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Question 1
New York City owns Madison Square Garden. The City rents out Madison Square Garden to "Save Saddam," a pacifist organization so that they can hold a massive demonstration against American troop deployment in Iraq. Must New York City actually grant "Save Saddam" actual right to possess and use the Garden?
Correct The landlord's duty to deliver possession of the property to the tenant is the essence of any leasehold. Therefore, it is clear that, as a fundamental duty inherent in the leasehold, the landlord must give the tenant the legal right to possess the property.
Incorrect! The landlord's duty to deliver possession of the property to the tenant is the essence of any leasehold. Therefore, it is clear that, as a fundamental duty inherent in the leasehold, the landlord must give the tenant the legal right to possess the property.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
New York City owns Madison Square Garden. The City rents out Madison Square Garden to "Save Saddam," a pacifist organization so that they can hold a massive demonstration against American troop deployment in Iraq. NYC gives "Save Saddam" the right to use Madison Square Garden. However, when the organization tries to use the Garden to hold its rally, it finds that another organization, called "Get Saddam," has entered and taken over the Garden and will not leave. Is New York City responsible for bringing an ejectment action against "Get Saddam" so that the tenants can enjoy their right of possession?
Correct
Incorrect!
Correct Under the English rule, a landlord has the responsibility to chase out wrongful possessors so that the tenant can enjoy his or her right of possession. Under the so-called American rule, the responsibility to chase out wrongful possessors falls on the tenant.
Incorrect! Under the English rule, a landlord has the responsibility to chase out wrongful possessors so that the tenant can enjoy his or her right of possession. Under the so-called American rule, the responsibility to chase out wrongful possessors falls on the tenant.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Larry owns an apartment building in which Moe rents an apartment on the 31st floor. One day, the elevator in the building breaks and Larry refuses to fix it. Moe complains about the broken elevator consistently, but he continues to live in the apartment, and uses the stairs whenever he wants to get up and down to or from his apartment. Finally, Moe stops paying rent. When Larry sues for the rent, Moe claims that Larry has constructively evicted him. Is Moe correct?
Correct
Incorrect!
Correct
Incorrect!
Correct One of the elements inherent in a constructive eviction is that the tenant must actually leave the premises. Here, although there is clearly a substantial interference with Moe's use and enjoyment of the apartment and although notice was given to Larry, there is no constructive eviction because Moe has not actually left the apartment.
Incorrect! One of the elements inherent in a constructive eviction is that the tenant must actually leave the premises. Here, although there is clearly a substantial interference with Moe's use and enjoyment of the apartment and although notice was given to Larry, there is no constructive eviction because Moe has not actually left the apartment.
Correct
Incorrect!
Question 4
Larry owns an apartment building in which Moe rents an apartment on the 31st floor. One day, the elevator in the building breaks and Larry refuses to fix it. Under the housing code in Larry's state, a landlord must keep the elevators working properly in any building more than 5 stories tall. Moe complains to the local zoning board about the broken elevator. Larry promptly evicts Moe after giving him proper notice and allowing the notice requirement time period to elapse. Does Moe have an action against Larry for wrongful eviction?
Correct A landlord may not evict a tenant as retaliation for the tenant reporting a violation of a housing code provision. Obviously, it is not certain that Moe can prove that Larry evicted Moe as retaliation for the reporting of the violation. But, the facts of this case certainly indicate at least enough of a chance that the eviction was retaliatory, so that Moe can maintain an action against Larry for wrongful eviction. Of course, a judge or jury will eventually decide what Larry's actual motive was when he evicted Moe.
Incorrect! A landlord may not evict a tenant as retaliation for the tenant reporting a violation of a housing code provision. Obviously, it is not certain that Moe can prove that Larry evicted Moe as retaliation for the reporting of the violation. But, the facts of this case certainly indicate at least enough of a chance that the eviction was retaliatory, so that Moe can maintain an action against Larry for wrongful eviction. Of course, a judge or jury will eventually decide what Larry's actual motive was when he evicted Moe.