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Chapter 23 Questions

Chapter 23 Questions - Chapter 23 Questions 1 What are the...

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Chapter 23 Questions 1. What are the four elements that are necessary for the creation of landlord-tenant relationship? a. Consent of the landlord to the occupancy by the tenant b. Transfer of possession and control of the property to the tenant in an inferior position (insubordination) to the rights of the landlord c. The right by the landlord to the return of property called the right of reversion d. The creation of an ownership interest in the tenant known as a leasehold estate e. Either an express or implied contract between the parties that satisfies all the essentials of a valid contract (mutual assent, competent parties, consideration, lawful purpose). 2. How does a lease compare with a license and with lodging? A lease differs from a license in that a lease gives an interest in real property, and transfers possession. A license confers a personal privilege to act and not present possessory estate, it does not run with the land is usually not transferable; it can be made orally or in writing and may be given without consideration. A license gives no property right or ownership in interest in the property but merely allows the licensee to do certain acts that otherwise would be considered a trespass. A lodger is one who has use of the property without actual or exclusive possession of it. Unlike a tenant, a lodger has no
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