GA Bar Property Law 3

Question 1

A landlord's failure to maintain the premises in a habitable condition, causing the tenant to vacate, is known as:

Accepted Answer

Constructive eviction

Answer

Constructive eviction occurs when the landlord's breach of the duty to maintain renders the premises uninhabitable, legally justifying the tenant's abandonment.

Question 2

A periodic tenancy from month-to-month is properly terminated by giving notice equal to:

Accepted Answer

One full rental period (one month)

Answer

At common law, a month-to-month periodic tenancy requires notice equal to the length of one period — one month — to terminate.

Question 3

When a tenant transfers her entire remaining lease term to a third party, the transfer is called a(n):

Accepted Answer

Assignment

Answer

An assignment transfers the tenant's entire remaining interest; a sublease retains some portion of the leasehold in the original tenant.

Question 4

Under the implied warranty of habitability, which of the following conditions would most likely constitute a breach?

Accepted Answer

Non-functioning heating system in winter

Answer

A non-functioning heating system in winter deprives the tenant of an essential service, breaching the landlord's implied warranty of habitability.

Question 5

A tenant installs a commercial display case bolted to the floor of a rented retail space. At lease end, this item is likely classified as a:

Accepted Answer

Trade fixture the tenant may remove

Answer

Trade fixtures — items installed by a commercial tenant for business purposes — remain the tenant's personal property and may be removed before the lease expires.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Property Law 3