Exam 22: Landlord and Tenant

Who is an overholding tenant?

Mary's tenancy is due to end on June 2,2003.On that date,Mary does not leave the premises and pays the landlord rent for another month.The term certain tenancy is converted into a

Jack is on vacation and enters into an agreement with the owner of a home.He will reside in one of the rooms in the home and will share the kitchen with the other tenants.He will vacate the premises at the end of his vacation,in one month.Jack's tenancy is a term certain tenancy.

Jack rents an apartment and fixes a television stand to the wall.The stand enables the television to be placed close to the wall as opposed to on a table or on the ground.Is the television stand considered to be a fixture? Explain.

Explain why today legislation has been enacted to provide greater protection to residential tenancies and not to commercial tenancies.

If a tenant abandons residential premises,in some provinces the landlord must attempt to find a new tenant in order to mitigate damages.

Mary's tenancy is due to end on June 2,2013.On that date Mary does not leave the premises and pays the landlord rent for another month.The term certain tenancy is converted into a tenancy at sufferance.

Mary's tenancy is due to end on June 2,2013.On that date Mary does not leave the premises.The term certain tenancy is converted into a tenancy at will.

Bill operates a small skate sharpening business in the local mall.The lease is for five years with an option to renew for a further five years.After taking possession,Bill brings into the premises a skate sharpening machine which is fastened to the floor with four bolts.He carries on business for five years and decides to relocate.Bill does not exercise the option to renew.He removes the skate sharpening machine the day before the lease expires and repairs the four holes in the floor so as to prevent any damage.His landlord learns that the skate sharpening machine has been removed and threatens to sue Bill alleging that he removed a fixture which belonged to the landlord.The landlord tells Bill that he has rented the premises to a new tenant and "sold" the skate sharpening machine to the new tenant.In this case

The only covenant binding on a landlord is the covenant to pay rent.

Jack enters into a lease with Mary,his landlord.The terms of the lease are very generous to Jack.Six months later,Mary sells the home and transfers all her interest to the new owner.Explain how the new owner can receive both the rights and duties of the former landlord when Jack was not a party to the sale of the home and did not consent to it.

The right of the landlord to distrain is also sometimes referred to as

A normal assignment of lease by a tenant leaves the tenant liable to the landlord in the event of a breach or default by the assignee.Explain a practical solution to such a situation to relieve the tenant of liability and list one qualification to it.

A lease can be brought to an end if both the landlord and the tenant sign a surrender of lease agreement.

Edward enters into a lease with Charles to rent commercial property and use it as a convenience store.The lease is for a term of five years.After a couple of months,Edward's business is not doing very well,so Edward decides to assign the lease to John,who makes his rent payments directly to Charles.In this case

A orally agrees with B to lease an office in B's building for four years.A moves in and renovates the office and also pays monthly rent to B pursuant to their agreement.B now decides to arbitrarily tell A to leave because there is no lease.If A wants to make B specifically perform the lease,a court will most likely find that

A financial arrangement enabling a business to buy a building and sell it to a financial institution that,in turn,gives a long-term lease of the property back to the business is known as

A financial arrangement that enables a business to purchase a house and sell it to a financial institution that in turn gives a long-term lease of the property back to the business is called

Where a tenant enters into a lease for a unit in a commercial plaza under which no one else in the plaza can carry on the same business,the lease contains a restrictive covenant.

Briefly describe the arguments for and against residential rent control.