Chaper 6 - Commericial And Residential Tenancies

Question 1

Name the following:

An instrument granting exclusive possession of the land to another for a specific term, usually at a rent

Answer 1

Lease

Question 2

Name the following:
With respect to real property, a privilege to enter onto a premises for a certain purpose. However, this privilege does not confer upon the licensee any tittle, interest, or estates in the property

Answer 2

A License

Question 3

Between a lease and a license, which one “runs with the land”

Answer 3

Lease

Question 4

Between a lease and a license which one creates a relationship between land lord and tenant

Answer 4

Lease

Question 5

Commercial leases over how many years must comply with section 59 of the law and equity act which requires them to be in writing if they are to be enforceable

Answer 5

3 years

Question 6

How many days must a copy of the written tenancy agreement be provided to a renter in a residential agreement?

Answer 6

No more than 21 days after the agreement is entered into

Question 7

At the end of a commercial lease term what happens?

Answer 7

The term automatically ends

Question 8

At the end of a fixed term lease in a residential setting, if neither party terminates the lease what happens?

Answer 8

The agreement continues on a month-to-month basis

Question 9

Name the following:

A tenancy which automatically renews itself on the last day of the term for a further term of the same duration unless terminated by either party

Answer 9

Periodic Tenancy

Question 10

Who can end a commercial periodic tenancy agreement and how?

Answer 10

Either party, by giving reasonable notice to the other party

Question 11

Define “reasonable notice”

Answer 11

One rental period for weekly or monthly rentals, and six months for a yearly rental

Question 12

If a landlord posts a notice due to the tenant not paying rent, how many days do they have to pay to cancel the notice?

Answer 12

5 days

Question 13

How many days after you post the notice to end tenancy can you kick the tenant out shall they not pay 5 days after the note is issues

Answer 13

10 days.

Example, I post the note on March 3, they have till march 8 to pay or by march 13th the agreement ends

Question 14

IF a landlord is going to end tenancy for any liable reason, how much notice is given?

Answer 14

4 months notice and cannot be earlier than the date specific as the end of date on the lease.

Question 15

When a landlord ends a tenancy how much must the pay, and when?

Answer 15

1 months compensation on or before the effective date of notice

Question 16

Define “ a tenancy where the tenant with the consent of the landlord occupies land as. A tenant for a term which can be terminated by either party at any time

Answer 16

Tenancy at will

Question 17

What are the legal restrictions on a commercial tenancy security deposit

Answer 17

There are no legal restrictions regarding security deposits in a commercial application

Question 18

What is the most effective common law remedy for a commercial land lord to satisfy outstanding rent

Answer 18

distress - by seizing the tenants goods and selling them

Question 19

What is mitigation?

Answer 19

A principle requiring that a party who has suffered loss the reasonable action to minimize the amount suffered