: Residential Landlord-Tenant Law (Quiz) with correct answers 100%

Unit 15: Residential Landlord-Tenant Law (Quiz) with correct answers 100% Pam rents an apartment to Tom. The property is leased for the period from March 1 through December 31. He has paid his rent on time and has not violated any provisions of the rental agreement. If she wishes to evict him at the beginning of August to get a higher-paying tenant into the property, what must she do? - Correct Answers Pam cannot evict him as long as the rent is paid and he violates no terms of the lease. As long as the lessee pays the rent and complies with other lease provisions, the lessor cannot evict the lessee, raise the rent, or change other terms of the tenancy during the lease. Page 471 Bob owns an apartment building in a city that has a rent control ordinance. The ordinance provides that when a unit becomes vacant, Bob must apply to the local Rent Control Board to increase the rent before re-renting the unit. The requirement that Bob obtain approval to increase the rent before re-renting the unit: - Correct Answers has been pre-empted since the adoption of the Costa-Hawkins Act. The Costa-Hawkins Rental Housing Act now has pre-empted vacancy control provisions of local rent control ordinances. Costa-Hawkins allows landlords to establish the initial rent for a unit or dwelling even if it is rent-controlled. So long as the same tenant stays in the unit, of course, the unit is subject to the rent control provisions for any increases in rent, but it will revert to market rate once the unit becomes vacant. Page 474 A tenant notified the landlord with a phone call and a follow-up letter that the water heater was not working properly. After two weeks of silence from the landlord, the tenant sent an email restating the problem with the water heater. Before repairing the water heater and deducting the cost of the repair from the next month's rent, the tenant should consult: - Correct Answers an attorney. After a reasonable time, if the landlord ignores the request or refuses to make the repair, the tenant may use one of the following remedies: repair and deduct, abandon the rental unit, or withhold rent. [C.C. §1942]. Before attempting to use any of these remedies, a tenant should obtain legal advice to determine the appropriateness of the remedy. Page 477 When does an owner have a right of entry onto the leased premises of a tenant? - Correct Answers If written notice is personally served on the tenant at least 24-hours prior to the entry. The lessor has a limited right to enter the rented premises to make necessary or agreed repairs or improvements. This requires 24-hours' written notice if the notice is personally served on the tenant, left with someone of suitable age, or posted on the property. Page 479 Which of the following is correct as to assignments of leases? - Correct Answers Under an assignment, a lessee gives up all rights to use or possess the rented- property in the future. A lessee who assigns all of his or her rights under a lease is known as an assignor and the person who takes over the property is the assignee. The original lessee's relationship with the property ends, and the assignee in effect "stands in the shoes" of the original lessee/assignor. Page 480 Default pertains to the nonperformance of a duty or obligation in the contract without a legal excuse. A rental agreement describes what constitutes default on the part of the tenant and the landlord's remedies for tenant's default. Which is a type of economic default? - Correct Answers Non-payment of rent or assessments when due. A tenant's default may be economic—failure to pay rent or assessments when due—or non-economic—improper use of the property, excessive number of people living in the unit, failure to follow the rules and regulations, or failure to adhere to the hours of operation. Page 481 John has been leasing Sally's rental unit for a year. The term of the lease expires on March 31. Neither John nor Sally has given notice to extend the lease. If John is still living there on April 3 and refuses to leave, Sally: - Correct Answers can remove him by filing an unlawful detainer lawsuit. At the expiration of the lease, if the tenant fails to vacate the rental unit, the owner can either commence eviction proceedings immediately or accept rent in what will thereafter be a month-to-month tenancy. Page 482 Pat has lived in a rental house with a month-to-month rental agreement for nearly two years. The landlord's nephew is moving to town so the landlord is going to ask Pat to move and let the nephew live in the house. How much advance notice must the landlord give Pat? - Correct Answers 60 days. The landlord must give a 60-day advance written notice if tenant has lived in the rental unit for a year or more. Page 483 Sam is the owner of a rental unit. Rent is customarily due on the first of the month. On October 4, Amanda, one of his tenants, has still not paid October's rent. What kind of notice should Sam give Amanda? - Correct Answers Three-day notice to pay rent or quit. If the tenant is in default of any provision of the agreement, especially failure to pay rent, the owner can give a special 3-day notice to quit. If the tenant has failed to pay rent, the notice is called a 3-day notice to pay rent or quit. Page 485 According to the Mobilehome Residency Law, which service cannot be charged to the residents by the mobilehome park? - Correct Answers Incidental charges for watering of landscaping. The MRL provides that a person who owns a mobilehome that is in a park cannot be charged a fee for anything other than rent, utilities, and incidental charges for services that are actually rendered to the owner of the unit. In addition, any such incidental charges must be listed in the rental agreement. Thus, even if services (e.g., watering of landscaping or trash removal) are actually rendered, the park cannot charge the resident for them if they are not listed in the re