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The following Essay Questions are taken from the Real Property volume of Siegel’s Essay & Multiple-Choice Questions and Answers, published by Wolters Kluwer Law & Business. The full volume contains 30 essays (with model answers), as well as 114 multiple choice questions (Most of the essay questions were originally asked on the California Bar Exam, and are copyright the California Board of Bar Examiners, reprinted by permission.) The book is available from your bookstore, or by visiting www.wklegaledu.com.
QUESTION 1
Landlord rented a furnished apartment in his building to Tenant, a law student, for two years, beginning June 1. When Tenant arrived at the apartment on June 1, Ralph (the prior tenant) was still there. Tenant complained to Landlord and Landlord was able to evict Ralph on June 15. Tenant went into possession of the apartment on June 16. During early July, some children playing baseball broke a windowpane in Tenant’s apartment. Tenant demanded that Landlord replace the windowpane, but Landlord refused. Rain, which subsequently came through the broken pane, caused damage to the living room floor, which began to warp.
The apartment above Tenant’s was occupied by Charlie, a member of a famous rock group (The Charles River). The daily rehearsals (typically 2:00-6:00 p.m.) of this group interfered with Tenant’s law studies so much that he complained repeatedly to Landlord. On July 15, three of Charlie’s friends (the other members of Charlie’s band) were arrested at Charlie’s apartment and charged with possession of narcotics. The noise stopped immediately thereafter.
On August 30, Tenant discovered that the stove in his apartment was no longer functioning. On August 31, Tenant, disgusted with all these events, knocked on Landlord’s door, tendered the key to Landlord, and said, “This place is a zoo; I wouldn’t live here if you paid me!” Landlord took the key without saying a word. Landlord now comes to you wanting to sue Tenant for the accrued (Tenant has yet to pay any rent) and prospective rent. What would you advise Landlord? Discuss.