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Question 1
Lance owns an apartment building. He and Tom orally agree that Tom will lease an apartment in the building for one year. They do not decide what the rental price will be. Is the agreement valid and enforceable?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct If a rental price is absent from the terms of a lease, a court will infer a reasonable rent under the circumstances, as determined by the fair market rental value of the property at the time. The second choice is wrong because this is a transfer of an interest in real estate for one year only. The Statute of Frauds applies only to transfers of interests in real estate for more than one year.Therefore D is the correct answer.
Incorrect! If a rental price is absent from the terms of a lease, a court will infer a reasonable rent under the circumstances, as determined by the fair market rental value of the property at the time. The second choice is wrong because this is a transfer of an interest in real estate for one year only. The Statute of Frauds applies only to transfers of interests in real estate for more than one year.Therefore D is the correct answer.
Question 2
New City passes a zoning law that states that strip clubs are not allowed in, or within 5 miles of, residential areas. Slick leases a store to Shady in a commercial area that is three miles from Hamlet, a residential area, knowing full well that Shady intends to open a strip club. Sure enough, Shady opens a strip club. What can Slick do about this situation?
Correct
Incorrect!
Correct If a landlord knows of a tenant's illegal purpose at the outset of a lease, then the whole lease will be unenforceable. The landlord could recover possession of the property, but cannot collect rent and cannot enforce the terms of the lease.
Incorrect! If a landlord knows of a tenant's illegal purpose at the outset of a lease, then the whole lease will be unenforceable. The landlord could recover possession of the property, but cannot collect rent and cannot enforce the terms of the lease.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Opie owns Pinkacre. Anthony holds a term of years in Pinkacre that is set to end on December 31, 2009. On January 1, 2004, a pipe bursts in a house on Pinkacre, causing severe damage to the house. After an estimate, Anthony learns that it will cost over $50,000 to redo the house plumbing so that the damage to the infrastructure can be repaired and such future incidents can be prevented. Must Anthony spend the money necessary to fix the plumbing in the house?
Correct
Incorrect!
Correct Although a tenant on real property has the duty to keep the premises in reasonable repair, he or she needs not pay for "extraordinary" repairs. In this case, spending $50,000 to replace the plumbing infrastructure clearly constitutes an extraordinary repair.
Incorrect! Although a tenant on real property has the duty to keep the premises in reasonable repair, he or she needs not pay for "extraordinary" repairs. In this case, spending $50,000 to replace the plumbing infrastructure clearly constitutes an extraordinary repair.
Question 4
New City passes a zoning law that states that strip clubs are not allowed in, or within 5 miles of, residential areas. Slick leases a store to Shady in a commercial area that is three miles from Hamlet, a residential area, because Shady tells Slick that she wants to open a free library for handicapped homeless children. In fact, Shady wants to, and does, open a strip club on the leased premises. What can Slick do about this situation?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct If a landlord is unaware as to the intent of a tenant to use premises for illegal activities, then the landlord can collect rent from the tenant and evict the tenant. Instead of evicting the tenant, the landlord can also choose to keep the terms of the lease active and get an injunction to prevent the tenant from undertaking illegal activities while on the premises.
Incorrect! If a landlord is unaware as to the intent of a tenant to use premises for illegal activities, then the landlord can collect rent from the tenant and evict the tenant. Instead of evicting the tenant, the landlord can also choose to keep the terms of the lease active and get an injunction to prevent the tenant from undertaking illegal activities while on the premises.
Question 5
Tim rents an apartment from Lisa. During his tenancy, Tim has a chandelier installed in the dining room of his apartment. When his term expires, Tim wants to take the chandelier with him. Unfortunately, removing the chandelier from the ceiling would require that the entire middle of the ceiling be torn apart and put back together after the chandelier is taken out. Tim nevertheless insists on being allowed to take his chandelier. May he do so?
Correct
Incorrect!
Correct
Incorrect!
Correct Although property attached to real estate can sometimes be removed by a tenant at the end of a lease, it cannot be removed if it is considered a fixture. One of the key factors in determining whether an object it considered a fixture is whether its removal will damage the property. In this case, the removal of the chandelier will cause severe damage to the property. Therefore, it will most likely be considered a fixture.
Incorrect! Although property attached to real estate can sometimes be removed by a tenant at the end of a lease, it cannot be removed if it is considered a fixture. One of the key factors in determining whether an object it considered a fixture is whether its removal will damage the property. In this case, the removal of the chandelier will cause severe damage to the property. Therefore, it will most likely be considered a fixture.