Question 1

To widen a highway, the state of Ohio obtains, through a judicial proceeding, title to the individual lots in a residential neighborhood. A subsequent proceeding will determine​

Accepted Answer

The subsequent proceeding will determine the fair value of the property being acquired by the state. This is known as an eminent domain proceeding, where just compensation must be paid to the former property owners. The other options, such as when the former owners should vacate and how wide the highway should be, are determined prior to the eminent domain proceeding. Zoning laws may also be considered prior to the acquisition of the property.

Question 2

Larissa leases to Metal Fabrication Corporation a 10,000 square-foot building under a written lease with a twenty-year term, rent payable annually. The lease includes a clause stating that Metal Fabrication is responsible for making all necessary repairs, including rebuilding the structure after its destruction by any cause beyond Larissa's control. The lease does not include a clause concerning its assignment. One day after the tenth rental payment, Metal Fabrication, without Larissa's knowledge or consent, assigns its interest in the lease to National Steel, Inc. Meanwhile, Larissa dies and Olina inherits her interest in the building. Without the knowledge or consent of either Metal Fabrication or National Steel, Olina sells the building to Prime Properties, Inc. The next month, the building is destroyed in a devastating storm. Metal Fabrication rebuilds it and files a suit against Prime Properties for the expense. The defendant responds that the lease has terminated. Is Prime Properties correct? If so, when did the lease terminate? If not, is Prime Properties liable for the cost of rebuilding the structure? Why or why not?

Accepted Answer

The answer of Larissa leases to Metal Fabrication Corporation a...

Question 3

Lee leases a house from Megan for a two-year term. To ensure the validity of their lease, it should include​

Accepted Answer

Including a provision for the landlord's future interest ensures that the lease is legally binding and protects the landlord's rights to the property. The other options are not necessary for the validity of the lease.

Question 4

Riley owns Sunnyvale Apartments. He promises his tenants that during the lease term, neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is​

Accepted Answer

The promise made by Riley to his tenants is known as the covenant of quiet enjoyment. It ensures that neither Riley nor anyone with superior title will disturb the tenants' use and enjoyment of the premises during the lease term.

Question 5

Bay City wants to acquire undeveloped land within the city limits to convert into a public park. Bay City brings a judicial proceeding to obtain title to the land. This is​

Accepted Answer

The power of eminent domain allows the government (in this case, Bay City) to take private property for public use, as long as just compensation is paid to the owner. This is different from adverse possession, which is a legal concept where someone can acquire title to property by openly and continuously using it without the owner's permission for a certain period of time (usually several years). It is also not an easement, which is a limited right to use someone else's property for a specific purpose (such as a right-of-way for a driveway). Constructive eviction is a situation where a landlord makes a rental property uninhabitable, forcing the tenant to leave.

Question 6

Manhattan Developers, Inc., pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is​

Accepted Answer

A quitclaim deed conveys whatever interest the grantor has in the property, without any warranty or guarantee as to the extent or validity of that interest. In this scenario, Northeast Trust Company is conveying whatever interest it has in the waterfront strip, but is not providing any warranty as to the quality or extent of that interest.

Question 7

Cierra rents an apartment from Damian that floods whenever there is a heavy rain. Damian refuses to fix the problem. Damian has breached​

Accepted Answer

The implied warranty of habitability is a legal doctrine that presumes all rental units are fit for living, and landlords must maintain them to a minimum standard. One of those standards is keeping the unit free from water leaks and ensuring adequate waterproofing during heavy rains. Thus, in this case, Damian has breached the implied warranty of habitability.

Question 8

Ann rents an apartment from Best Home Properties. The apartment is destroyed in a fire that is not the fault of either party. For the rest of the lease term, Ann​

Accepted Answer

When the leased property is destroyed through no fault of either party, the lease is terminated and the tenant is no longer obligated to pay rent. Therefore, Ann is no longer required to pay any of the rent.

Question 9

Jay owns a duplex that he leases to Kit and Leo. Jay may sell the duplex​

Accepted Answer

As the owner of the property, Jay has the right to sell it to any party at any time. The lease agreement between Jay and Kit and Leo does not restrict Jay from selling the property while it is still under lease.

Question 10

Tropic Breeze Residences, Inc., owns apartment buildings. Suki leases one of Tropic Breeze's apartments. Suki's transfer of her interest in the lease to Vito for a period shorter than the lease term is​

Accepted Answer

When Suki transfers her interest in the lease to Vito for a period shorter than the lease term, it is a sublease. In a sublease, the original lease remains in effect, and the subletter (Vito) becomes responsible for paying rent and following the terms of the original lease while occupying the property.

Question 11

Metro City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project. Nathan's Deli is adjacent to the project. Nathan's loses most of its business when the residents are moved. Nathan's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation. What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

Accepted Answer

The answer of Metro City exercises its power of eminent...

Question 12

Meadowland, Inc., owns rural property that it leases to various tenants, including Norm. Norm's transfer of his entire interest in the leased property to Orly is​

Accepted Answer

An assignment is when a tenant transfers their entire interest in a leased property to another party, which is what Norm is doing by transferring his interest to Orly. This is different from a sublease where the tenant only transfers part of their interest and retains some control over the property. Constructive eviction is when the landlord breaches the lease agreement in a way that makes it impossible for the tenant to use the leased property, which is not happening here. An easement is a type of right of way or access to a property, which is not relevant in this scenario.

Quiz 49: Real Property and Landlord-Tenant Law

To widen a highway, the state of Ohio obtains, through a judicial proceeding, title to the individual lots in a residential neighborhood. A subsequent proceeding will determine​

Lee leases a house from Megan for a two-year term. To ensure the validity of their lease, it should include​

Riley owns Sunnyvale Apartments. He promises his tenants that during the lease term, neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is​

Bay City wants to acquire undeveloped land within the city limits to convert into a public park. Bay City brings a judicial proceeding to obtain title to the land. This is​

Manhattan Developers, Inc., pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is​

Cierra rents an apartment from Damian that floods whenever there is a heavy rain. Damian refuses to fix the problem. Damian has breached​

Ann rents an apartment from Best Home Properties. The apartment is destroyed in a fire that is not the fault of either party. For the rest of the lease term, Ann​

Jay owns a duplex that he leases to Kit and Leo. Jay may sell the duplex​

Tropic Breeze Residences, Inc., owns apartment buildings. Suki leases one of Tropic Breeze's apartments. Suki's transfer of her interest in the lease to Vito for a period shorter than the lease term is​

Meadowland, Inc., owns rural property that it leases to various tenants, including Norm. Norm's transfer of his entire interest in the leased property to Orly is​

To widen a highway, the state of Ohio obtains, through a judicial proceeding, title to the individual lots in a residential neighborhood. A subsequent proceeding will determine

Lee leases a house from Megan for a two-year term. To ensure the validity of their lease, it should include

Riley owns Sunnyvale Apartments. He promises his tenants that during the lease term, neither he nor anyone with a superior title to the property will disturb the tenants' use and enjoyment of the premises. This is

Bay City wants to acquire undeveloped land within the city limits to convert into a public park. Bay City brings a judicial proceeding to obtain title to the land. This is

Manhattan Developers, Inc., pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is

Cierra rents an apartment from Damian that floods whenever there is a heavy rain. Damian refuses to fix the problem. Damian has breached

Ann rents an apartment from Best Home Properties. The apartment is destroyed in a fire that is not the fault of either party. For the rest of the lease term, Ann

Jay owns a duplex that he leases to Kit and Leo. Jay may sell the duplex

Tropic Breeze Residences, Inc., owns apartment buildings. Suki leases one of Tropic Breeze's apartments. Suki's transfer of her interest in the lease to Vito for a period shorter than the lease term is

Meadowland, Inc., owns rural property that it leases to various tenants, including Norm. Norm's transfer of his entire interest in the leased property to Orly is