MPOETC Property Law & Real Estate 2 — Questions and Answers
Question 1: A landlord changes the locks on a tenant's apartment without notice or a court order. This action is best described as:
- Constructive eviction
- Unlawful self-help eviction (Correct answer)
- Legal termination of tenancy
- Trespass by the tenant
Correct answer: Unlawful self-help eviction
Changing locks without a court order is an illegal self-help eviction; landlords must follow the formal eviction process.
Question 2: Under Pennsylvania law, which crime involves knowingly receiving or retaining stolen property with intent to deprive the owner?
- Theft by deception
- Receiving stolen property (Correct answer)
- Criminal mischief
- Theft by unlawful taking
Correct answer: Receiving stolen property
Receiving stolen property (18 Pa. C.S. § 3925) requires knowledge that the property was stolen and intent to deprive the owner.
Question 3: A person enters an unoccupied building through an open window at night to commit theft. Under Pennsylvania law, this most likely constitutes:
- Simple trespass
- Criminal trespass only
- Burglary (Correct answer)
- Loitering
Correct answer: Burglary
Entering a building with intent to commit a crime inside meets the elements of burglary under 18 Pa. C.S. § 3502.
Question 4: A tenant abandons a rental property, leaving personal belongings behind. What should police advise the landlord to do first?
- Immediately dispose of all items left
- Sell the items to cover unpaid rent
- Follow state law on abandoned property notification before disposal (Correct answer)
- Contact the tenant's emergency contact and remove items within 24 hours
Correct answer: Follow state law on abandoned property notification before disposal
Pennsylvania law requires landlords to follow specific notice and storage procedures before disposing of abandoned tenant property.
Question 5: An officer responds to a report of someone spray-painting graffiti on a building. The property damage is valued at $1,200. This offense would most likely be classified as:
- Summary criminal mischief
- Criminal mischief — misdemeanor of the second degree
- Criminal mischief — misdemeanor of the first degree (Correct answer)
- Felony criminal mischief
Correct answer: Criminal mischief — misdemeanor of the first degree
In Pennsylvania, criminal mischief causing damage of $1,000–$5,000 is a misdemeanor of the first degree.
Question 6: Which legal doctrine gives a person who has openly and continuously used another's land for a statutory period the right to claim legal title?
- Easement by prescription
- Adverse possession (Correct answer)
- Eminent domain
- Right of first refusal
Correct answer: Adverse possession
Adverse possession allows a claimant to acquire title after open, notorious, hostile, exclusive, and continuous use for the statutory period.
Question 7: Police observe a person cutting down trees and removing lumber from land they do not own. This act is best charged as:
- Burglary
- Criminal mischief
- Theft of real property / timber theft (Correct answer)
- Simple trespass
Correct answer: Theft of real property / timber theft
Unlawfully harvesting and removing timber from another's land constitutes theft of real property under Pennsylvania theft statutes.
MPOETC Property Law & Real Estate 2
A landlord changes the locks on a tenant's apartment without notice or a court order.
This action is best described as: