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Pvl3701 Law of Property Latest Exam Pack November 2023
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Pvl3701 Law of Property Latest Exam Pack November 2023On May 29th, Tenant signed a lease to rent an apartment from Landlord with the term commencing on
June 1, and Landlord gave Tenant the key to the apartment. When Tenant showed up with her
belongings, ready to move in on June 1, she found X living in the apartment. X admitted that he was
"technically homeless," but that he had broken in and has been living in the vacant apartment for one
week. When Tenant asked him to leave, X told her that he'd rather not, because the apartment had two
bedrooms and she should "share the wealth with people less fortunate." What legal rights does Tenant
haave with respect to X's occupancy of the apartment?
1. In a majority of states, Landlord will be liable to Tenant for X's presence in the apartment.
2. In a majority of states, Landlord will not be liable to Tenant for X's presence in the apartment
because X lacks privity with Landlord.
3. In a majority of states, X can only be re - (answers)1. In a majority of states, Landlord will be liable to
Tenant for X's presence in the apartment.
Tenant rented apartment unit 2D from Landlord. There are 10 units on each of 5 floors in the building,
all owned by Landlord. On October 1st, a new occupant moved into unit 3D, immediately above Tenant.
Apparently this occupant is a professional dancer and practices dancing at home during the evening
hours. Sometimes the dance practice sessions are not tremendously intrusive, but at least ten hours a
week, Tenant's upstairs neighbor practices tap-dancing, which creates a tremendous racket in Tenant's
apartment. The noise has been so awful that Tenant is unable to enjoy being at home during those
times. When the tap-dancing starts, Tenant immediately vacates his unit. He usually stays away for a
couple hours, either at a friends' house, the library, or a local eatery. After the very first instance of tap-
dancing, Tenant complained in writing to Landlord, but Landlord has done nothing to address the
situation. It is no - (answers)4. No. Tenant does not have a valid cause of action against for constructive
eviction against Landlord under these facts.
Tenant signed an agreement to lease an apartment in Landlord's multi-family building "from year to
year, commencing with January 1, 2010." On November 1, 2015, Landlord informs Tenant in writing that
the lease will terminate on December 31, 2015 because Landlord will be converting the building to a
condominium. When, if at all, will Tenant's lease terminate?
1. Tenant's lease will terminate on December 31, 2015 because Landlord has notified tenant of the
termination in writing with adequate notice.
,2. Tenant's lease will terminate on March 31, 2016 because year-to-year tenants are guaranteed six
months' notice of termination.
3. Tenant's lease will terminate on December 31, 2016 because the lease will automatically renew for a
year on January 1, 2016.
4. Tenant's lease will not terminate based on this notice because a landlord may not terminate periodic
tenancies in order to convert a building into a condominium - (answers)3. Tenant's lease will terminate
on December 31, 2016 because the lease will automatically renew for a year on January 1, 2016.
Tenant signed a lease with Landlord for a one-year term, ending on August 31. The lease provided for
monthly rental payments of $500. On September 1, without vacating the premises, Tenant sent
Landlord a check for $500. Landlord cashed the check. On September 15th, Landlord informed the
Tenant that the premises had been rented to another party and that Tenant must vacate by September
30 or face eviction. Assuming Tenant will not voluntarily leave, when is the earliest that Landlord will be
able to remove Tenant from the premises?
1. Immediately, because Tenant has a tenancy at sufferance and Landlord has indicated that he wishes
to reclaim possession.
2. September 30, because Tenant has a tenancy at sufferance and Landlord has indicated that he wishes
to reclaim possession.
3. September 30, because Tenant has a month-to-month periodic tenancy and Landlord has indicated
that he wishes to terminate.
4. October 31, - (answers)4. October 31, because Tenant has a month-to-month periodic tenancy and
Landlord has indicated that he wishes to terminate.
Tenant lived in apartment 2C in one of Landlord's mixed-use buildings. When Tenant moved in, the
commercial space immediately below her was vacant, although the other portions of the first floor
contained a wine store and a bank. Two weeks after Tenant moved in, a new commercial tenant moved
into the vacant space on the first floor. The new tenant soon opened a "Smoking Lounge" in its
commercial space below Tenant's apartment. This lounge is a private club that sells and permits on-site
consumption of various tobacco products, including cigarettes, pipes and cigars. It operates from 6pm
until midnight every night of the week. Tenant suffers from asthma, and the tobacco smoke seeping
from her downstairs neighbor's space triggered more frequent attacks over the following few weeks.
After leaving several voicemails for Landlord, with no response, Tenant packed up and moved out of the
apartment. One month later, Landlord - (answers)2. Yes, because the smoke constituted constructive
eviction, which breached the covenant of quiet enjoyment.
S tells her sister, T, that she may live in her home for "as long as you like" if she pays $300 a month in
rent to S. S and T sign a form lease that S finds on the internet, and in the blank labeled
,"commencement date," S wrote "September 1, 2012." In the blank labeled "expiration date," S wrote
"T's choice." What interest does T have in the property?
1. T has a license, not a lease.
2. T has a life estate, not a lease.
3. T has a month-to-month lease.
4. T has a perpetual lease.
5. T has a term of years. - (answers)3. T has a month-to-month lease.
E and F orally agreed that F will rent "one of the rooms in E's house" for "fair market rent" for a period
of "six months commencing January 1." Why would this lease be invalid or unenforceable?
1. This oral lease is invalid because it fails to describe the premises.
2. This oral lease is invalid because it fails to set rent.
3. This oral lease is unenforceable because of the Statute of Frauds.
4. Both A and B.
5. All of the above. - (answers)4. Both A and B.
L agrees to rent an apartment to T for "as long as T wishes to stay," and T agrees to pay rent to L in a
stated amount on the first of each month. After just two months, L notifies T, on March 31st, that T will
have to move out by May 1st. Must T comply with L's request and vacate by May 1st?
1. Yes, because L remains the landowner and the landlord always has the right to exclude.
2. Yes, because this is a tenancy at will and L has given sufficient notice.
3. No, because this is a periodic lease and L has given insufficient notice.
4. No, because T was the only party who had the right to terminate the lease. L had no such right. -
(answers)2. Yes, because this is a tenancy at will and L has given sufficient notice.
On January 1, 2000, L and T enter into a written agreement that provides for T to rent L's warehouse
"for 99 years, provided that should Boyack Memorial Hospital be permanently closed prior to the
expiration of the stated term, this lease shall terminate on the last day of the following month." The
agreement provides for payment of rent annually, on January 1st of each calendar year. Boyack
, Memorial Hospital closes on October 15, 2016. T does not vacate the premises but remains in
possession thereafter. On December 1, 2016, what is T's interest in the property?
1. T is a tenant at sufferance (a holdover tenant) because the lease terminated November 30, 2016.
2. T is a tenant in a term of years lease until December 31, 2098.
3. T has a year-to-year tenancy that will terminate December 31, 2017.
4. T never was a tenant, only a licensee, and the license may have ended by its terms. - (answers)1. T is
a tenant at sufferance (a holdover tenant) because the lease terminated November 30, 2016.
Q owns two adjoining lots and leases one of them to R and one of them to S. S hires a contractor to
build a wall along the property line, but the contractor mistakenly sites the wall one inch over the
boundary, onto the property leased by R. May R legally withhold rental payments to Q while this wall
stands?
1. Yes, because there has been actual eviction and a trespass is a trespass no matter how small.
2. Maybe, but only if Q gave permission to S to build the wall.
3. Maybe, but only if S should have known that the wall encroached onto R's leased property.
4. No, because there was no intent to trespass.
5. No, because landlords are not responsible for trespasses by other people. - (answers)2. Maybe, but
only if Q gave permission to S to build the wall.
Tenant entered into a one-year lease of Landlord's apartment commencing September 1. Several
months later, Tenant accepted a summer job in another city starting at the end of May, so she asked
Friend if she would move in on June 1st and pay rent for the months of June, July, and August. Friend
agreed. The lease had a provision that "tenant shall not sublet without landlord's consent, given or
withheld in landlord's sole discretion." Tenant did not talk to Landlord about Friend moving in, and when
Friend sent Landlord rent on June 1st, Landlord returned the rent to Friend and told her that she would
have to move out. He then sent Tenant a letter stating that she had breached the lease. Has Tenant
breached the lease?
1. Yes, because Tenant has violated an express lease provision.
2. Yes, unless Landlord's failure to approve Friend's residency was unreasonable.
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