Question 1

The government cannot take private property for public use.

Accepted Answer

This statement is incorrect. The government can take private property for public use through a process called eminent domain, but they must provide just compensation to the property owner.

Question 2

A quitclaim deed offers the most protection against defects in the title.

Accepted Answer

A quitclaim deed does not offer any guarantees or warranties regarding the title, and only transfers whatever interest the grantor may or may not have. This means that there is no protection against defects in the title. A warranty deed, on the other hand, offers the most protection against defects in the title as the grantor makes warranties and guarantees the title.

Question 3

A landlord must comply with state statutes and city ordinances regarding maintenance and repair of buildings.

Accepted Answer

Landlords are required to follow state and city laws regarding the maintenance and repair of their buildings. Failure to comply can result in legal action by tenants and government agencies.

Question 4

Most states' laws require tenants to continue to pay rent even if the leased premises are destroyed.

Accepted Answer

The answer of Most states' laws require tenants to continue...

Question 5

Except for ordinary wear and tear,a tenant is responsible for all damage that he or she causes,intentionally or negligently.

Accepted Answer

The lease agreement generally requires tenants to be responsible for any damages they cause to the rented property, whether intentional or due to negligence, beyond normal wear and tear.

Question 6

A tenant can withhold rent for any reason.

Accepted Answer

A tenant cannot withhold rent for any reason. Rent can only be withheld if there is a breach of the lease agreement by the landlord, such as failure to make necessary repairs.

Question 7

Barlow owns the surface rights for Canyon Ranch,but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house,a bunkhouse,and two barns,which are damaged when Dusty is excavating for minerals under the surface. Most likely liable for the damage is

Accepted Answer

Dusty is liable for the damage as the one who owns the subsurface rights and was excavating for minerals. Barlow, as the owner of the surface rights, may have a claim for damages against Dusty for the harm caused to the property.

Question 8

Chita owns the land on which Downwind Farm is situated,plus the farmhouse,barn,and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm-implements,seed,and livestock. The real property is owned by

Accepted Answer

Real property refers to the land and any structures permanently attached to it. Chita owns the land and the structures on it, thus she owns the real property. Elvin owns the personal property, which includes the implements, seeds, and livestock.

Question 9

Eminent domain is the right of an owner of property in fee simple absolute to use the property as he or she sees fit.

Accepted Answer

Eminent domain is actually the authority of the government to take private property for public use, with just compensation provided to the owner. It is not the right of the property owner to use the property as they see fit.

Question 10

The tenant's transfer of leased premises for a period shorter than a lease term is an assignment.

Accepted Answer

The answer of The tenant's transfer of leased premises for...

Question 11

Under the implied warranty of habitability,a tenant impliedly warrants that he or she will "habitate" on the premises during the term of the lease.

Accepted Answer

The implied warranty of habitability is actually a warranty that the landlord gives to the tenant, not the other way around. It means that the landlord must provide rental housing that is fit for human habitation and meets certain basic health and safety standards. The tenant is not responsible for "habitating" on the premises, but does have a duty to use the property in a reasonable and lawful manner.

Question 12

If a tenant abandons the premises,in most states a landlord is required to mitigate his or her damages.

Accepted Answer

In most states, landlords have a duty to mitigate damages by making reasonable efforts to re-rent the property after a tenant abandons the premises. They cannot simply allow the property to sit vacant and continue to charge the former tenant for rent.

Question 13

Under the covenant of quiet enjoyment,a landlord promises that a tenant's use and enjoyment of the property will not be disturbed by someone with superior title.

Accepted Answer

The covenant of quiet enjoyment is a legally binding promise made by a landlord to a tenant that their use and enjoyment of the rental property will not be disrupted or disturbed by any individual or entity with a superior claim to the property. This means that the tenant has the right to live in the rental property without any interference or interruption from the landlord or any other parties. The covenant of quiet enjoyment is an essential component of any lease agreement and provides tenants with important legal protections.

Question 14

Frank owns GuestHouse Hotel. His ownership rights include the right to sell or give away the property without restriction,as well as the right to commit waste,if he chooses. Frank's ownership interest is

Accepted Answer

A fee simple absolute is the highest form of ownership interest in real property and provides the owner with the greatest bundle of rights, including the right to sell or give away the property and the right to commit waste if desired. Therefore, Frank's ownership interest is best described as a fee simple absolute.

Question 15

Hal owns a farm in Iowa,with a farmhouse,barn,and other structures permanently attached. Hal grows corn on the property. Land includes

Accepted Answer

Land includes both the soil and any structures permanently attached, such as the farmhouse and barn. Additionally, the corn that is grown on the land is also considered part of the overall land. Therefore, option A is the correct answer.

Question 16

The landlord is responsible for all damage to leased premises.

Accepted Answer

The landlord is responsible for maintaining the leased premises and making necessary repairs, but tenants may be responsible for damage caused by their own negligence or intentional actions.

Question 17

An assignment of a lease releases the original tenant from the obligation to pay rent should the assignee default.

Accepted Answer

An assignment of a lease does not release the original tenant from the obligation to pay rent. The original tenant remains responsible for rent payments under the terms of the lease agreement. If the assignee defaults on rent payments, the landlord can still hold the original tenant liable for the unpaid rent.

Question 18

Rollo deeds a plot of timberland to Scholars University as a gift. The university pays nothing for the property. Rollo has given the university

Accepted Answer

Rollo has given Scholars University a fee simple absolute, which is the highest and most complete form of ownership in real estate. This means that the university has full ownership rights to the timberland and can use it however they wish, without any limitations or conditions.

Question 19

A sublease releases the tenant from his or her obligations under the lease.

Accepted Answer

A sublease does not release the tenant from his or her obligations under the original lease. The subtenant is responsible for meeting the terms outlined in the sublease agreement, but the original tenant remains liable for any rent or damages owed to the landlord.

Question 20

For a party to take by adverse possession,the party's possession must be peaceable,and not hostile.

Accepted Answer

The statement is incorrect. For a party to take by adverse possession, the party's possession must be hostile, not peaceable.

Quiz 42: Real Property and Landlord-Tenant Law