Exam 30: Real Property and Landlord and Tenant Law

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Unsafe electrical wiring in a building would amount to a breach of warranty of habitability.

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True

Tom dies, and in his will, he names Pinson as the personal representative of his estate. Pinson decides to sell Tom's house to Sally. Pinson could transfer title to Sally by means of:

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D

Historically, in tenancy by the entirety:

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B

In the event of a wrongful eviction, the tenant is not justified in abandoning the premises without paying rent.

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An assignment of a lease occurs when the interest in the leased premises is transferred by the lessee to another person for a part of the term, but not for the remainder of it.

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Robert is interested in leasing Bill's property. Robert must include all of the following essentials into the lease agreement, except a definite:

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Melinda digs a hole next to Susan's building and Susan's building foundation cracks. Generally, Melinda would not be liable for damages.

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Mr. Zolotas told his landlord that he wanted to make some improvements to the house he was renting from her. He installed recessed ceiling lights and had bookshelves custom made to attach to and fit beneath the main staircase. When Zolotas moved out, he removed the shelves and the ceiling lights. Did he have a legal right to do so? Why or why not?

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Laura has a tenancy at will apartment rental agreement with Management Apartments. When Management sells the apartment complex where Laura lives, what is the legal status of Laura's apartment rental agreement?

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Edward Philips signs a deed allowing the utility company to suspend power lines over his land. A utility company's right to use Edward's land for suspending power lines is called a(n):

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Uta, Piper, and Hoku own 1,000 acres of land as tenants in common. Part of the land borders an interstate highway, another part borders a farm-to-market road, and part is scarred with deep erosion and gullies. The three want to divide the land into separate parcels for each of them, but cannot agree. Discuss how a court will resolve the problem.

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In a tenancy in common, the tenants:

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Some states authorize landlords to use force to evict tenants.

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When two or more persons own real property as tenants in common, each person owns an undivided share of the whole property.

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Notwithstanding the written lease agreement, state and local laws have the right to restrict or expand the respective rights and duties of the landlord and the tenant.

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Jackson sells his farmland. A dispute has arisen about whether or not the following items are included in the sale. The contract is silent concerning the following items: a growing cotton crop, a tractor, an irrigation pump that can be unbolted by disconnecting two pipes, and a tool shed that sits upon concrete blocks on top of the ground. Discuss each of these and decide if they are included in the sale of the farmland.

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An easement that Charleen enjoys across her neighbor, Hank's land:

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When vacating, the tenant must turn over to the landlord all trade fixtures.

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A bargain-and-sale deed is one that transfers all warranties of title to property.

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Tom owns land on one side and Tammy owns land on the other side of a navigable stream. Both own to the middle of the stream.

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