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

Texas Property Code § 92.103 requires landlords to refund a security deposit within 30 days after the tenant surrenders possession.

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

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.

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

Trade fixtures installed by a commercial tenant for business purposes are generally removable by the tenant before or at lease expiration.

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

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.

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 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.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Real Property Law 3