Question 1

If Karen assigns her lease to Henry, Karen and Henry are both liable to the landlord for the rent.

Accepted Answer

When Karen assigns her lease to Henry, Henry becomes responsible for paying the rent to the landlord. However, Karen still remains liable for the rent if Henry fails to pay, as she is the original tenant on the lease.

Question 2

Breach of the implied warranty of habitability allows a tenant to withhold rent.

Accepted Answer

If a landlord fails to address significant habitability issues that violate the implied warranty of habitability, tenants may have the right to withhold rent until the issue is resolved.

Question 3

A leasehold is like a bailment in that it divides the possessory and ownership interests.

Accepted Answer

A leasehold is an arrangement where the lessee (tenant) has a possessory interest in the property but not an ownership interest, while the lessor (landlord) retains the ownership interest. This is similar to a bailment, where the bailee (person temporarily holding the property) has a possessory interest but not an ownership interest, while the bailor (person who owns the property) retains the ownership interest.

Question 4

If Dan sublets his apartment to Susan for the summer, Susan is primarily liable to pay the landlord the rent.

Accepted Answer

Dan, as the original tenant, remains primarily liable for the rent to the landlord, even if he sublets the apartment to someone else. Susan is only responsible for paying the rent to Dan, as per their sublease agreement. If Susan fails to pay Dan the rent, then Dan is responsible for paying the landlord, not Susan.

Question 5

Under the common law, a landlord is under an obligation to provide or maintain the premises in a livable condition.

Accepted Answer

Under common law, the doctrine of "caveat emptor" (let the buyer beware) applied, meaning the landlord had no duty to provide or maintain the premises in a livable condition unless specifically agreed upon in the lease.

Question 6

All other estates are derived from the fee simple estate.

Accepted Answer

The fee simple estate is the highest and most complete form of ownership in real property, and all other estates, such as life estates and leasehold estates, are derived from it.

Question 7

Ownership of real property for a definite time or for the life of a person is a freehold estate.

Accepted Answer

The answer of Ownership of real property for a definite...

Question 8

Community property does not include a ring owned by the wife prior to the marriage.

Accepted Answer

Property owned by either spouse before marriage is considered separate property and not subject to community property laws.

Question 9

A tenancy at sufferance is created if a tenant fails to vacate the premises when the lease expires.

Accepted Answer

A tenancy at sufferance, also known as a holdover tenancy, is created when a tenant remains in possession of the premises after the lease has expired, without the landlord’s consent. The landlord can treat the tenant as a trespasser and commence eviction proceedings.

Question 10

Traditionally, the common law viewed a leasehold estate primarily as a contract, but today it is viewed more as a conveyance of the use of land.

Accepted Answer

Traditionally, common law viewed a leasehold estate primarily as a conveyance of the use of land, but modern perspectives often emphasize its contractual aspects.

Question 11

To create a joint tenancy, the tenants must acquire title by the same instrument.

Accepted Answer

This is true. To create a joint tenancy, all tenants must acquire title to the property by the same instrument, such as a deed or a will. This is sometimes referred to as the "four unities": unity of time, title, interest, and possession.

Question 12

The Arbor Apartments can legally restrict tenants to those who are married couples.

Accepted Answer

The Arbor Apartments cannot legally restrict tenants based on their marital status, as it violates the Fair Housing Act. All individuals, regardless of marital status, are protected from discrimination when it comes to renting or purchasing a home.

Question 13

Fee estates include the right to immediate possession for an indefinite time and the right to transfer the interest by deed or will.

Accepted Answer

Fee estates are absolute ownership interests in real property that include the right to immediate possession for an indefinite period of time and the right to transfer the interest by deed or will.

Question 14

Mother conveyed her lakefront property to her daughter, Ellen, for life and then to Ellen's children, but if Ellen had no children, to Mark.Mark has a contingent remainder.

Accepted Answer

Mark has a contingent remainder because he will only inherit the property if Ellen has no children.

Question 15

If Tom and Tim are tenants in common, they each own a specific half of the property.

Accepted Answer

As tenants in common, Tom and Tim each own an undivided interest in the entire property, not a specific physical half.

Question 16

A sublease is made when the tenant transfers control of his entire interest in the leased property to a third party.

Accepted Answer

A sublease involves the tenant transferring only a portion of their interest in the leased property to a third party, not the entire interest.

Question 17

If Gil assigns his lease to Jim, Gil has no further obligations to his landlord.

Accepted Answer

When Gil assigns his lease to Jim, he is still responsible for any obligations and responsibilities outlined in the lease agreement with the landlord, unless the landlord explicitly agrees to release Gil from those obligations.

Question 18

A reversion is held by a person other than the grantor or his successors.

Accepted Answer

A reversion is a future interest that is retained by the grantor after the conveyance of an estate of a lesser quantum. It automatically arises in favor of the grantor or the grantor's successors when a lesser estate is created.

Question 19

Most state statutes permit a landlord to evict a tenant for nonpayment of rent.

Accepted Answer

Most state statutes in the US allow landlords to evict tenants for nonpayment of rent.

Question 20

Landlords are liable for injuries their tenants and others suffer as a result of any criminal conduct of third parties on the leased premises.

Accepted Answer

The answer of Landlords are liable for injuries their tenants...

Quiz 49: Interests in Real Property