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Property Practice Exam

Instructions:
Read the following fact pattern, and answer the question. Give yourself 60 minutes to complete this exam. Do not go over the time limit.

We recommend that you take this exam only after you have completed your study of Landlord-Tenant issues. If necessary, review the Property Rules of Law before starting this exam.

Once you have completed the practice exam in the time allotted, then compare your answer with this Property Sample Answer.


Property Fact Pattern

Theresa was about to start her first year of law school in a new city. While visiting the school in June, she entered into a one-year lease for an apartment with Larry, a landlord. The lease stated that rent was to start on September 1 and that rent of $500 was due at the first of each month.

Theresa showed up at the apartment on September 1, having already paid the first month's rent, with a rental truck loaded with her furniture but she was unable to move in because Harry was still living there. Theresa immediately called Larry and informed him of the situation. Larry said, "It's not my problem." Theresa checked into a motel and kept her furniture in the rental truck incurring additional charges on the rental truck. Two weeks later, Harry moved out of the apartment, and Theresa moved into the apartment on September 15.

On October 15 just as the weather began to turn cold, L turned off the heat and hot water to the apartment because T had not paid her rent on October 1. T insisted that L owed her for the two weeks in September that she was unable to live in the apartment. On investigating the lack of hot water, T noticed that the roof leaked. She did not inform L about the leak. T had to pay for a gym membership to take a hot shower every day.

On November 15, Theresa had become disgusted with the cold water and moved out of the apartment without ever having paid October or November rent. She immediately informed Larry of her reasons. Larry didn't do anything until December 1 when he finally inspected the apartment and discovered the leak. During the period of November 15 to December 1, there had been substantial rains and the leak caused considerable damage to the apartment. Larry fixed the leak and hot water, and put a one-line ad on the Internet looking for a tenant. The ad cost Larry $10. No one rented the apartment until February 1.

Question: What are the rights and obligations of both the Landlord and the Tenant?


Once you have completed the practice exam in the time allotted, then compare your answer with this Property Sample Answer.


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