Real Property Law Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Real Property Law flashcards as text
Under Texas Property Code § 92.103, a residential landlord must return a tenant's security deposit within how many days after the tenant surrenders the premises?
Answer: 30 days
Texas Property Code § 92.103 requires landlords to refund a security deposit within 30 days after the tenant surrenders possession.
Constructive eviction occurs when:
Answer: A landlord's substantial interference with the tenant's use and enjoyment causes the tenant to vacate
Constructive eviction requires that the landlord's wrongful conduct substantially interfere with the tenant's use and enjoyment, and that the tenant actually abandon the premises within a reasonable time.
Trade fixtures installed by a commercial tenant:
Answer: May generally be removed by the tenant prior to or at the expiration of the lease
Trade fixtures installed by a commercial tenant for business purposes are generally removable by the tenant before or at lease expiration.
A sublease differs from an assignment in that:
Answer: In a sublease, the original tenant retains a reversionary interest and remains in privity of contract with the landlord
In a sublease, the original tenant transfers less than the full remaining term, retaining a reversion, and remains responsible to the landlord under the original lease.
Which of the following would most likely be classified as a fixture rather than personal property?
Answer: A built-in furnace permanently integrated into the home's heating ductwork
A built-in furnace permanently integrated into the home's infrastructure is a fixture due to the high degree of annexation and the objective intent to make a permanent improvement.
A license to use land is distinguishable from an easement primarily because:
Answer: A license is generally revocable at the will of the licensor, unlike an easement
A license is a personal, revocable privilege to use another's land, whereas an easement is an irrevocable property right that binds successors.
Under which equitable doctrine may a licensor be prevented from revoking a license?
Answer: Estoppel, when the licensee has detrimentally relied on the license by making substantial improvements
Estoppel can render a license irrevocable when the licensee, in reasonable reliance on the license, has made substantial expenditures that cannot be recouped upon revocation.