1L PROPERTY FINAL EXAM
QUESTIONS AND ANSWERS
Remedies in concurrent ownership issues - Answer-Accounting, action for
contribution, partition (geographic partition or partition by sale, the latter of which is
preferred to avoid inequity & promote certainty)
Types of landlord-tenant relationships - Answer-term of years; periodic tenancy;
tenancy at will; tenancy at sufferance (holdovers)
Term of years - Answer-created by a grant that expires after (1) a fixed period of time
or on a certain date, or (2) after a computable length of time elapses.
Periodic tenancy - Answer-when the grant names a fixed duration after which the
lease continues to renew until one party terminates. Common law rule: to terminate,
either party must give express notice 6 months in advance to end a tenancy that
renews in increments greater than a month, or give express notice of 30 days on the
last day of the month for a periodic tenancy that runs month-to-month
Tenancy at will - Answer-An occupation of space for an indefinite period which can
be terminated by either the lessor or lessee at any time.
Tenancy at sufferance - Answer-Holdovers; created by tenant's refusal to vacate the
premises
Remedies for holdover tenants - Answer-Ejection; summary eviction; renewal
Landlord's Duties - Answer-1. Duty to deliver possession
2. Implied covenant of quiet enjoyment
3. Implied warranty of habitability
4. Implied covenant to repair
5. No retaliatory eviction
6. Obligtion to mitigate damages when tenant engages in abandonment
Civil Rights Act in housing - Answer-bars racial or ethnic discrimination in the sale or
rental of all property.
Fair Housing Act in housing - Answer-bars discrimination based on race, ethnicity,
religion, national origin,
gender, and disability in the sale or rental of a dwelling. Covers advertisements,
representations of availability of dwelling, rxnable accomodations for disabled
persons. Does not apply to religious organizations, private clubs, and owners who
have no more than three single-family homes or have an owner-occupied home.
Tenant's Duties - Answer-1. Duty to refrain from waste (voluntary; permissive; or
ameliorative)
2. Duty to honor contractual obligation (pay rent!)
3. Duty to not use premises for illegal purposes
, Landlord delivery of possession - Answer-Maj jdx: landlord is under duty to delivery
actual possession; min jdx: landlord only has the duty to convey legal possession,
tenant is then responsible for enforcing actual possession
Creation of subleases - Answer-Maj jdx: created only if and only the tenant retains a
future interest in the property; min jdx: sublease is created if the parties intend to do
so.
Privities of subleases - Answer-Maj: LL in privity of estate and contract with original
tenant; LL in privity of contract with subblessor as a 3d party beneficiary. Min:
original tenant in privity of contract with sublessor; original tenant in privity of contract
& estate with LL. However, sublessor has no relationship with LL, so if sublessor
breaches lease, LL must sue original tenant and not the former.
Privities of contract & estate in assignments - Answer-Privity of K: L & T, T & T1;
Privity of Estate: L&T1
Privities of contract & estate in subleases - Answer-Privity of K: L&T, T&T1, L&1
(based on 3d party beneficiary theory); Privity of Estate: L&T
Evictions - Answer-1. Actual eviction (when LL physical dispossesses the tenant of
all or part of the property)
2. partial actual eviction (when landlord permanently occupies only a portion of the
property)
3. constructive eviction (misfeasance) -- tenants must abandon the premises, or else
the right to use a constructive eviction affirmative defesne is waived
4. constructive eviction (nonfeasance) -- tenant must leave at a rxnable time
5. retaliatory eviction -- LL must have engaged in retaliatory acts (rental raises that
don't fit with mkt rates, actual/partial eviction, cutting off utilities)
Remedies for breach of warranty of habitability - Answer-Recission; Reformation;
Money Damages
Self-help repossession - Answer-Remedy re: defaulting T; forbidden in majority
jurisdictions, limited to peaceable means in jdx allowing it
Abandonment and Surrender - Answer-1. Abandonment occurs when a tenant
unilaterally leaves the premises without the intent to return before the lease's
expiration, landlord can get money damages after rxnable steps to mitigate
2. Surrender occurs when LL or T explicitly or implicitly agree to deliver premises
back to LL, releases T from liability
Types of waste (tenant) - Answer-Voluntary (when tenant intentionally or negligently
damages the premises); permissive (failure to make ordinary repairs); ameliorative
(making substantial alterations to leased premises)
Non-possessory interests - Answer-Easements, licenses, profits, covenants,
servitudes
QUESTIONS AND ANSWERS
Remedies in concurrent ownership issues - Answer-Accounting, action for
contribution, partition (geographic partition or partition by sale, the latter of which is
preferred to avoid inequity & promote certainty)
Types of landlord-tenant relationships - Answer-term of years; periodic tenancy;
tenancy at will; tenancy at sufferance (holdovers)
Term of years - Answer-created by a grant that expires after (1) a fixed period of time
or on a certain date, or (2) after a computable length of time elapses.
Periodic tenancy - Answer-when the grant names a fixed duration after which the
lease continues to renew until one party terminates. Common law rule: to terminate,
either party must give express notice 6 months in advance to end a tenancy that
renews in increments greater than a month, or give express notice of 30 days on the
last day of the month for a periodic tenancy that runs month-to-month
Tenancy at will - Answer-An occupation of space for an indefinite period which can
be terminated by either the lessor or lessee at any time.
Tenancy at sufferance - Answer-Holdovers; created by tenant's refusal to vacate the
premises
Remedies for holdover tenants - Answer-Ejection; summary eviction; renewal
Landlord's Duties - Answer-1. Duty to deliver possession
2. Implied covenant of quiet enjoyment
3. Implied warranty of habitability
4. Implied covenant to repair
5. No retaliatory eviction
6. Obligtion to mitigate damages when tenant engages in abandonment
Civil Rights Act in housing - Answer-bars racial or ethnic discrimination in the sale or
rental of all property.
Fair Housing Act in housing - Answer-bars discrimination based on race, ethnicity,
religion, national origin,
gender, and disability in the sale or rental of a dwelling. Covers advertisements,
representations of availability of dwelling, rxnable accomodations for disabled
persons. Does not apply to religious organizations, private clubs, and owners who
have no more than three single-family homes or have an owner-occupied home.
Tenant's Duties - Answer-1. Duty to refrain from waste (voluntary; permissive; or
ameliorative)
2. Duty to honor contractual obligation (pay rent!)
3. Duty to not use premises for illegal purposes
, Landlord delivery of possession - Answer-Maj jdx: landlord is under duty to delivery
actual possession; min jdx: landlord only has the duty to convey legal possession,
tenant is then responsible for enforcing actual possession
Creation of subleases - Answer-Maj jdx: created only if and only the tenant retains a
future interest in the property; min jdx: sublease is created if the parties intend to do
so.
Privities of subleases - Answer-Maj: LL in privity of estate and contract with original
tenant; LL in privity of contract with subblessor as a 3d party beneficiary. Min:
original tenant in privity of contract with sublessor; original tenant in privity of contract
& estate with LL. However, sublessor has no relationship with LL, so if sublessor
breaches lease, LL must sue original tenant and not the former.
Privities of contract & estate in assignments - Answer-Privity of K: L & T, T & T1;
Privity of Estate: L&T1
Privities of contract & estate in subleases - Answer-Privity of K: L&T, T&T1, L&1
(based on 3d party beneficiary theory); Privity of Estate: L&T
Evictions - Answer-1. Actual eviction (when LL physical dispossesses the tenant of
all or part of the property)
2. partial actual eviction (when landlord permanently occupies only a portion of the
property)
3. constructive eviction (misfeasance) -- tenants must abandon the premises, or else
the right to use a constructive eviction affirmative defesne is waived
4. constructive eviction (nonfeasance) -- tenant must leave at a rxnable time
5. retaliatory eviction -- LL must have engaged in retaliatory acts (rental raises that
don't fit with mkt rates, actual/partial eviction, cutting off utilities)
Remedies for breach of warranty of habitability - Answer-Recission; Reformation;
Money Damages
Self-help repossession - Answer-Remedy re: defaulting T; forbidden in majority
jurisdictions, limited to peaceable means in jdx allowing it
Abandonment and Surrender - Answer-1. Abandonment occurs when a tenant
unilaterally leaves the premises without the intent to return before the lease's
expiration, landlord can get money damages after rxnable steps to mitigate
2. Surrender occurs when LL or T explicitly or implicitly agree to deliver premises
back to LL, releases T from liability
Types of waste (tenant) - Answer-Voluntary (when tenant intentionally or negligently
damages the premises); permissive (failure to make ordinary repairs); ameliorative
(making substantial alterations to leased premises)
Non-possessory interests - Answer-Easements, licenses, profits, covenants,
servitudes
