Chaper 6 - Commericial And Residential Tenancies Flashcards
Name the following:
An instrument granting exclusive possession of the land to another for a specific term, usually at a rent
Lease
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
A License
Between a lease and a license, which one “runs with the land”
Lease
Between a lease and a license which one creates a relationship between land lord and tenant
Lease
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
3 years
How many days must a copy of the written tenancy agreement be provided to a renter in a residential agreement?
No more than 21 days after the agreement is entered into
At the end of a commercial lease term what happens?
The term automatically ends
At the end of a fixed term lease in a residential setting, if neither party terminates the lease what happens?
The agreement continues on a month-to-month basis
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
Periodic Tenancy
Who can end a commercial periodic tenancy agreement and how?
Either party, by giving reasonable notice to the other party
Define “reasonable notice”
One rental period for weekly or monthly rentals, and six months for a yearly rental
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?
5 days
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
10 days.
Example, I post the note on March 3, they have till march 8 to pay or by march 13th the agreement ends
IF a landlord is going to end tenancy for any liable reason, how much notice is given?
4 months notice and cannot be earlier than the date specific as the end of date on the lease.
When a landlord ends a tenancy how much must the pay, and when?
1 months compensation on or before the effective date of notice
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
Tenancy at will
What are the legal restrictions on a commercial tenancy security deposit
There are no legal restrictions regarding security deposits in a commercial application
What is the most effective common law remedy for a commercial land lord to satisfy outstanding rent
distress - by seizing the tenants goods and selling them
What is mitigation?
A principle requiring that a party who has suffered loss the reasonable action to minimize the amount suffered
