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Quiz 42 :

Real Property and Landlord Tenant

Quiz 42 :

Real Property and Landlord Tenant

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Lisa Preece rented an apartment from Turman Realty, paying a $300 security deposit. Georgia law states: "Any landlord who fails to return any part of a security deposit which is required to be returned to a tenant pursuant to this article shall be liable to the tenant in the amount of three times the sum improperly withheld plus reasonable attorney's fees." When Preece moved out, Turman did not return her security deposit, and she sued for triple damages plus attorney's fees, totaling $1,800. Turman offered evidence that its failure to return the deposit was inadvertent and that it had procedures reasonably designed to avoid such errors. Is Preece entitled to triple damages? Attorney's fees?
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Case synopsis:
Ms. LP stays in a rented house of Mr. T by paying $300 as a security deposit. The law says that the landlord must pay back the security deposit, failing which the landlord must pay three times the amount of security deposit.
When Ms. LP moved out, the land lord did not pay back the amount but he charged her $1,800 for triple damages and attorney fees.
Entitlement of triple damages and attorney fees by Ms. LP:
If Ms. LP has really made damages to the house, then she is entitled to pay the sum that the landlord asks for. Also, the payment reflects on the agreement signed by her at the time of becoming a tenant to Mr. T.
The amount of triple damages seems to be very high and hence the tenant may request the landlord to reduce the amount Instead, she can also choose to repair the damage that has been made by her (if the landlord permits).
The fees of attorney must be paid by the landlord if he has appointed for the lawyer. The landlord cannot ask for fees that have to be paid to the attorney.

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YOU BE THE JUDGE WRITING PROBLEM Frank Deluca and his son David owned the Sportsman's Pub on Fountain Street in Providence, Rhode Island. The Delucas applied to the city for a license to employ topless dancers in the pub. Did the city have the power to deny the Delucas' request? Argument for the Delucas: Our pub is perfectly legal. Further, no law in Rhode Island prohibits topless dancing. We are morally and legally entitled to present this entertainment. The city should not use some phony moralizing to deny customers what they want. Argument for Providence: This section of Providence is zoned to prohibit topless dancing, just as it is zoned to bar manufacturing. There are other parts of town where the Delucas can open one of their sleazy clubs if they want to, but we are entitled to deny a permit in this area.
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Case synopsis:
Mr. FD and his son Mr. D owned a pub in which they invited girls for dancing topless. Before inviting them, they had asked permission to the government to grant them license for topless dancing in R_ode Island.
Perception of Mr. X assuming himself as a judge:
Mr. X feels that the provision of topless dancing must not be given to the pub as the area prohibits bar and it equivalent. The pub owners must understand the fact the school children pass by the area and they may fall into problem due to the customers of the pub.
Hence, it is vital for the pub and the surroundings to be free from such entertainment and thus, the pub must not be given license and the legal rights for topless dancing.

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Which of the following forms of tenancy will be created if a tenant stays in possession of leased premises without the landlord's consent, after the tenant's one-year written lease expires? (a) Tenancy at will (b) Tenancy for years (c) Periodic tendency (d) Tenancy at sufferance
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Tenancy at sufferance:
Tenancy at sufferance refers to the stay made by the tenant even after the expiry of the bond. It takes place either without the consent of the owner or against the wishes the owner.
Hence, tenancy is sufferance is legally wrong as the person stays without the permission of the landlord.
Form of tenancy:
The form of tenancy that would be created if the tenant stays after the expiry of lease agreement is "tenancy at sufferance."
Hence, Option
img is correct.
Option A is incorrect because in the type of tenancy at will there is no specified duration.
Tenancy for years refers to a static period of tenancy. Hence, option B is incorrect.
Periodic tenancy refers to the automatic revitalization of the period of tenancy as soon the least agreement expires. This type of tenancy may expiry only at the will of any of the parties. Hence, option C is incorrect.

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In 1966, Arketex Ceramic Corp. sold land in rural Indiana to Malcolm Aukerman. The deed described the southern boundary as the section line between sections 11 and 14 of the land. Farther south than this section line stood a dilapidated fence running east to west. Aukerman and Arketex both believed that this fence was the actual southern boundary of his new land, though in fact it lay on Arketex's property. Aukerman installed a new electrified fence, cleared the land on "his" side of the new fence, and began to graze cattle there. In 1974, Harold Clark bought the land that bordered Aukerman's fence, assuming that the fence was the correct boundary. In 1989, Clark had his land surveyed and discovered that the true property line lay north of the electric fence. Aukerman filed suit, seeking a court order that he had acquired the disputed land by adverse possession. The statutory period in Indiana is 20 years. Who wins? Who ought to win? Does adverse possession make sense as a social policy? Why or why not?
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ETHICS During the Great Recession, home foreclosures hit an all-time high. In many instances, banks ended up as landlords and property managers, a job for which they were ill-prepared. As a result, many homes were abandoned for long periods. Some people who knew a little bit about adverse possession decided to take advantage of this ancient common law doctrine: They shamelessly occupied vacant homes, claiming them as their own, changing locks, and purchasing electricity. The new residents argued that they were not hurting anyone and acting within the bounds of the law. In response, some states lengthened the time period necessary for adverse possession. Examine the squatters' ethics. What do you think of their behavior? Does your opinion vary if the squatters were the home's former owners? What if the banks were ignoring the home? What would Kant and Mill say?
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Donny Delt and Sammy Sigma are students and roommates. They lease a house in a neighborhood near campus. Few students live on the block. The students do not have large parties, but they often have friends over at night. The friends sometimes play high-volume music in their cars and sometimes speak loudly when going to and from their cars. Also, departing late-night guests often leave beer cans and fast-food wrappers in the street. Neighbors complain about being awakened in the wee hours of the morning. They are considering filing a nuisance lawsuit against Donny and Sammy. Would such an action be reasonable? Do you think Donny and Sammy are creating a nuisance? If so, why? If not, where is the line-what amount of late-night noise does amount to a nuisance?
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Quick, Onyx, and Nash were deeded a piece of land as tenants in common. The deed provided that Quick owned one-half the property and Onyx and Nash owned one quarter each. If Nash dies, the property will be owned as follows: (a) Quick 1?2, Onyx 1?2 (b) Quick 5?8, Onyx 3?8 (c) Quick 1?3, Onyx 1?3, Nash's heirs 1?3 (d) Quick 1?2, Onyx 1?4, Nash's heirs 1?4
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A tenant renting an apartment under a three-year written lease that does not contain any specific restrictions may be evicted for: (a) counterfeiting money in the apartment. (b) keeping a dog in the apartment. (c) failing to maintain a liability insurance policy on the apartment. (d) making structural repairs to the apartment.
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When landlords wrongfully withhold security deposits, they can often be sued for three times the amount of the security deposit. Is this reasonable? Should a landlord have to pay $3,000 for a $1,000 debt? What if you fail to pay a rent on time? Should you have to pay three times the amount of your normal rent? If your answers to these two questions are different, why?
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Imagine that you sign a lease and that you are to move into your new apartment on August 15. When you arrive, the previous tenant has not moved out. In fact, he has no intention of moving out. Should the landlord be in charge of getting rid of the old tenant, or should you have the obligation to evict him?
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Kenmart Realty sued to evict Mr. and Ms. Alghalabio for nonpayment of rent and sought the unpaid monies, totaling several thousand dollars. In defense, the Alghalabios claimed that their apartment was infested with rats. They testified that there were numerous rat holes in the walls of the living room, bedroom, and kitchen, that there were rat droppings all over the apartment, and that on one occasion, they saw their toddler holding a live rat. They testified that the landlord had refused numerous requests to exterminate. Please rule on the landlord's suit.
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