Test: Lease of Immovable Property - CLAT PG MCQ

If the lessor accepts rent after issuing a notice to quit, this action waives the notice, meaning the lessor cannot proceed with the eviction. This principle protects lessees from sudden eviction when they are continuing to fulfill their rental obligations.

A lease creates a legal interest in the property, granting the lessee exclusive possession and the right to enjoy the property according to the lease terms. Unlike a license, which merely grants permission, a lease establishes a more secure and defined relationship between the lessor and lessee.

A license does not create any interest in the property; it merely grants permission to use the property under specific conditions. In contrast, a lease establishes a legal interest, while exchanges and mortgages also create interests in the property.

Merger happens when the lessee acquires ownership of the property, effectively combining the rights of the lessor and lessee into one entity. This process terminates the lease because the interests in the property are merged.

An exchange involves the mutual transfer of ownership of one property for another, which may include money as part of the transaction. This legal concept is similar to a sale but specifically pertains to the exchange of properties rather than just financial transactions.

The right to ingress and egress allows the lessee to enter and exit the property freely. This right is essential for the lessee to utilize the property fully, including the right to harvest crops grown during the lease.

The lessee has the right to void the lease if a significant part of the property is destroyed, provided this destruction is not due to the lessee's actions. This right protects lessees from being bound to a lease for a property that has become unusable.

A lease can be terminated by forfeiture if the lessee violates specific conditions set in the lease, such as making unauthorized alterations. The lessor must provide notice to quit in such cases before termination can occur.

A lease for one year or more must be documented in writing and subsequently registered to be legally enforceable. This requirement helps to ensure clarity about the terms of the lease and protects the rights of both parties involved.

A voidable lease allows the lessee to terminate the agreement if a significant portion of the property is destroyed, provided they are not responsible for the damage. This legal protection gives lessees recourse in unfortunate circumstances affecting the property.

The transfer of an actionable claim must be executed through a written instrument. This requirement helps to formalize the transfer and ensures that the rights of the transferor are clearly conveyed to the transferee.

If the lessor fails to make necessary repairs, the lessee can undertake the repairs themselves after giving reasonable notice and subsequently deduct the costs from the rent or seek reimbursement. This right helps ensure the property remains in good condition.

The lessor is obligated to inform the lessee about any material or latent defects in the property. This duty ensures that the lessee can make an informed decision about taking possession of the property and protects them from unforeseen issues.

A claim to a copyright is classified as an actionable claim because it represents a legal right that can be enforced in court. Actionable claims generally involve rights to receive a benefit or payment that can be legally pursued.

The fundamental distinction is that a lease creates an interest in the property, providing the lessee with exclusive possession, while a license simply permits the licensee to use the property without creating any interest in it.