Case Analysis

Read the case below, and answer the questions that follow.

Elyse and John sign a one-year lease for an apartment with Guy Barcelona Realty (GBR) in Tampa, Florida. The lease begins July 20, 2018 and ends in July 20, 2019. They split the rent, which is $1500 per month.

On August 3, a pipe cracks underneath the sink and creates a puddle. Elyse and John must keep towels next to the pipe at all times to prevent flooding. A change of towels is required every four hours or so. Elyse calls GBR immediately to repair the problem, but a week later, GBR is still dragging its feet. Elyse calls a plumber herself, pays the plumber the $150 he charges for the fix, and deducts that $150 from September's rent.

John walks out on Elyse nine months into the lease, leaving Elyse with the apartment. John is nowhere to be found.

In April 2019, Elyse signals to GBR that she will not renew her lease at the end of the term because the rent is too high to pay single-payer. GBR then begins showing the house to potential future tenants. This continues through May and June. GBR agents usually show the house between 7:00 pm and 10:00 pm, and in the early mornings on Saturdays and Sundays. They call Elyse about one hour in advance.

GBR finally locks down a new tenant, but the new tenant, whose name is Brian, wants to move in on July 1, before Elyse's lease will expire. GBR therefore signs a lease with Brian that is set to run from July 1, 2019 to July 1, 2020.

Questions:

1) Which of the following is true regarding Elyse and John's piping problem?

A) The house complied with the implied warranty of habitability.

B) Elyse had the right to hire her own plumber and deduct his fee from the rent.

C) It was Elyse's responsibility to repair the pipe.

D) Elyse becomes the owner of the property if the problem is not fixed after six months.

E) It was unlawful for Elyse to deduct the plumber's fee from her rent.

2) Elyse sends in her first post-John rent check, and it is for $750. Which of the following is not a true statement?

A) GBR may sue John for the remaining $750.

B) GBR may sue Elyse for the remaining $750.

C) John is still a tenant.

D) Elyse is still a tenant.

E) If GBR does not sue John for his half of the rent, it will have implicitly reduced the monthly amount due by half.

3) GBR wants to evict Elyse for getting a month behind on the rent. Which of the following may GBR do?

A) Switch out the locks while she is at the store, so that she cannot get back in.

B) Use whatever degree of physical force is necessary to remove her from the apartment.

C) Immediately enter the premises and sell Elyse's personal property to pay the rent.

D) Nothing but negotiate.

E) Sue.

4) Rodney, a college student, sublets his rental apartment to Tucker over the summer. Where does Tucker send the rent?

A) Rodney's mom.

B) Either Rodney or Rodney's landlord.

C) Rodney.

D) Rodney's landlord.

E) Half to Rodney's landlord and half to Rodney.

5) Sum up the duty not to commit waste.

A) The duty not to become drunk before the lease has expired.

B) The duty not to waste one's time while on the premises.

C) The duty not to spend money that could pay for rent on other things instead.

D) The duty not to leave garbage on the property.

E) The duty of upkeep.

6) What is a periodic tenancy?

A) It is an illusory tenancy.

B) It is an "off and on" tenancy agreement.

C) It is a tenancy for life.

D) It is a tenancy whose length corresponds to the rent schedule.

E) It is a time share.

7) The landlord is entitled to withhold security deposits subject to which of the following rules?

A) The security deposit must not exceed $25.

B) The landlord may keep all of the security deposit at their own discretion.

C) The landlord may not use the deposit to fix ordinary wear and tear.

D) The tenant must provide written documentation of why the deposit should be refunded.

E) The security deposit must not be used to recover unpaid rent.

8) Define assignment ?

A) Synonym for sublease.

B) It is the penalty for violating the lease conditions.

C) The landlord's obligation to keep the property habitable.

D) It is the relationship between landlord and tenant.

E) It is the transfer of remaining rights to a new party by a tenant or landlord.

9) Who receives the rent in a sublease agreement?

A) 50/50 split between sublessor and landlord.

B) The state.

C) The sublessor's landlord.

D) Either the sublessor or the sublessor's landlord.

E) The sublessor.

10) Give an example of a term that has legal value, assuming we contract today.

A) The duty of upkeep.

B) The duty not to become drunk before the lease has expired.

C) The duty not to spend money that could pay for rent on other things instead.

D) The duty not to waste one's time while on the premises.

E) The duty not to leave garbage on the property.