Extract from lease: The tenant should record all preexisting damage on the preexisting damage list, because the tenant need not pay for preexisting damage recorded there. The tenant must pay for damage that was not recorded on the preexisting damage list, except for any damage caused by a circumstance beyond the tenant’s control.
In which one of the following instances does the extract from the lease most strongly support the view that the tenant is not required to pay for the damage?
(A) a hole in the wall that was not recorded on the preexisting damage list and that was the result of an event within the tenant’s control - incorrect - tenant needs to pay as the hole was not recorded on the preexisting damage list and the event was not caused by a circumstance beyond the tenant’s control.
(B) a crack in a window caused by a factor beyond the tenant’s control and not recorded on the preexisting damage list- Correct
(C) a tear in the linoleum that was not preexisting but that was caused by one of the tenant’s children - incorrect; tenant must pay for this
(D) a missing light fixture that was present when the tenant moved in but was later removed by the tenant - incorrect; tenant must pay for this
(E) paint splatters on the carpet that should have been recorded on the preexisting damage list but were not - - incorrect; tenant must pay for this as it was not recorded on the preexisting damage list
Answer B