San Diego Justicecorps Housing Law Quiz
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This test is administered at the beginning and at the conclusion of your JusticeCorps experience to evaluate your level of knowledge in the area of Housing / Landlord-Tenant Law.
Questions and Answers
- 1.
Legal documents filed against another individual with the Court must be typed.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
Legal documents filed against another individual with the Court do not necessarily have to be typed. They can also be handwritten as long as they are legible and meet the court's requirements. The court may have specific guidelines regarding the format and content of the documents, but they do not typically require them to be typed.Rate this question:
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- 2.
Unlawful Detainer is the legal terminology for eviction
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
Unlawful Detainer is indeed the legal terminology for eviction. It refers to the legal process through which a landlord can remove a tenant from a property due to various reasons such as non-payment of rent or violation of the lease agreement. This term is commonly used in the legal system to describe the legal proceedings involved in removing a tenant from a property.Rate this question:
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- 3.
A Tenant has the right to repair serious defects in the rental unit and deduct certain repair costs from up to the amount of one month's rent.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
A tenant has the right to repair serious defects in the rental unit and deduct certain repair costs from their rent, up to the amount of one month's rent. This means that if there are significant issues with the rental unit that need to be fixed, the tenant can arrange for the repairs to be done and then deduct the cost of those repairs from their monthly rent payment. This allows the tenant to ensure that the rental unit is in good condition and that necessary repairs are made without having to bear the full financial burden themselves.Rate this question:
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- 4.
If a Tenant has lived in a non-rent controlled rental unit for more than 1 year, s/he may receive 30 Day Notice to quit to terminate the tenancy.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
If a tenant has lived in a non-rent controlled rental unit for more than 1 year, they may receive a 30 Day Notice to quit to terminate the tenancy. This means that the landlord can legally give the tenant a notice stating that they have 30 days to move out of the rental unit. This is true because in many jurisdictions, landlords have the right to terminate a tenancy with a 30-day notice if the tenant has lived in the unit for more than a year and the unit is not subject to rent control regulations.Rate this question:
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- 5.
A Tenant not named on the eviction action and where no default has been entered against, can still file an Answer by completing the Claim of Right to Possession.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
A tenant who is not named on the eviction action and has not defaulted on any payments can still file an Answer by completing the Claim of Right to Possession. This means that even if the tenant is not directly involved in the eviction proceedings, they have the right to file a response to protect their rights and potentially contest the eviction. Therefore, the statement is true.Rate this question:
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- 6.
A Landlord can enter the rental unit without notice in cases of an emergency.
- A.
True
- B.
False
Correct Answer
A. TrueExplanation
In cases of an emergency, a landlord may enter the rental unit without giving prior notice. This is because emergencies require immediate action to protect the safety and well-being of the tenants or to prevent further damage to the property. Examples of emergencies could include a fire, a burst pipe, or a gas leak. In such situations, the landlord has the right to enter the rental unit without notice to address the emergency and ensure the necessary repairs or actions are taken.Rate this question:
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- 7.
A Tenant has 30 days to file an Answer to an eviction.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
A Tenant does not have 30 days to file an Answer to an eviction. The specific time frame for filing an Answer may vary depending on the jurisdiction and local laws governing evictions. It is important for tenants facing eviction to consult with legal counsel or seek advice from local housing authorities to determine the accurate timeline for filing an Answer in their specific situation.Rate this question:
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- 8.
Implied Warranty of Habitability means the rental unit must be in perfect condition.
- A.
True
- B.
False
Correct Answer
B. FalseExplanation
The statement is false. The Implied Warranty of Habitability does not mean that the rental unit must be in perfect condition. Instead, it means that the rental unit must meet certain basic standards of habitability, such as having proper heating, plumbing, and electricity, and being free from pests or hazardous conditions. It does not require the unit to be in perfect condition.Rate this question:
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- 9.
What is a landlord’s first step in formally evicting a tenant for failing to pay rent?
- A.
Make a police report
- B.
File a complaint with the local rent control or housing agency
- C.
Contact the Tenant’s employer
- D.
Give the Tenant a written notice asking the Tenant to pay rent or move out
Correct Answer
D. Give the Tenant a written notice asking the Tenant to pay rent or move outExplanation
The correct answer is to give the tenant a written notice asking them to pay rent or move out. This is the first step in formally evicting a tenant for failing to pay rent. The landlord must provide a written notice to the tenant, usually called a "pay or quit" notice, which gives the tenant a specific amount of time to pay the overdue rent or vacate the premises. This notice is a legal requirement and serves as a formal warning to the tenant that eviction proceedings may be initiated if they do not comply.Rate this question:
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- 10.
In the State of California, what must the Notice to Pay Rent or Quit have on its face to make it valid?
- A.
The number of days to pay
- B.
The amount of the rent to pay
- C.
The name of the person to pay rent to
- D.
The address of the person to pay rent to
- E.
All of the above
Correct Answer
E. All of the aboveExplanation
The Notice to Pay Rent or Quit in the State of California must have the number of days to pay, the amount of the rent to pay, the name of the person to pay rent to, and the address of the person to pay rent to on its face to make it valid.Rate this question:
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- 11.
In an Unlawful Detainer case, what are the correct terms used to identify the parties of the case?
- A.
Petitioner and Respondent
- B.
Plaintiff and Defendant
- C.
Owner and Tenant
- D.
All of the above
- E.
None of the above
Correct Answer
B. Plaintiff and DefendantExplanation
In an Unlawful Detainer case, the correct terms used to identify the parties of the case are Plaintiff and Defendant. The Plaintiff is the party who initiates the legal action and the Defendant is the party who is being sued or accused of unlawful detainer. The terms Petitioner and Respondent are not commonly used in this context, and Owner and Tenant may not accurately describe the specific legal relationship between the parties in an unlawful detainer case. Therefore, the correct answer is Plaintiff and Defendant.Rate this question:
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- 12.
How many days does a Tenant have to file a response to an eviction lawsuit?
- A.
3
- B.
5
- C.
10
- D.
30
Correct Answer
B. 5Explanation
A tenant has 5 days to file a response to an eviction lawsuit. This means that once they receive notice of the lawsuit, they must submit their response within 5 days. Failing to do so may result in a default judgment being entered against the tenant, potentially leading to eviction. It is important for tenants to act promptly and seek legal advice if they receive an eviction lawsuit to protect their rights and present their defense.Rate this question:
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- 13.
What can a Tenant do if he/she cannot afford to pay the Court fees to defend an eviction case?
- A.
Write a letter to the presiding judge explaining his/her finances
- B.
Fill out a Court form asking the Court to waive the fees
- C.
Borrow the court fees or move
- D.
File Bankruptcy
Correct Answer
B. Fill out a Court form asking the Court to waive the feesExplanation
If a tenant cannot afford to pay the court fees to defend an eviction case, they can fill out a court form asking the court to waive the fees. This option allows the tenant to request that the court waive the fees due to their financial situation. By filling out the form, the tenant can explain their inability to pay and provide any necessary supporting documentation. This can potentially alleviate the financial burden and allow the tenant to proceed with defending the eviction case without having to pay the court fees.Rate this question:
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- 14.
If a Tenant loses his/her case, what type of notice will the Sheriff post on the Tenant's door?
- A.
3 Day Notice to Vacate
- B.
5 Day Notice to Vacate
- C.
10 Day Notice to Vacate
- D.
Sheriff has no obligation to a notice on the Tenant’s door.
Correct Answer
B. 5 Day Notice to VacateExplanation
If a tenant loses his/her case, the Sheriff will post a 5 Day Notice to Vacate on the tenant's door. This notice informs the tenant that they have 5 days to vacate the premises.Rate this question:
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Current Version
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May 22, 2023Quiz Edited by
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Sep 07, 2010Quiz Created by
Dsiskind
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