Chapter 06 : Commercial and Residential Tenancies Flashcards
Commercial and Residential Tenancies
A landlord may end a periodic tenancy if he or she intends, in good faith, to occupy the premises, by providing the tenant with _____ months’ notice.
A landlord may end a periodic tenancy if he or she intends, in good faith, to occupy the premises, by providing the tenant with two months’ notice.
A landlord of residential premises may collect up to one-half of one month’s rent as a security deposit.
(1) True
(2) False
A landlord of residential premises may collect up to one-half of one month’s rent as a security deposit.
Answer: True
A ________ is a lease by which a tenant grants to a third party an interest in the property less than his or her own interest under the original lease.
A sublease is a lease by which a tenant grants to a third party an interest in the property less than his or her own interest under the original lease.
A tenancy at will is a tenancy where the tenant, with the consent of the landlord, occupies property as a tenant for a term which can be ________ by either party at ___ ____.
A tenancy at will is a tenancy where the tenant, with the consent of the landlord, occupies property as a tenant for a term which can be terminated by either party at any time.
Which of the following regarding distress is false when considering commercial tenancies?
(1) The landlord is able to seize a tenant’s personal property.
(2) The landlord is able to sell a tenant’s personal property.
(3) It is a legal term used to recover arrears of rent.
(4) It is a situation where a person is forced into a contract against his/her will by threat of imprisonment or physical harm.
(4) It is a situation where a person is forced into a contract against his/her will by threat of imprisonment or physical harm.
This statement is false, as distress in this case refers to a landlord’s right to seize and sell all of a tenant’s personal property in order to recover arrears of rent. All other statements are true.
Distress is an effective remedy for landlords of residential premises for the non-payment of rent by their tenants.
(1) True
(2) False
Distress is an effective remedy for landlords of residential premises for the non-payment of rent by their tenants.
Answer : False.
While effective for commercial landlords, section 26(3) of the Residential Tenancy Act abolishes this remedy for non-payment of rent in residential tenancies.
In legal terms, what does it mean to assign something?
In legal terms, what does it mean to assign something?
To assign is to transfer over to another.
(e.g., “I assign all right, title and interest in Blackacre to my wife, Elaine.”)
Which of the following is false regarding a lease?
(1) The one who grants the lease is called the lessor.
(2) The one to whom the lease is granted is called the lessor.
(3) A lease grants exclusive possession of land to another.
(4) A lease extends over a specified term.
(2) The one to whom the lease is granted is called the lessor. This statement is false, as the one to whom the lease is granted is called the lessee.
All other statements are true.
In a periodic tenancy, what occurs on the last day of the term?
In a periodic tenancy, the tenancy automatically renews itself on the last day of the term for a further term of the same duration until terminated by either party.
What is a tenancy agreement?
A tenancy agreement is the term used in the Residential Tenancy Act to refer to a contract between a landlord and a tenant, pertaining to the letting of residential premises.
