Question

27. Marc has not paid the rent due under his apartment lease for several months and refuses to comply with the “no pets” restriction in his lease. Which of the following is correct about the landlord?

a. In most states, the landlord may use self-help to physically remove Marc from his apartment

b. The landlord may make the apartment undesirable to encourage Marc to leave

c. The landlord may bring an unlawful detainer action

d. The landlord may bring an action based on “quiet enjoyment”

28. A lease that provides for a base rent plus a percentage of expenses is a:

a. Flat lease

b. Net lease

c. Step lease

d. Percentage lease

29. An ad for El Gordo Shaving Cream shows the famous model Melanie with her face all lathered up. The caption on the picture says “Tender skin deserves protection.” Is this an endorsement?

a. Yes, because it implies that Melanie believes the shaving cream will protect a shaver’s skin.

b. No, because it is not a direct quote from Melanie.

c. No, because a consumer is not likely to believe that Melanie is endorsing shaving cream.

d. Yes, unless there is a disclaimer saying she is not endorsing the shaving cream.

Answer 1

27 C. The landlord may bring an unlawful detainer action

That tenant is not complying with the agreement which was mentioned in the lease. The landlord has the right to evict the room by bringing an unlawful detaining action. In the USA many states do not allow the landlord to take strict action on their own (for example using self-help or stop maintaining the property) so that the tenant is encouraged to leave the property.

28 B. Net lease

No other options mentioned include the percentage of expenses. Generally, the net lease is used in commercial real estate. Here tenants pay additional expenses such as property taxes, insurance fees, etc. In percent lease, there is a base rent plus the percentage of the gross sale. This is used in the retail store else. So net lease is the correct option.

29 C. No, because the consumer is not likely to believe that Melanie is endorsing shaving cream.

The action of the company will not lead the customers to believe that Melanie is using this shaving cream brand. The statement is not considered the endorsement if the customers are not believing it.