Exam 24: Landlord and Tenant

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What is the difference between an assignment of a lease and a sublease?

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A tenant generally has a right to assign the lease. However, because the reputation of a tenant is important to the landlord, the right to assign is usually subject to the consent of the landlord. It is usually implied, however, that this consent will not be unreasonably withheld. When a tenant assigns the lease to a third party, the tenant does not by such assignment terminate his or her contractual obligations under the lease. The tenant may still be held liable for the performance of the obligations under the lease if the assignee fails to perform. While an assignment of a lease is a transfer of the whole o the remainder of the tenant's term to the assignee, a sublease is a transfer of only a part of the tenant's term to the subtenant.
Unlike an assignment, a sublease may differ from the main lease in a variety of ways, including the rent payable, and the extent of the premises sublet. In both an assignment and a sublease, the tenant remains ultimately liable for the performance of the obligations under the lease in the event that the assignee or the sublessee do not pay.

Which of the following is not a typical covenant of the tenant in a lease?

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E

What is a periodic tenancy?

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A tenancy that expires on a specific day.

Waste, in connection with leased premises, refers to garbage bought onto the premises by third parties.

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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.

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Explain the tenant's covenant regarding assigning.

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What are some of the major changes in the law regarding residential tenancies?

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Michael buys a piece of land on which he wishes to build a home. The land is surrounded by a fence. The fence is not included in the land.

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

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A periodic tenancy renews itself automatically.

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The abandonment by the tenant of the premises during the term of the lease is called

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Who is an overholding tenant?

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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. If at the end of the month Jack does not vacate the premises and the landlord does not agree to Jack staying on, Jack becomes an

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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

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A periodic lease can end:

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The right of the landlord to seize the assets of the tenant to sell them to realize rental arrears is called

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Waste, in connection with leased premises, refers to

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What is a tenancy at will?

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Which of the following is not true?

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Privity of contract and privity of estate are the same.

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