FL Real Property Distinctions Flashcards Preview

Bar Rules > FL Real Property Distinctions > Flashcards

Flashcards in FL Real Property Distinctions Deck (18)
Loading flashcards...
1

Either party may terminate a year-to-year residential periodic tenancy by giving how much notice?

A Not less than 30 days’ notice prior to the end of any annual period.

B Not less than 60 days’ notice prior to the end of any annual period.

C Not less than 90 days’ notice prior to the end of any annual period.

D
Not less than 120 days’ notice prior to the end of any annual period.

B Not less than 60 days’ notice prior to the end of any annual period.

Either party may terminate a year-to-year residential periodic tenancy by giving notice not less than 60 days prior to the end of any annual period. To terminate a residential tenancy based on the tenant’s material noncompliance with duties created by the lease or by the residential landlord and tenant statute, the landlord must give notice by mailing or delivery of a true copy thereof or, if the tenant is absent from the premises, by leaving a copy thereof at the residence.

2

What type of tenancy automatically results when a nonresidential tenant wrongfully remains in possession of the premises by not renewing the written lease after it expires?

A A terminated tenancy results.

B A tenancy eviction results.

C A periodic tenancy results.

D A tenancy at sufferance results.

D A tenancy at sufferance results.

When a nonresidential tenant wrongfully remains in possession of the premises after the expiration of a written lease without renewing the lease by some further written instrument, a tenancy at sufferance results. The mere payment or acceptance of rent is not construed to be a renewal of the term.

3

What is the only way a landlord may remove a tenant?

A An action for trespassing filed in the county court.

B An action for tenancy at sufferance filed in court.

C An action for possession filed in the county court.

D An action for constructive eviction filed in court.

C An action for possession filed in the county court.

In Florida, the landlord may remove the tenant only by means of an action for possession filed in the county court.

4

Florida does not allow the landlord to use:

A Forcible termination.
B Forcible entry.
C Forcible contribution.
D Forcible severance.

B Forcible entry.

Florida does not allow forcible entry (i.e., self-help by the landlord). The landlord may retake the premises only through an action for possession filed in the county court.

5

If the tenant fails to pay rent when due, the landlord may:

A Terminate the agreement three days after written demand for payment of the rent or possession of the premises.

B Terminate the agreement five days after written demand for payment of the rent or possession of the premises.

C Terminate the agreement ten days after written demand for payment of the rent or possession of the premises.

D Terminate the agreement fifteen days after written demand for payment of the rent or possession of the premises.

A Terminate the agreement three days after written demand for payment of the rent or possession of the premises.

If the tenant fails to pay rent when due, the landlord may terminate the agreement three days after written demand for payment of the rent or possession of the premises.

6

If a residential landlord fails to comply with his statutory repair obligations and the tenant gives the landlord written notice specifying the noncompliance, how many days does the landlord have to comply with the repair obligation?

A Within five days after delivery of the written notice or the tenant may terminate the rental agreement.

B Within seven days after delivery of the written notice or the tenant may terminate the rental agreement.

C Within ten days after delivery of the written notice or the tenant may terminate the rental agreement.

D Within fifteen days after delivery of the written notice or the tenant may terminate the rental agreement.

B Within seven days after delivery of the written notice or the tenant may terminate the rental agreement.

If the residential landlord fails to comply with his statutory repair obligations, the tenant must give the landlord written notice specifying the noncompliance. If the landlord fails to comply within seven days after delivery of the written notice, the tenant may terminate the rental agreement. The tenant may raise the landlord’s failure to maintain the premises as a defense to an action for possession only if seven days have elapsed after the tenant provides written notice to the landlord, resident manager, or person or entity collecting the rent of the failure to comply.

7

How many days must a nonresidential tenant give his landlord to make a specifically described repair?

A At least 5 days.

B At least 10 days.

C At least 15 days.

D At least 20 days.

D At least 20 days.

After written notice to the landlord, a nonresidential tenant may withhold rent if: (i) the lease places an affirmation duty on the landlord to effect repairs and maintain the premises but is silent on the procedure to be followed to effect the repairs, and (ii) the premises are rendered wholly unlivable because the landlord has not fulfilled the obligation. This notice must give the landlord at least 20 days to make the specifically described repair or maintenance and must state the tenant’s intention to withhold the rent for the next rental period or periods.

8

An implied grant of way of necessity arises only where:

A A unit of title exists from a common source.

B A continued use of the property exceeds one year.

C A twenty year statute of limitation has run on the land.

D An entrance or exit is the reasonable way to travel.

A A unit of title exists from a common source.

Florida recognizes the common law rule of an implied grant of a way of necessity. Such an implied grant or easement exists where there is no other reasonable way of entrance or exit and the easement is reasonably necessary for the beneficial use or enjoyment of the part granted or reserved. An implied grant arises only where a unit of title exists from a common source.

9

In Florida, a lis pendens notice generally expires:

A One year after commencement of the action.

B Two years after commencement of the action.

C Three years after commencement of the action.

D Four years after commencement of the action.

A One year after commencement of the action.

In Florida, a lis pendens notice generally expires one year after commencement of the action. However, a court may extend the time on reasonable notice and for good cause.

10

Florida does not follow the general rule that a subsequent purchaser must show that he lacked actual notice. Instead, there is a presumption that:

A A person acquiring a subsequent interest in the property took it and had good faith that lacked notice of the instrument.

B A person acquiring an interest in the property subsequently took in good faith and had notice of a recorded instrument.

C A person subsequently acquiring an interest in the property took in good faith and lacked notice of an unrecorded instrument.

D A person acquiring an interest in the property took in good faith and subsequently had notice an instrument was recorded.

C A person subsequently acquiring an interest in the property took in good faith and lacked notice of an unrecorded instrument.

Florida does not follow the general rule that a subsequent purchaser must show that she lacked actual notice, even though it has a notice-type statute. Instead, there is a presumption that a person subsequently acquiring an interest in the property took in good faith and lacked notice of an unrecorded instrument. The burden is on the claimant under the unrecorded instrument to show actual knowledge.

11

Florida’s recording act has been construed to protect:

A Lien and Judgment creditors.

B Donees and Devisees.

C Subsequent purchaser with notice.

D Heirs and their Assigns.

A Lien and Judgment creditors.

Florida’s recording act has been construed to protect lien and judgment creditors and subsequent purchasers without notice who have paid a valuable consideration. Florida’s judgment lien statute provides for a 10-year lien.

12

A sophisticated purchaser of commercial property whose contract contains an “as is” clause does NOT have a cause of action for fraud if?

A He had little opportunity to conduct inspections and could have discovered a defect through the exercise of ordinary diligence.

B He had no opportunity to conduct inspections and could not have discovered a defect through the exercise of ordinary diligence.

C He had ample opportunity to conduct inspections and could not have discovered a defect through the exercise of ordinary diligence.

D He had ample opportunity to conduct inspections and could have discovered a defect through the exercise of ordinary diligence.

D He had ample opportunity to conduct inspections and could have discovered a defect through the exercise of ordinary diligence.

Florida district courts have established a different rule for sales of commercial property. In these cases, a sophisticated purchaser whose contract contains an “as is” clause does not have a cause of action for fraud if he had ample opportunity to conduct inspections and could have discovered a defect through the exercise of ordinary diligence.

13

The seller of new or used real property has the affirmative duty to:

A Disclose facts material to the seller that will affect the value of the property and would be known to a purchaser.

B Disclose facts materially affecting the purchaser’s value of the property that are not readily observable or known to a purchaser.

C Disclose facts materially affecting the property that are observable or known to the purchaser as well facts that are unknown.

D Disclose facts materially affecting the value of the property that are not readily observable or known to a purchaser.

D Disclose facts materially affecting the value of the property that are not readily observable or known to a purchaser.

The Florida Supreme Court has held that a seller of new or used real property has an affirmative duty to disclose facts materially affecting the value of the property that are not readily observable or known to a purchaser.

14

Florida's Statute of Frauds requires that real estate be conveyed only by a written instrument:

A Signed in the presence of two witnesses.

B Signed in the presence of one subscribing witness.

C Signed in the presence of one witness.

D Signed in the presence of two subscribing witnesses.

D Signed in the presence of two subscribing witnesses.

Florida's Statute of Frauds requires that real estate be conveyed only by a written instrument signed in the presence of two subscribing witnesses.

15

For possession under color of title to be adverse:

A The instrument of conveyance must be recorded in the official county records office and adequately
described.

B The instrument of conveyance must adequately describe the name of the property and be properly noticed in the county.

C The instrument of conveyance must be properly produced and signed and be placed into the county official records.

D The instrument of conveyance must adequately describe the property and be properly recorded in the official county records.

D The instrument of conveyance must adequately describe the property and be properly recorded in the official county records.

For possession under color of title to be adverse, the instrument of conveyance must adequately describe the property and be properly recorded in the official county records.

16

If occupation of the premises arose under color of title, one way the property will be considered possessed is if:

A The property is used for beneficial use or enjoyment of the part granted.

B The property has a transfer fee covenant that requires payment of a transfer fee.

C The property including all contiguous land is protected by a substantial enclosure.

D The property has a covenant which prevents certain actions on the property.

C The property including all contiguous land is protected by a substantial enclosure.

If occupation of the premises arose under color of title founded on a written instrument or a judgment or decree of a court, property will be considered possessed when it has been: (i) Usually cultivated or improved; (ii) Protected by a substantial enclosure (all contiguous land protected by the enclosure will be included); (iii) Used for the supply of fuel or fencing timber for husbandry or for the ordinary use of the occupant; or (iv) Partly improved if the part is of a known or single farm. The part that has not been cleared or enclosed is to be considered as occupied for the same length of time as the part improved or cultivated.

17

One way a homeowner’s association can enforce a restrictive covenant is:

A If the individual property owners have standing to enforce such covenants.

B If the association is a successor to the developer’s right of enforcement.

C If the covenant was expressly created for each individual property owner.

D If the association does not have standing to sue as their representative.

B If the association is a successor to the developer’s right of enforcement.

A homeowner’s association cannot enforce a restrictive covenant unless the association is a successor to the developer’s right of enforcement or the covenant was expressly created for its benefit. While the individual property owners have standing to enforce such covenants, the association does not have standing to sue as their representative.

18

In Florida, the time period necessary to acquire a prescriptive easement is:

A 7 Years.
B 10 Years.
C 20 Years.
D 30 Years.

C 20 Years.

Although a statute regarding adverse possession establishes a seven-year period of limitation, Florida courts have held that the common law 20-year limitation period is applicable to easements.