PROPERTY LAW PRACTICE QUESTIONS||COMPLETE
GUIDE 100+ QUESITIONS||VERIFIED
ANSWERS||GRADED A+
On May 29th, Tenant Signed A Lease To Rent An Apartment From Landlord With The Term Commencing
On June 1, And Landlord Gave Tenant The Key To The Apartment. When Tenant Showed Up With Her
Belongings, Ready To Move In On June 1, She Found X Living In The Apartment. X Admitted That He Was
"Technically Homeless," But That He Had Broken In And Has Been Living In The Vacant Apartment For
One Week. When Tenant Asked Him To Leave, X Told Her That He'd Rather Not, Because The Apartment
Had Two Bedrooms And She Should "Share The Wealth With People Less Fortunate." What Legal Rights
Does Tenant Have With Respect To X's Occupancy Of The Apartment?
1. In A Majority Of States, Landlord Will Be Liable To Tenant For X's Presence In The Apartment.
2. In A Majority Of States, Landlord Will Not Be Liable To Tenant For X's Presence In The Apartment
Because X Lacks Privity With Landlord.
3. In A Majority Of States, X Can Only Be Removed If Tenant Brings An Action In Ejectment And/Or
Trespass.
4. In A Majority Of States, X's Actual Possession Will Trump The Bare Legal Right To Possess Conveyed To
Tenant.
ANS>>>1. In A Majority Of States, Landlord Will Be Liable To Tenant For X's Presence In The Apartment.
Tenant Rented Apartment Unit 2d From Landlord. There Are 10 Units On Each Of 5 Floors In The
Building, All Owned By Landlord. On October 1st, A New Occupant Moved Into Unit 3d, Immediately
Above Tenant. Apparently This Occupant Is A Professional Dancer And Practices Dancing At Home
During The Evening Hours. Sometimes The Dance Practice Sessions Are Not Tremendously Intrusive, But
At Least Ten Hours A Week, Tenant's Upstairs Neighbor Practices Tap-Dancing, Which Creates A
Tremendous Racket In Tenant's Apartment. The Noise Has Been So Awful That Tenant Is Unable To
Enjoy Being At Home During Those Times. When The Tap-Dancing Starts, Tenant Immediately Vacates
His Unit. He Usually Stays Away For A Couple Hours, Either At A Friends' House, The Library, Or A Local
Eatery. After The Very First Instance Of Tap-Dancing, Tenant Complained In Writing To Landlord, But
Landlord Has Done Nothing To Address The Situation. It Is Now November 6th And This Has Been Going
On Over A Month. Does Tenant Have A Valid Claim Against Landlord?
,1. Yes. If A Court Finds That The Tap-Dancing Is A Significant Interference With Tenant's Quiet Enjoyment
Of His Unit, Tenant Can Win A Constructive Eviction Claim Against Landlord
2. Yes. If A Court Finds That The Tap-Dancing Amounts To A Nuisance, Tenant Can Win A Constructive
Eviction Claim Against Landlord.
3. Yes. If A Court Finds That Tap-Dancing In An Apartment Building Is An Unreasonable Use Of Property,
Tenant Can Win An Implied Warranty Of Habitability Claim Against Landlord.
4. No. Tenant Does Not Have A Valid Cause Of Action Against For Constructive Eviction Against Landlord
Under These Facts.
ANS>>>4. No. Tenant Does Not Have A Valid Cause Of Action Against For Constructive Eviction Against
Landlord Under These Facts.
Tenant Signed An Agreement To Lease An Apartment In Landlord's Multi-Family Building "From Year To
Year, Commencing With January 1, 2010." On November 1, 2015, Landlord Informs Tenant In Writing
That The Lease Will Terminate On December 31, 2015 Because Landlord Will Be Converting The Building
To A Condominium. When, If At All, Will Tenant's Lease Terminate?
1. Tenant's Lease Will Terminate On December 31, 2015 Because Landlord Has Notified Tenant Of The
Termination In Writing With Adequate Notice.
2. Tenant's Lease Will Terminate On March 31, 2016 Because Year-To-Year Tenants Are Guaranteed Six
Months' Notice Of Termination.
3. Tenant's Lease Will Terminate On December 31, 2016 Because The Lease Will Automatically Renew
For A Year On January 1, 2016.
4. Tenant's Lease Will Not Terminate Based On This Notice Because A Landlord May Not Terminate
Periodic Tenancies In Order To Convert A Building Into A Condominium.
ANS>>>3. Tenant's Lease Will Terminate On December 31, 2016 Because The Lease Will Automatically
Renew For A Year On January 1, 2016.
Tenant Signed A Lease With Landlord For A One-Year Term, Ending On August 31. The Lease Provided
For Monthly Rental Payments Of $500. On September 1, Without Vacating The Premises, Tenant Sent
,Landlord A Check For $500. Landlord Cashed The Check. On September 15th, Landlord Informed The
Tenant That The Premises Had Been Rented To Another Party And That Tenant Must Vacate By
September 30 Or Face Eviction. Assuming Tenant Will Not Voluntarily Leave, When Is The Earliest That
Landlord Will Be Able To Remove Tenant From The Premises?
1. Immediately, Because Tenant Has A Tenancy At Sufferance And Landlord Has Indicated That He
Wishes To Reclaim Possession.
2. September 30, Because Tenant Has A Tenancy At Sufferance And Landlord Has Indicated That He
Wishes To Reclaim Possession.
3. September 30, Because Tenant Has A Month-To-Month Periodic Tenancy And Landlord Has Indicated
That He Wishes To Terminate.
4. October 31, Because Tenant Has A Month-To-Month Periodic Tenancy And Landlord Has Indicated
That He Wishes To Terminate.
5. August 31 The Following Year, Because Tenant Has Effectively Renewed The Term Of Years Tenancy.
ANS>>>4. October 31, Because Tenant Has A Month-To-Month Periodic Tenancy And Landlord Has
Indicated That He Wishes To Terminate.
Tenant Lived In Apartment 2c In One Of Landlord's Mixed-Use Buildings. When Tenant Moved In, The
Commercial Space Immediately Below Her Was Vacant, Although The Other Portions Of The First Floor
Contained A Wine Store And A Bank. Two Weeks After Tenant Moved In, A New Commercial Tenant
Moved Into The Vacant Space On The First Floor. The New Tenant Soon Opened A "Smoking Lounge" In
Its Commercial Space Below Tenant's Apartment. This Lounge Is A Private Club That Sells And Permits
On-Site Consumption Of Various Tobacco Products, Including Cigarettes, Pipes And Cigars. It Operates
From 6pm Until Midnight Every Night Of The Week. Tenant Suffers From Asthma, And The Tobacco
Smoke Seeping From Her Downstairs Neighbor's Space Triggered More Frequent Attacks Over The
Following Few Weeks. After Leaving Several Voicemails For Landlord, With No Response, Tenant Packed
Up And Moved Out Of The Apartment. One Month Later, Landlord Sued Tenant For Unpaid Rent, And
Tenant Raises Constructive Eviction As Her Defense. Will Tenant's Defense Likely Be Successful?
1. Yes, Because The Smoke Constituted Constructive Eviction, Which Breached The Implied Warranty Of
Habitability.
2. Yes, Because The Smoke Constituted Constructive Eviction, Which Breached The Covenant Of Quiet
Enjoyment.
, 3. No, Because The Landlord Has Done Nothing That Would Have Deprived A Reasonable Person Of Any
Tenant Rights.
4. No, Because A Landlord Cannot Be Held Responsible For The Legal Actions Of Another Tenant
Occurring Outside The Common Areas.
ANS>>>2. Yes, Because The Smoke Constituted Constructive Eviction, Which Breached The Covenant Of
Quiet Enjoyment.
S Tells Her Sister, T, That She May Live In Her Home For "As Long As You Like" If She Pays $300 A Month
In Rent To S. S And T Sign A Form Lease That S Finds On The Internet, And In The Blank Labeled
"Commencement Date," S Wrote "September 1, 2012." In The Blank Labeled "Expiration Date," S Wrote
"T's Choice." What Interest Does T Have In The Property?
1. T Has A License, Not A Lease.
2. T Has A Life Estate, Not A Lease.
3. T Has A Month-To-Month Lease.
4. T Has A Perpetual Lease.
5. T Has A Term Of Years.
ANS>>>3. T Has A Month-To-Month Lease.
E And F Orally Agreed That F Will Rent "One Of The Rooms In E's House" For "Fair Market Rent" For A
Period Of "Six Months Commencing January 1." Why Would This Lease Be Invalid Or Unenforceable?
1. This Oral Lease Is Invalid Because It Fails To Describe The Premises.
2. This Oral Lease Is Invalid Because It Fails To Set Rent.
3. This Oral Lease Is Unenforceable Because Of The Statute Of Frauds.
4. Both A And B.
5. All Of The Above.
GUIDE 100+ QUESITIONS||VERIFIED
ANSWERS||GRADED A+
On May 29th, Tenant Signed A Lease To Rent An Apartment From Landlord With The Term Commencing
On June 1, And Landlord Gave Tenant The Key To The Apartment. When Tenant Showed Up With Her
Belongings, Ready To Move In On June 1, She Found X Living In The Apartment. X Admitted That He Was
"Technically Homeless," But That He Had Broken In And Has Been Living In The Vacant Apartment For
One Week. When Tenant Asked Him To Leave, X Told Her That He'd Rather Not, Because The Apartment
Had Two Bedrooms And She Should "Share The Wealth With People Less Fortunate." What Legal Rights
Does Tenant Have With Respect To X's Occupancy Of The Apartment?
1. In A Majority Of States, Landlord Will Be Liable To Tenant For X's Presence In The Apartment.
2. In A Majority Of States, Landlord Will Not Be Liable To Tenant For X's Presence In The Apartment
Because X Lacks Privity With Landlord.
3. In A Majority Of States, X Can Only Be Removed If Tenant Brings An Action In Ejectment And/Or
Trespass.
4. In A Majority Of States, X's Actual Possession Will Trump The Bare Legal Right To Possess Conveyed To
Tenant.
ANS>>>1. In A Majority Of States, Landlord Will Be Liable To Tenant For X's Presence In The Apartment.
Tenant Rented Apartment Unit 2d From Landlord. There Are 10 Units On Each Of 5 Floors In The
Building, All Owned By Landlord. On October 1st, A New Occupant Moved Into Unit 3d, Immediately
Above Tenant. Apparently This Occupant Is A Professional Dancer And Practices Dancing At Home
During The Evening Hours. Sometimes The Dance Practice Sessions Are Not Tremendously Intrusive, But
At Least Ten Hours A Week, Tenant's Upstairs Neighbor Practices Tap-Dancing, Which Creates A
Tremendous Racket In Tenant's Apartment. The Noise Has Been So Awful That Tenant Is Unable To
Enjoy Being At Home During Those Times. When The Tap-Dancing Starts, Tenant Immediately Vacates
His Unit. He Usually Stays Away For A Couple Hours, Either At A Friends' House, The Library, Or A Local
Eatery. After The Very First Instance Of Tap-Dancing, Tenant Complained In Writing To Landlord, But
Landlord Has Done Nothing To Address The Situation. It Is Now November 6th And This Has Been Going
On Over A Month. Does Tenant Have A Valid Claim Against Landlord?
,1. Yes. If A Court Finds That The Tap-Dancing Is A Significant Interference With Tenant's Quiet Enjoyment
Of His Unit, Tenant Can Win A Constructive Eviction Claim Against Landlord
2. Yes. If A Court Finds That The Tap-Dancing Amounts To A Nuisance, Tenant Can Win A Constructive
Eviction Claim Against Landlord.
3. Yes. If A Court Finds That Tap-Dancing In An Apartment Building Is An Unreasonable Use Of Property,
Tenant Can Win An Implied Warranty Of Habitability Claim Against Landlord.
4. No. Tenant Does Not Have A Valid Cause Of Action Against For Constructive Eviction Against Landlord
Under These Facts.
ANS>>>4. No. Tenant Does Not Have A Valid Cause Of Action Against For Constructive Eviction Against
Landlord Under These Facts.
Tenant Signed An Agreement To Lease An Apartment In Landlord's Multi-Family Building "From Year To
Year, Commencing With January 1, 2010." On November 1, 2015, Landlord Informs Tenant In Writing
That The Lease Will Terminate On December 31, 2015 Because Landlord Will Be Converting The Building
To A Condominium. When, If At All, Will Tenant's Lease Terminate?
1. Tenant's Lease Will Terminate On December 31, 2015 Because Landlord Has Notified Tenant Of The
Termination In Writing With Adequate Notice.
2. Tenant's Lease Will Terminate On March 31, 2016 Because Year-To-Year Tenants Are Guaranteed Six
Months' Notice Of Termination.
3. Tenant's Lease Will Terminate On December 31, 2016 Because The Lease Will Automatically Renew
For A Year On January 1, 2016.
4. Tenant's Lease Will Not Terminate Based On This Notice Because A Landlord May Not Terminate
Periodic Tenancies In Order To Convert A Building Into A Condominium.
ANS>>>3. Tenant's Lease Will Terminate On December 31, 2016 Because The Lease Will Automatically
Renew For A Year On January 1, 2016.
Tenant Signed A Lease With Landlord For A One-Year Term, Ending On August 31. The Lease Provided
For Monthly Rental Payments Of $500. On September 1, Without Vacating The Premises, Tenant Sent
,Landlord A Check For $500. Landlord Cashed The Check. On September 15th, Landlord Informed The
Tenant That The Premises Had Been Rented To Another Party And That Tenant Must Vacate By
September 30 Or Face Eviction. Assuming Tenant Will Not Voluntarily Leave, When Is The Earliest That
Landlord Will Be Able To Remove Tenant From The Premises?
1. Immediately, Because Tenant Has A Tenancy At Sufferance And Landlord Has Indicated That He
Wishes To Reclaim Possession.
2. September 30, Because Tenant Has A Tenancy At Sufferance And Landlord Has Indicated That He
Wishes To Reclaim Possession.
3. September 30, Because Tenant Has A Month-To-Month Periodic Tenancy And Landlord Has Indicated
That He Wishes To Terminate.
4. October 31, Because Tenant Has A Month-To-Month Periodic Tenancy And Landlord Has Indicated
That He Wishes To Terminate.
5. August 31 The Following Year, Because Tenant Has Effectively Renewed The Term Of Years Tenancy.
ANS>>>4. October 31, Because Tenant Has A Month-To-Month Periodic Tenancy And Landlord Has
Indicated That He Wishes To Terminate.
Tenant Lived In Apartment 2c In One Of Landlord's Mixed-Use Buildings. When Tenant Moved In, The
Commercial Space Immediately Below Her Was Vacant, Although The Other Portions Of The First Floor
Contained A Wine Store And A Bank. Two Weeks After Tenant Moved In, A New Commercial Tenant
Moved Into The Vacant Space On The First Floor. The New Tenant Soon Opened A "Smoking Lounge" In
Its Commercial Space Below Tenant's Apartment. This Lounge Is A Private Club That Sells And Permits
On-Site Consumption Of Various Tobacco Products, Including Cigarettes, Pipes And Cigars. It Operates
From 6pm Until Midnight Every Night Of The Week. Tenant Suffers From Asthma, And The Tobacco
Smoke Seeping From Her Downstairs Neighbor's Space Triggered More Frequent Attacks Over The
Following Few Weeks. After Leaving Several Voicemails For Landlord, With No Response, Tenant Packed
Up And Moved Out Of The Apartment. One Month Later, Landlord Sued Tenant For Unpaid Rent, And
Tenant Raises Constructive Eviction As Her Defense. Will Tenant's Defense Likely Be Successful?
1. Yes, Because The Smoke Constituted Constructive Eviction, Which Breached The Implied Warranty Of
Habitability.
2. Yes, Because The Smoke Constituted Constructive Eviction, Which Breached The Covenant Of Quiet
Enjoyment.
, 3. No, Because The Landlord Has Done Nothing That Would Have Deprived A Reasonable Person Of Any
Tenant Rights.
4. No, Because A Landlord Cannot Be Held Responsible For The Legal Actions Of Another Tenant
Occurring Outside The Common Areas.
ANS>>>2. Yes, Because The Smoke Constituted Constructive Eviction, Which Breached The Covenant Of
Quiet Enjoyment.
S Tells Her Sister, T, That She May Live In Her Home For "As Long As You Like" If She Pays $300 A Month
In Rent To S. S And T Sign A Form Lease That S Finds On The Internet, And In The Blank Labeled
"Commencement Date," S Wrote "September 1, 2012." In The Blank Labeled "Expiration Date," S Wrote
"T's Choice." What Interest Does T Have In The Property?
1. T Has A License, Not A Lease.
2. T Has A Life Estate, Not A Lease.
3. T Has A Month-To-Month Lease.
4. T Has A Perpetual Lease.
5. T Has A Term Of Years.
ANS>>>3. T Has A Month-To-Month Lease.
E And F Orally Agreed That F Will Rent "One Of The Rooms In E's House" For "Fair Market Rent" For A
Period Of "Six Months Commencing January 1." Why Would This Lease Be Invalid Or Unenforceable?
1. This Oral Lease Is Invalid Because It Fails To Describe The Premises.
2. This Oral Lease Is Invalid Because It Fails To Set Rent.
3. This Oral Lease Is Unenforceable Because Of The Statute Of Frauds.
4. Both A And B.
5. All Of The Above.
