Deck 28: Real Property and Landlord Tenant Law

Question 1

Owners in a joint tenancy with the right of survivorship cannot transfer their interest during their lifetime.

Answer 1

False

Question 2

A user's presence must be visible and generally known in the area, so that the owner is on notice that his title is contested.

Answer 2

True

Question 3

What is an abatement?

A)the power of the government to take private property for public use
B)an order requiring a homeowner to eliminate a nuisance
C)a process under which the original tenant transfers all of his rights and duties to a new tenant
D)the duty to keep losses at a minimum

Answer 3

B

Question 4

Professor McDonald owns the following property. Which of these is NOT real property?

A)Professor McDonald's restored Victorian-era house
B)the grove of peach trees on Professor McDonald's property
C)custom-made bookshelves fitted into the library of Professor McDonald's home
D)the books that line Professor McDonald's bookshelves

Question 5

When Latosha rented an apartment, she didn't know that the neighborhood had a high crime rate. When she was burglarized, she sued the landlord. Which of the following is most likely true?

A)Neither Latosha nor the landlord are accountable since the crime was not foreseeable.
B)Latosha could have prevented the crime and is therefore accountable.
C)Since there is a high crime rate in the neighborhood, the courts are likely to hold the landlord responsible.
D)Landlords cannot be held accountable for criminal attacks that occur on the premises.

Question 6

The landlord's duty to provide quiet enjoyment of the premises and the landlord's duty to deliver and maintain the premises in a habitable condition are one and the same.

Question 7

If the court awards a partition to co-tenants, the court will normally attempt a partition by kind. If partition by kind is impossible because there is no fair way to divide the property, the court will order the real estate sold and the proceeds equally divided.

Question 8

Daisy's Donuts rents retail space in the Crestwood Mall beginning January 1, 2018, and ending December 31, 2025. This is an example of a

A)tenancy at sufferance.
B)tenancy at will.
C)periodic tenancy.
D)tenancy for years.

Question 9

Patrick owns an office building and leases space on a year-to-year basis. Patrick maintains a reversionary interest on the property.

Question 10

The landlord's first important duty to a tenant is to

A)deliver possession.
B)maintain premises.
C)pay the security deposit.
D)provide eminent domain.

Question 11

Tom rented an apartment from Margaret on a month-to-month basis, with rent due on the first of the month. This type of tenancy is known as a "tenancy at will."

Question 12

In many states today, a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm.

Question 13

Gerard owned an apartment building that was fully leased. He sold it to Thomas. What happens to the leases of the building's tenants?

A)The leases remain valid through the end of their terms.
B)Thomas can revise the leases and raise the rent if he chooses.
C)Gerard continues to receive rent payments through the terms of the leases.
D)Thomas may choose to evict the tenants and sell the apartments as condos.

Question 14

Ginny sublet her apartment to Fred by assigning her lease to him. If Fred doesn't pay rent, who is liable to do so?

A)Since Fred accepted the assignment of the lease, he is responsible and the landlord must collect from him.
B)Since Ginny is the original tenant, she is liable and the landlord must collect the rent from her.
C)Ginny is responsible because it is not legal to assign a lease to another person.
D)Ginny and Fred are both liable, and the landlord may sue both parties to recover the unpaid rent.

Question 15

Mrs. Larkin rents an apartment to a couple who argue continually, disturbing other tenants. Without going through the lawful eviction procedure in court, one day she waits until the couple is out of town and changes all the locks. What has occurred?

A)a constructive eviction
B)an actual eviction
C)an easement
D)a variance

Question 16

If a tenant leaves a toy car on the stairs of his apartment and a guest trips over it and is injured, who is most likely liable?

A)the tenant
B)the guest
C)the landlord
D)no one because it was an accident

Question 17

In a condemnation, a court order specifies what compensation is just for the property owner and awards title to the government.

Question 18

Landlords have the right, and may have a duty, to evict tenants who seriously disturb others.

Question 19

The Solomans own a cabin on the south side of Mount Henry. The Solomans told Bennie and Claudia they could live in the cabin and use it as they wished until the Solomans wanted to use it again. Twelve years later, the Solomans informed Bennie and Claudia that they were going to spend the summer at the cabin and that Bennie and Claudia would have to make other arrangements for the summer. Bennie and Claudia claimed that they had acquired title by adverse possession, because they had occupied the property for the period of time required for adverse possession under state law (10 years in that state). Are Bennie and Claudia correct?

A)Yes, Bennie and Claudia were living on the property with exclusive, open possession for a continuous period of time for the required 10 years.
B)Yes, Bennie and Claudia had the Solomans' permission, therefore the possession was not illegal.
C)No, Bennie and Claudia's possession was with the Solomans' permission, and therefore the claim was not adverse to the Solomans.
D)No, there was no warranty deed transferred to Bennie and Claudia.

Question 20

Landlord-tenant relationships are governed by a mixture of property law, contract law, and negligence law.

Question 21

The city of Richmond needs land owned by the Neelans to expand a middle school. The Neelans do not want to sell. Discuss what course of action the city can take and the basis for this action.

Question 22

A tenant's foremost obligation is

A)to maintain the premises.
B)to pay rent.
C)to follow the landlord's rules.
D)to move out at the end of the lease.

Question 23

Sandra and Joe own a hobby farm as tenants in common. They also own a vacation home as joint tenants. What is the difference between the tenancy in common and joint tenancy?

Question 24

The Rameys are selling their home. They did not set forth in the sales agreement whether the washer and dryer, the draperies, and a cherry corner cabinet that was in the dining room were to be included in the sale or whether they were planning to take these items with them. The buyers are claiming these items are fixtures and should stay with the house. The Rameys are claiming they are movable goods and they should not be part of the real estate that was sold. Define "fixtures," identify the tests used to determine whether an item is a fixture, and explain whether you think each of the contested items is a fixture and why or why not.

Question 25

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.