Unit 7

Question 1

A contract under which an owner of a property, the landlord, conveys to the tenant that exclusive right to possess property for a period of time

Answer 1

lease 700

Question 2

a landlord is also called a ______

Answer 2

lessor 700

Question 3

a tenant is also called a ____

Answer 3

lessee 700

Question 4

The property interest conveyed to the tenant is called a _______ ______

Answer 4

leasehold estate 700

Question 5

tenancy for a term is?

Answer 5

The landlord and tenant have agreed on a specific direction of the lease and have fixed the date on which the tenancy will terminate 700

Question 6

periodic tenancy is?

Answer 6

It is created when the parties agree that rent will be paid in regular successive intervals until notice to terminate is given, but do not agree on a specific lease duration. 700

Question 7

with ______ ______, typically either party must notify the other in advance prior to termination.

Answer 7

periodic tenancies 700

Question 8

tenancy at will is?

Answer 8

Occurs when a property is leased for an indefinite period of time and either party may choose to conclude the tenancy at any time. 700

Question 9

tenancy at sufferance is?

Answer 9

It occurs when a tenant remains in possession (holds over) of the property after a lease has expired. 700

Question 10

what 2 options do landlords have when a tenancy at sufferance has occurred.

Answer 10

1. treating the holdover tenant as a trespasser and bringing an action to eject him; or
2. continuing to treat him as a tenant and collecting rent from him 700

Question 11

In most states, a lease for a term of more than ______ from the date it is made is within the ___________ and must be _______

Answer 11

1 year, statute of frauds, evidenced in writing 700

Question 12

The ____________ prohibits housing discrimination on the basis of race, color, sex, religion, national origin, handicap, and familial status.

Answer 12

Fair Housing ACT 702

Question 13

Apartments that fail to provide handicap access would be in violation of the ________.

Answer 13

Fair Housing ACT 702

Question 14

Implied warranty of quiet enjoyment guarantees ……

Answer 14

• the landlord will not enter the the leased property unless there is provision within the lease or property emergency.
• some courts have rules that landlords failure to to stop noisy tenants or other third parties as violation of this covenant. 703

Question 15

the doctrine of ______ _____ may aid a tenant when property becomes unsuitable for the purposes for which it was leased because of the landlord’s act or omission, such as the breach of the duty to repair or the covenant of quiet enjoyment.

Answer 15

Constructive eviction 703

Question 16

Common-law historically held that landlords may know implied warranties regarding the condition or quality of leased premises. Common law imposed the duty on the tenant to make repairs and a tenant could not withhold rent for repairs not made even when there was an express warranty. Why??

Answer 16

Because common law was developed in an era where leased land was typically used for agricultural purposes whereas modern law often involves the lease of property to use buildings with complex plumbing and electrical systems that a tenant likely does not not have physical access to effect repairs. 703

Question 17

Implied warranty of habitability guarantees…..

Answer 17

the landlord will keep the property safe and suitable for human habitation for the life of the lease. This ONLY applies to residential leases, and NOT commercial leases. 703

Question 18

Implied warranty of habitability guarantees only apply to ______ and NOT ________.

Answer 18

This ONLY applies to residential leases, and NOT commercial leases. 703

Question 19

From a tenant’s point of view, the _________ is superior to ________ because a tenant does not have to vacate the leased premises in order to seek a remedy for breach of warranty.

Answer 19

Implied warranty of habitability, constructive eviction

Question 20

the traditional rule of landlord tort immunity has largely been ______. As a general rule, the landlord will ____ be liable unless she had notice of the defect and reasonable opportunity to make repairs.

Answer 20

Abolished, NOT 708

Question 21

______ occurs when the tenant transfers to another person some, but not all, of his remaining right to possess the property

Answer 21

subleasing 715 ( example: tenant leases his apartment to a friend for the summer)

Question 22

_____ occurs when the landlord or the tenant transfers all of her remaining rights under the lease to another person

Answer 22

assignment 715

Question 23

under a agreement to _____, a lease may terminate prematurely by mutual agreement between landlord and tenant

Answer 23

surrender 716

Question 24

rights of ownership under lost property

Answer 24

with lost property, the original owner has the most right to the property, however a finder has better right than someone who steals it from the finder. 644

Question 25

if the finder of someone else’s property knows who the owner is and illegally retains it they are guilty of ______

Answer 25

conversion 645

Question 26

property is considered to be ______ if the owner intentionally placed the property somewhere and accidentally left it there, not intending to relinquish ownership of the property.

Answer 26

mislaid 645

Question 27

To have a valid gift these three elements must be satisfied

Answer 27

1. the donor must intended to make a gift
2. the donor must make delivery of the gift
3. the donee must except the gift 648

Question 28

A gift causa mortis exists when a gift is conditional on a the doner’s death. (the 3 exceptions would invalidated it)

Answer 28

1. the donor recovers
2. the doner revokes the offer before death
3. the donee dies before the doner 648

Question 29

Under the Uniform Transfers to Minors Act, a minor is anyone under the age of ___

Answer 29

21

Question 30

Under the Uniform Transfers to Minors Act the gift is assigned to a ______ who uses the gift for minors benefit.

Answer 30

custodian 650

Question 31

Title to personal property may be obtained by confusion. Confusion is:

Answer 31

The intermixing of different owners goods in such a way that they cannot later be separated (Example: multiple persons own shares of planted wheat but they individual shares are not kept separated during milling) 650

Question 32

_____ means increasing the value of property by adding materials, labor, or both

Answer 32

assession 650

Question 33

a _____ is the delivery of personal property by its owner or someone holding the right to possess it to another person who excepts it and is under express or implied agreement to return it to the bailor or to someone designated by the bailor.

Answer 33

bailment (example is when you borrow something or are trusted to watch it) 651

Question 34

only ______ can be subject to bailments

Answer 34

personal property 651

Question 35

in order for a bailment to occur, the bailee must ……

Answer 35

knowingly accept control over the property 651

Question 36

3 types of bailments

Answer 36

1. bailments for the sole benefit of the bailor (a person parks their car in someone else’s garage OR watching someones pet)
2. bailments for the soul benefits of the bailee (owner of goods allows someone to use them free of charge)
3. bailments for mutual benefit 652

Question 37

bailor

Answer 37

person who has rights to the property

Question 38

bailee

Answer 38

person who accepts the property under implied consent of return to the bailor at a later time

Question 39

duty to care: Bailment for the benefit of the bailor?

Answer 39

minimal or slight degree of care, would only be liable if grossly negligent 653

Question 40

duty to care: bailment for mutual benefit?

Answer 40

bailee is expected to exercise ordinary or reasonable care, they must show damage was NOT negligent 653

Question 41

Duty to care: bailment for the benefit of the bailee?

Answer 41

the bailee is expected to exercise a high degree of care 653

Question 42

even if a disclaimer is presented in attempt to discharge a bailee from liability for damages (such as a coat check or valet), the courts may still NOT enforce the disclaimer if it is contrary to ________

Answer 42

Public policy, or the bailor was unaware of the disclaimer 654

Question 43

Bill of lading is??

Answer 43

A contract to transport goods 659