Monies held by the landlord to offset any damages to the leased premises when the tenant departs is a:
a. Pet fee
b. Security deposit
c. Waiver
d. Requirement in all leases
Q. 2The defendant's privilege to invade the chattels or land of another for a private necessity requires:
a. Defendant's conduct must be reasonable.
b. Defendant's conduct is necessary to protect any person from death or serious bodily harm.
c. Both a. & b.
d. Defendants' conduct may be reasonable or unreasonable.
Q. 3A forced sale is a remedy for:
a. Dispossession.
b. Conversion.
c. Intermeddling.
d. None of the above.
Q. 4Other than paying rent, a tenant's duties generally include all the following EXCEPT:
a. Keeping the rental premises in a clean and safe condition
b. Prohibiting guests on the rental premises
c. Not deliberately or negligently destroying or damaging the rental premises
d. Notifying the landlord of any required repairs or maintenance
Q. 5Waiver of the warranty of habitability by a landlord and tenant in their rental agreement usually:
a. Promotes the general welfare
b. Promotes the tenant's interests
c. Violates public policy
d. Results in a higher rental payment by the tenant
Q. 6A chattel is:
a. Another form of real property.
b. A promissory note.
c. Another word for chatter..
d. Tangible personal property.
Q. 7Mike pulls his motor vehicle into Mary's driveway to visit her. Upon leaving, Mike notices John has parked his expensive Harley-Davidson motorcycle directly behind Mike's vehicle. He kicks up the kickstand and proceeds to move it out of the way. In doing so, it tips and hits the concrete causing some paint damage. The likely result is:
a. Mike's action constitutes a trespass to land.
b. Mike's action constitutes a dispossession of John's motorcycle.
c. Mike's action constitutes an intermeddling with John's motorcycle.
d. None of the above.
Q. 8One basic difference between nuisance and trespass is:
a. Nuisance can be based on breach of contract whereas trespass cannot be so based.
b. For nuisance the harm must be substantial and unreasonable whereas for trespass the harm may be slight.
c. Both nuisance and trespass require that damages cannot be allowed unless they are proven and trespass damages are limited but nuisance damages are not.
d. A claim for nuisance is more serious than trespass because ownership interests can be acquired with nuisance.
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