TX Bar Real Property Law 3

Question 1

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?

Accepted Answer

30 days

Answer

14 days

Answer

45 days

Answer

60 days

Question 2

Constructive eviction occurs when:

Accepted Answer

A landlord's substantial interference with the tenant's use and enjoyment causes the tenant to vacate

Answer

A landlord physically removes a tenant's belongings from the premises

Answer

A landlord fails to serve a required written eviction notice before filing suit

Answer

A landlord enters without notice to make emergency repairs

Question 3

Trade fixtures installed by a commercial tenant:

Accepted Answer

May generally be removed by the tenant prior to or at the expiration of the lease

Answer

Become permanent fixtures and cannot be removed without the landlord's written consent

Answer

Must be removed within 30 days after lease expiration or become the landlord's property by accession

Answer

Are automatically transferred to the landlord upon lease termination as improvements

Question 4

A sublease differs from an assignment in that:

Accepted Answer

In a sublease, the original tenant retains a reversionary interest and remains in privity of contract with the landlord

Answer

A sublease transfers the entire remaining lease term to the subtenant

Answer

A sublease always requires the landlord's prior written consent

Answer

In a sublease, the subtenant becomes directly liable to the landlord for rent

Question 5

Which of the following would most likely be classified as a fixture rather than personal property?

Accepted Answer

A built-in furnace permanently integrated into the home's heating ductwork

Answer

A freestanding refrigerator connected to a standard electrical outlet

Answer

A portable dishwasher attached to a kitchen faucet by a flexible hose

Answer

A large flat-screen television mounted to the wall with a removable bracket

Question 6

A license to use land is distinguishable from an easement primarily because:

Accepted Answer

A license is generally revocable at the will of the licensor, unlike an easement

Answer

A license must be granted by a recorded deed to be enforceable

Answer

A license runs with the land and binds successors in interest

Answer

A license requires consideration to be valid

Question 7

Under which equitable doctrine may a licensor be prevented from revoking a license?

Accepted Answer

Estoppel, when the licensee has detrimentally relied on the license by making substantial improvements

Answer

Adverse possession, if the licensee has used the land openly for 10 years

Answer

Merger, when the licensee acquires title to an adjacent parcel

Answer

The recording act, if the license was recorded in the county deed records