Chapter 6

Question 1

What is a lease

Answer 1

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

Question 2

Licence

Answer 2

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

Question 3

When attempting to determine whether a particular agreement has created a licensee or a lease the best method is to

Answer 3

Use the agreement the surrounding circumstances and the purpose behind the agreement is to determine the intention of the agreement

Question 4

Main difference between a Lee’s and a licensee

Answer 4

The Supreme Court of Canada hell that whether in agreement creates a lease or a license is a matter of intention

Question 5

Fixed tenancy

Answer 5

Terms runs for a predetermined period of time

Question 6

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

Answer 6

If the tenant continues to occupy the premises the tenants will presume to have been renewed on a month-to-month basis

Question 7

Periodic Tenancy

Answer 7

Auto renew at the end of the period for a new period of the same length

Question 8

Tenancy at will only commercial

POP UP SHOPS

Answer 8

Tenant, consent of the landlord occupies the land as a tenant for a term which will be terminated by either party at any time

Question 9

Tenancy at Sufferance

Answer 9

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

Question 10

Terms runs for a pre-determined period of time is known as

Answer 10

Fix tenancy

Question 11

Distress means

Answer 11

Seas and sell tenets belong to cover debt only in commercial

Question 12

Mitigation

Answer 12

The party claiming the compensation must do whatever is reasonable to minimize loss of damage

Commercial - common law

Tenant protected Residential Act

Question 13

Assign

Answer 13

Means you will give your person the remainder of your lease if you were going to Mexico

Question 14

Sublet

Answer 14

Tenant grants to a third-party an interest in the property that is less than the tenant on interest in the least

Question 15

Sublet

Answer 15

Cannot sublet without a written consent

Question 16

Which of the following statements concerning commercial Tenancies is false?

Answer 16

A commercial tenant is free to sell it or sign the lease unless there is a Specific prohibition against doing so in the lease

Question 17

Quiet enjoyment

Answer 17

A tenant right to reasonable privacy exclusive position and freedom from unreasonable disturbance

Question 18

Quiet enjoyment

Commercial

Answer 18

Others cannot claim an interest in the property

DEFECTIVE TITLE

Question 19

With respect to commercial tenancies the covenant of quiet enjoyment is

Answer 19

And insurance to the tenant against the consequences of the Detective title involved the landlord or those lawfully claiming under the landlord

Question 20

Derogation from Grant

Answer 20

Cannot prejudice take away any tenant rights.

Question 21

Interesse Termini

Answer 21

No Estate in land passes until the tenant enter into possession of the leased premises.

Question 22

Tenancy termination by a landlord

Answer 22

10 day notice

One month notice for cause
Security deposit
Late rent

2 months - landlord uses +1months

4months - Reno’s + 1month rent

Question 23

Which of the following is not an example of a situation in which a landlord can and a Tenancy agreement cause

Answer 23

The premises must be vacated to allow the renovations that cannot be performed while the premises are occupied