Chapter 6 Flashcards
What is a lease
Interest in Land and estate in land
Create a relationship between the landlord and a tenant
Provides exclusive possession to tenant
If the property is sold cannot cancel the lease
Licence
Hotel
no relationship between a landlord and tenant
(False - licensee & licensor)
Cannot rely on Residential Tenancy Act
If the property is SOLD- Can cancel the lease
When attempting to determine whether a particular agreement has created a licensee or a lease the best method is to
Use the agreement the surrounding circumstances and the purpose behind the agreement is to determine the intention of the agreement
Main difference between a Lee’s and a licensee
The Supreme Court of Canada hell that whether in agreement creates a lease or a license is a matter of intention
Fixed tenancy
Terms runs for a predetermined period of time
At the end of a fixed term Tennessee agreement if the Tennessee agreement does not require the tenant to vacate the premises at the end of the term well
If the tenant continues to occupy the premises the tenants will presume to have been renewed on a month-to-month basis
Periodic Tenancy
Auto renew at the end of the period for a new period of the same length
Tenancy at will only commercial
POP UP SHOPS
Tenant, consent of the landlord occupies the land as a tenant for a term which will be terminated by either party at any time
Tenancy at Sufferance
Landlord refuses to except rent from his tenants due to hold over after the lease expires. Double the rent if they don’t move out
Terms runs for a pre-determined period of time is known as
Fix tenancy
Distress means
Seas and sell tenets belong to cover debt only in commercial
Mitigation
The party claiming the compensation must do whatever is reasonable to minimize loss of damage
Commercial - common law
Tenant protected Residential Act
Assign
Means you will give your person the remainder of your lease if you were going to Mexico
Sublet
Tenant grants to a third-party an interest in the property that is less than the tenant on interest in the least
Sublet
Cannot sublet without a written consent
Which of the following statements concerning commercial Tenancies is false?
A commercial tenant is free to sell it or sign the lease unless there is a Specific prohibition against doing so in the lease
Quiet enjoyment
A tenant right to reasonable privacy exclusive position and freedom from unreasonable disturbance
Quiet enjoyment
Commercial
Others cannot claim an interest in the property
DEFECTIVE TITLE
With respect to commercial tenancies the covenant of quiet enjoyment is
And insurance to the tenant against the consequences of the Detective title involved the landlord or those lawfully claiming under the landlord
Derogation from Grant
Cannot prejudice take away any tenant rights.
Interesse Termini
No Estate in land passes until the tenant enter into possession of the leased premises.
Tenancy termination by a landlord
10 day notice
One month notice for cause
Security deposit
Late rent
2 months - landlord uses +1months
4months - Reno’s + 1month rent
Which of the following is not an example of a situation in which a landlord can and a Tenancy agreement cause
The premises must be vacated to allow the renovations that cannot be performed while the premises are occupied
