CAS Bar Property Law 3

Question 1

Which type of landlord-tenant relationship is created when the parties agree that the tenancy will last for a specific, fixed period with a definite end date?

Accepted Answer

Term of years (tenancy for years)

Answer

A term of years is distinguished by a fixed, predetermined duration agreed upon by the parties, with a certain start and end date.

Question 2

Under California Civil Code § 1941, the implied warranty of habitability in residential leases requires that landlords:

Accepted Answer

Maintain the property in a condition fit for human occupancy throughout the tenancy

Answer

California's implied warranty of habitability requires landlords to maintain residential units in a condition fit for human occupation and to make necessary repairs throughout the tenancy.

Question 3

A tenant vacates a leased apartment before the lease term ends, claiming the landlord's persistent failure to provide heat constitutes constructive eviction. To prevail on this theory, the tenant must establish:

Accepted Answer

A substantial interference with quiet enjoyment caused by the landlord's act or omission, plus the tenant's actual vacation of the premises

Answer

Constructive eviction requires: (1) landlord conduct substantially interfering with quiet enjoyment, (2) notice to the landlord, (3) failure to cure, and (4) the tenant's actual abandonment of the premises.

Question 4

A commercial tenant assigns the remainder of a lease to an assignee without novation. Which statement best describes the resulting legal relationships?

Accepted Answer

The assignee is in privity of estate with the landlord while the original tenant remains in privity of contract

Answer

On assignment, the assignee enters privity of estate with the landlord, while the original tenant remains liable in privity of contract unless the landlord agrees to a novation releasing the original tenant.

Question 5

Under California AB 12, effective July 1, 2024, the maximum security deposit a landlord may collect from a new residential tenant is:

Accepted Answer

One month's rent for most landlords, with a narrow exception allowing up to two months' rent for qualifying small landlords

Answer

AB 12 reduced the security deposit cap to one month's rent for most landlords; qualifying small individual landlords owning no more than two residential rental properties may charge up to two months' rent.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Property Law 3