Question 1

Sid rents an apartment from Town Properties, Inc. The lease, which ends on May 31, does not include an option for re?newal, and Sid and Town do not discuss whether Sid can stay on at the end of the term. On June 1, Sid has

Accepted Answer

Since the lease does not include an option for renewal and there is no discussion between Sid and Town about staying on, Sid has no legal right to remain in the apartment after the lease ends. The landlord can choose whether to offer a new lease or not.

Question 2

Region Construction Company has a right to drive its trucks across Staple Business, Inc.'s property, which is adjacent to Region's office. This right is

Accepted Answer

The right to drive trucks across Staple Business, Inc.'s property is an easement, which is a nonpossessory interest in land that allows the holder of the easement to use another person's land for a specific purpose. In this case, Region Construction Company has a right to use Staple Business, Inc.'s land for transportation purposes.

Question 3

Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry. This is

Accepted Answer

The answer of Mix-It Concrete Company has the right to...

Question 4

Rita believes that Shady Grove Apartments, Inc., her landlord, has vio?lated the law in a way that entitles her to withhold the rent. This remedy is gener?ally associated with

Accepted Answer

Withholding rent is typically associated with a breach of the implied warranty of habitability. This warranty requires landlords to provide tenants with a safe and habitable living space, and failure to do so can result in tenants withholding rent until the issue is resolved. The other options listed may also be grounds for legal action or remedies, but withholding rent is not the typical remedy for those situations.

Question 5

Opal conveys three acres of wetlands to Pristine Places, Inc., with a deed that warrants only that Opal held good title during her ownership of the property. This deed is

Accepted Answer

The deed described in the question is a special warranty deed. This type of deed warrants only that the grantor has not caused any defects in title during their ownership of the property, unlike a general warranty deed which warrants against all defects in title, whether caused by the grantor or not.

Question 6

Fact Pattern 48-2B 
Shopping Mall, Inc. , leases space to Toney Goods Company and Uneek Stuf Store. Later, Uneek begins to sell items that are similar to Toney's goods, and Toney abandons its space before the end of the lease term.
-Refer to Fact Pattern 48-2B. Toney is liable to

Accepted Answer

Toney is liable to SMI for at least some of the unpaid rent, as they abandoned their space before the end of the lease term. Toney may also be liable to Uneek for any damages resulting from Toney's business decisions, but this is not addressed in the fact pattern. Toney is not liable to SMI's tenants for abandoning their space.

Question 7

Tyro has the right to drive across Ula's land, which is next to Tyro's prop?erty, to reach an access road. Tyro's right is

Accepted Answer

Tyro's right to cross Ula's land is an easement appurtenant because it is tied to Tyro's ownership of the adjacent property and benefits the use and enjoyment of that property. An easement in gross would be a right belonging to a specific person or entity, not tied to any particular property. A profit appurtenant would allow the holder to take something from Ula's land, which is not the case here. A profit in gross would be a right to take something from Ula's land belonging to a specific person or entity, which is also not relevant to this scenario.

Question 8

Moby leases from National Theater Corporation a theater in which to stage a series of concerts. Ollie buys a ticket to the series. What distin?guishes Moby, a tenant, from Ollie, a licensee, is

Accepted Answer

A tenant has the exclusive right to possess and occupy a property, while a licensee only has permission to use the property for a specific purpose. In this case, Moby as the tenant has exclusive possession of the theater, while Ollie as the licensee only has permission to attend the concerts.

Question 9

Oak Grove Residences, Inc., owns apartment buildings. Pedro leases one of Oak Grove's apartments. Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

Accepted Answer

Pedro is transferring his interest in the lease to Quito for a period shorter than the lease term without giving up his own interest in the lease. This is a sublease, where Pedro becomes a landlord to Quito while remaining the tenant of Oak Grove Residences, Inc.

Question 10

Bren leases an apartment from Cris for one year. After two months, she sublets the premises for the next six months to Dee, without obtaining Cris's con?sent. Dee pays the rent for only four months. For the last two months of Dee's six-month term, Bren is

Accepted Answer

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Question 11

To acquire the ownership of a mountain cabin by ad?verse possession, Cody must occupy the cabin exclusively, continuously, and peaceably for a specified period of time

Accepted Answer

Adverse possession requires the occupier to be in possession of the property openly, hostilely, and adversely to the interests of the owner. Additionally, the occupant must have exclusive possession for a specified period of time. Continuous and peaceful occupation is also necessary, but open and hostile possession is the key element.

Question 12

Xavier owns a duplex that he leases to Yvon and Zack. Xavier may sell

Accepted Answer

As the owner of the duplex, Xavier has the right to sell it at any time, regardless of the current lease agreement. However, the new owner would have to honor the current lease until it expires or negotiate a new lease agreement with the tenants.

Question 13

Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is

Accepted Answer

Since Elsa is only giving Gina the right to camp on the land for one night, it is considered a license rather than a leasehold estate. A license is a temporary, revocable right to use someone else's property.

Question 14

Consumer Shops, Inc., signs a lease for a storefront owned by Downtown Building Company. Unlike a purchaser of real property, Consumer Shops

Accepted Answer

When Consumer Shops signs a lease for the storefront, it acquires only temporary possession of the premises. The ownership and title of the property remain with the Downtown Building Company, and Consumer Shops only has the right to use the property for a specified period of time as outlined in the lease agreement.

Question 15

Fact Pattern 48-2B 
Shopping Mall, Inc. , leases space to Toney Goods Company and Uneek Stuf Store. Later, Uneek begins to sell items that are similar to Toney's goods, and Toney abandons its space before the end of the lease term.
-Refer to Fact Pattern 48-2B. In a growing number of jurisdictions, SMI would be

Accepted Answer

In this situation, SMI would be required to mitigate its damages by making a reasonable effort to find a replacement tenant for the vacated space. This means that SMI cannot simply sit back and allow Toney's unpaid rent to accumulate without trying to find a new tenant to take over the space. While SMI may be entitled to damages from Uneek if it can be shown that Uneek engaged in unfair competition, SMI cannot increase other tenants' rent to cover Toney's unpaid rent as this would be unfair to those tenants and likely a violation of their own lease agreements. SMI would also be entitled to the unpaid rent from Toney, but only after making a reasonable effort to mitigate its damages.

Question 16

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the build?ings, PMC should consult

Accepted Answer

City ordinances and state statutes provide legally binding regulations for the maintenance of rental properties. These regulations must be followed by property owners and property management companies. The previous owners and long-term tenants may provide insights and suggestions, but they do not create legal standards for maintenance. The Uniform Landlords' Maintenance Manual may provide helpful recommendations, but it is not a legally binding source of standards for maintenance.

Question 17

Mineral Products Corporation, which owns no land, has a right to mine the copper from Natural Resource Company's land. Mineral's right is

Accepted Answer

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Question 18

Dora leases a house from Evan for a two-year term. To ensure the valid?ity of their lease, it should include

Accepted Answer

A description of the premises is essential to define the scope of the lease and ensure that both parties agree on what is being leased. The payment of property taxes, requirements for repairs, or liability insurance are not necessary for the validity of the lease.

Question 19

Hobby Farms, Inc., owns rural property that it leases to various tenants, including Ira. Ira's transfer of his entire interest in the leased property to a Jason is

Accepted Answer

An assignment is the transfer of an entire interest or rights in a property from one party to another. In this case, Ira is transferring his entire interest in the leased property to Jason, which qualifies as an assignment. It is not an eviction, right of entry, or a sublease.

Question 20

Cow Country Corporation (CCC) sells half of its land to the Double R Ranch. On the land is a reservoir. In the deed, CCC retains the right to remove a lim?ited amount of water per day from the res?ervoir. This right is

Accepted Answer

The answer of Cow Country Corporation (CCC) sells half of...

Quiz 48: Real Property and Landlord-Tenant Relationships