Lease Dispute Resolution Guide

T signed a lease to rent an apartment from L on a week-to-week basis with the tenancy beginning on Monday, January *. After * weeks, she decided to move back in with her mother. She paid the rent on Monday, February * for the next week. She told L on Friday, March *, that she would be moving out over the weekend and quitting the lease. She handed L a written note to that effect. L replied that she would need to pay for the next week until Sunday, March *, as well. In the absence of any statutory authority on the issue, which of the following is true? (A) T owes L rent for the entire next week, until Sunday, March *. (B) T owes L rent for part of the next week, until Friday, March *. (C) T owes L no additional rent; she is paid up through this week and gave L adequate notice. (D) T owes L no additional rent, because the lease failed to specify the notice required.

Which of the following is not a potential violation of the federal Fair Housing Act or the Civil Rights Act of *? (A) The landlord of a large apartment complex refuses to rent an apartment to A because she has two young children who might disturb the other residents. (B) The landlord of a large apartment complex refuses to rent an apartment to B because he is a lawyer. (C) Green advertises in local newspaper: “For rent, furnished apartment in private white home.” (D) The owner of a duplex refuses to allow her tenant, X, who is confined to a wheelchair, to build a ramp leading to the porch, even though X promises to restore the premises to their original condition after the lease terminates.

L leased Blackacre to T for a period of ten years from January *, *, to December *, *, for $*,* per month. In *, T entered into an agreement with F to transfer this leasehold to her for the rest of the rental term. F agreed to take over all the responsibilities of the lease and agreed to pay the $*,* monthly rent directly to L. L approved of the agreement but did not join in the contract. Two years later, in *, F transferred the remaining term to S. Again, L approved the arrangement and S agreed to take over all of the responsibilities of the lease and to pay the $*,* monthly rent directly to L. A year later, in *, S stopped paying rent and L wants to bring suit for the rent owed. Which of these three parties may she bring suit against? (A) T and S (B) T, F, and S (C) S only (D) T only

T was deployed to Afghanistan and decided to give up his apartment but needed a place to store his prized Corvette while he was away. L wrote to T offering to lease him her garage at a rent of $* per month “for the duration of your deployment. Signed, L Landlord.” T called L immediately and accepted the offer. After the first year, T's unit was deemed to be crucial to an ongoing operation and his deployment was extended by another twelve months. L is not happy because she now plans to sell the house and wants to terminate T's lease and get the car out of the garage. T refuses, saying that he can't deal with it from a war zone. If L tries to terminate the lease, which of the following will be T's biggest problem in holding her to it? (A) A court may interpret the lease as a tenancy at will. (B) A court may interpret the lease as a term of years. (C) A lease is automatically terminated upon sale of the underlying fee simple. (D) The Statute of Frauds will make the lease unenforceable.

The lock on the front door of Hannah’s children’s clothing boutique has not worked properly since she rented the premises thirteen (*) years ago. She informed the landlord of broken lock back during the first year of her lease, but he told her, “It’s no big deal. Feel free to fix it yourself.” Hannah is frustrated with the landlord’s casual attitude and has decided to vacate the premises this month. If she vacates this month, will she owe any further rent? (A) Yes, because the landlord has not breached any of his duties or obligations. (B) Yes, because the landlord has breached the covenant of quiet enjoyment. (C) No, because in an action for unpaid rent, she can invoke the defense of constructive eviction due to the broken lock. (D) No, because the landlord has breached the implied warranty of habitability.

Kaya leases a loft apartment in downtown Arcadia City to law student Cliff for a term of three years at a monthly rent of $*,*. One year later, after he receives a clerkship out-of-state, Cliff “subleases, transfers, and assigns” the property to his classmate Thomas for “a period of one year from today’s date.” Thereafter, neither Thomas nor Cliff pays rent to Kaya. Does Kaya have any rights against Cliff? (A) Yes, Kaya has rights against Cliff because the transfer to Thomas is an assignment, and Thomas has not paid rent. (B) Yes, Kaya has rights against Cliff because the transfer to Thomas is a sublease, and Thomas has not paid rent. (C) No, Kaya does not have rights against Cliff because the transfer to Thomas is an assignment, and Thomas is liable to Kaya for the full rent. (D) No, Kaya does not have rights against Cliff because the transfer to Thomas is a sublease, and Thomas is liable to Kaya for the full rent.

Siblings Landon and Mica inherited their mother's small real estate business in Arcadia City. The siblings’ portfolio includes four single family homes and two apartments that are often rented as vacation rentals. In an attempt to get one of the houses rented, Landon posted on social media, stating: "Single family home for rent to singles or childless couples." You are counsel in the Office of the Attorney General, and you notice the post while scrolling through your own feed. Does the post violate federal fair housing law? (A) Yes, because the Civil Rights Act of * prohibits discriminatory advertising. (B) Yes, because the Fair Housing Act prohibits posts of this type. (C) No, because the Civil Rights Act is inapplicable to housing. (D) No, because of legislative exemptions to federal fair housing laws in the U.S.

Delia rents an apartment in a building owned by Desmond. After moving in, Delia noticed that water leaks into the apartment from the roof whenever it rains, causing damage to the wall plaster and paint. Delia notified Desmond that the apartment has a leak and possibly mold, but he has taken no action. Eight months have passed since Delia moved in. If she pays to fix the leak and any resulting damage, can she stop paying rent on the apartment? (A) Yes, Delia can cease rent payments because the landlord’s failure to act has breached the implied warranty of habitability. (B) Yes, Delia can cease rent payments because the landlord’s failure to act is a constructive eviction. (C) No, Delia cannot cease rent payments because her remedies are limited to the amount spent on repairs. (D) No, Delia cannot cease rent payments because the landlord’s conduct has not breached any duties owed to her as a tenant.

Lucky the Landlord and Tessa the Tenant enter a month-to-month lease on November *, * that specifies a rent of $*,* per month. Tessa has always paid her rent on time and in full, but now she is considering moving home with her parents in order to save money. As of today’s date (December 15th), the earliest date after which Tessa will no longer be responsible for rent would be: (A) December *. (B) January *. (C) January *. (D) February *.

]\Defendant rented a home from Plaintiff under a one-year lease agreement that specifically prohibited Defendant from assigning the lease without Plaintiff’s written consent. A few months later, Defendant moved, but instead of giving up his lease with Plaintiff, Defendant continued to pay the rent due under his lease and sublet the property to Jack. Defendant did not get Plaintiff’s written consent to the sublease. If Plaintiff brings an action against Defendant, how should the court rule? (A) For Plaintiff because Jack has no rightful interest in the property. (B) For Plaintiff because it would be unfair to allow Defendant to profit from his wrongdoing. (C) For Defendant because a leasehold is an estate, and as such, generally transferable to third parties. (D) For Defendant because requiring Landlord’s permission to assign the lease constitutes an impermissible restraint on alienation.