Question 1

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

Accepted Answer

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 does not pay.

Question 2

Jack enters into a verbal 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 owner.He does not sign a formal lease,and he is advised that he can leave the premises at any time upon the provision of a month's notice.Likewise the landlord may ask him to leave the premises upon the provision of a month's notice.Jack's tenancy is tenancy at will.

Accepted Answer

A) True 
 B)False  False

Question 3

In the absence of an express provision in the lease,what property is a tenant entitled to remove at the end of the tenancy?

Accepted Answer

A tenant can remove its own chattels.The tenant can also remove trade or tenant's fixtures- objects that were brought on to the premises by the tenant and used in that tenant's own particular business,provided that the tenant can remove those fixtures without doing irreparable damage to the premises and that the tenant repairs any damage done during the process of removal.

Question 4

A rents his property to B for a term of five years.At the end of the term,A has not been able to rent the property out and simply permits B to continue to stay on the property without paying rent.In this case,B is

Accepted Answer

A) a tenant at will. 
B) a tenant at sufferance. 
C) a licensee. 
D) a periodic tenant. 
E) a trespasser. 
A) a tenant at will. 
B) a tenant at sufferance. 
C) a licensee. 
D) a periodic tenant. 
E) a trespasser.

Question 5

A landlord is permitted to exercise the right of eviction and simultaneously or subsequently exercise a right of distress only where the landlord has given proper notice at law.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A) a saleback. 
B) a leaseback. 
C) a mortgageback. 
D) a loanback. 
E) a purchaseback. 
A) a saleback. 
B) a leaseback. 
C) a mortgageback. 
D) a loanback. 
E) a purchaseback.

Question 7

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.

Accepted Answer

Fixtures are items that a fixed to the l

Question 8

A tenant cannot obtain an easement over the property of another.

Accepted Answer

A) True 
 B)False

Question 9

Use this fact situation to answer the related questions that follow. Albert entered into a commercial lease with a company for a term of 15 years,with an option to renew for a further term of 5 years.During the second year of the lease,the company entered into a 17-year lease with Harvey for the same building,but at a substantially increased rate of rent.Before entering into the lease,Harvey's lawyer conducted all proper searches related to the building and found no problems.
In this case,

Accepted Answer

A) Albert's lease has been extinguished. 
B) Albert's lease is now subject to Harvey's lease 
C) Albert's lease has become a licence. 
D) Albert will succeed in setting Harvey's lease aside. 
E) none of the above 
A) Albert's lease has been extinguished. 
B) Albert's lease is now subject to Harvey's lease 
C) Albert's lease has become a licence. 
D) Albert will succeed in setting Harvey's lease aside. 
E) none of the above

Question 10

A and B enter into a lease for B's property.Under the lease,which has no specific term,A makes his payments monthly.In this case,at the end of each month,

Accepted Answer

A) the lease becomes a license. 
B) the lease becomes a tenancy at sufferance. 
C) the lease becomes a tenancy at will. 
D) the lease comes to an end. 
E) the lease is automatically renewed for another month. 
A) the lease becomes a license. 
B) the lease becomes a tenancy at sufferance. 
C) the lease becomes a tenancy at will. 
D) the lease comes to an end. 
E) the lease is automatically renewed for another month.

Question 11

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,

Accepted Answer

A) the assignment to John makes only Edward liable to Charles for a breach of the lease. 
B) the assignment to John makes both Edward and John liable to Charles for a breach of the lease. 
C) the assignment to John makes only John liable to Charles for a breach of the lease. 
D) the assignment to John discharges the lease between Edward and Charles. 
E) none of the above 
A) the assignment to John makes only Edward liable to Charles for a breach of the lease. 
B) the assignment to John makes both Edward and John liable to Charles for a breach of the lease. 
C) the assignment to John makes only John liable to Charles for a breach of the lease. 
D) the assignment to John discharges the lease between Edward and Charles. 
E) none of the above

Question 12

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.

Accepted Answer

When a landlord sells his or her propert

Question 13

Jack enters into a verbal 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 owner.He does not sign a formal lease,and he is advised that he can leave the premises at any time without notice.Likewise the landlord may ask him to leave the premises at any time without notice.Jack's tenancy is tenancy at will.

Accepted Answer

A) True 
 B)False

Question 14

What is a tenancy at will?

Accepted Answer

A tenancy at will is a tenancy in which

Question 15

Use the fact situation in Q10 to answer the related question that follows . If Albert had wanted to better protect himself when he entered into his lease,Albert should have

Accepted Answer

A) posted notices inside the building stating that he had a lease with the company. 
B) published notice of the lease in the local newspaper. 
C) registered the lease on title of the building. 
D) made sure the company could not gain entry into the building. 
E) obtained an indemnity agreement from Harvey. 
A) posted notices inside the building stating that he had a lease with the company. 
B) published notice of the lease in the local newspaper. 
C) registered the lease on title of the building. 
D) made sure the company could not gain entry into the building. 
E) obtained an indemnity agreement from Harvey.

Question 16

In an assignment of lease and a sublease,the assignee and the subtenant are responsible to the landlord.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) fitness for occupancy 
B) restriction on assignment and subletting 
C) restriction on pets 
D) responsibility for insurance 
E) payment of rent 
A) fitness for occupancy 
B) restriction on assignment and subletting 
C) restriction on pets 
D) responsibility for insurance 
E) payment of rent

Question 18

Jack enters into a verbal 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 owner.He does not sign a formal lease,and he is advised that he can leave the premises at any time without notice.Likewise the landlord may ask him to leave the premises at any time without notice.Jack's tenancy is

Accepted Answer

A) term certain tenancy. 
B) leasehold tenancy. 
C) a tenancy at will. 
D) a periodic tenancy. 
E) a tenancy at sufferance. 
A) term certain tenancy. 
B) leasehold tenancy. 
C) a tenancy at will. 
D) a periodic tenancy. 
E) a tenancy at sufferance.

Question 19

A enters into a lease with B whereby A will lease office space in B's building commencing March 1.But since B has to renovate the office for A and it will not be ready by March 1,as a gesture of goodwill,B permits A to use another office in the building until A's office is ready and charges A a small sum during this time.In this case,the use by A of the office pending completion of his own office creates

Accepted Answer

A) a licence. 
B) an easement. 
C) a tenancy at sufferance. 
D) a tenancy at will. 
E) a periodic tenancy. 
A) a licence. 
B) an easement. 
C) a tenancy at sufferance. 
D) a tenancy at will. 
E) a periodic tenancy.

Question 20

To end a periodic tenancy,the landlord or tenant must serve a

Accepted Answer

A) notice of termination. 
B) notice of injunction. 
C) notice of commencement of proceedings. 
D) notice to quit. 
E) notice of withdrawal. 
A) notice of termination. 
B) notice of injunction. 
C) notice of commencement of proceedings. 
D) notice to quit. 
E) notice of withdrawal.

Exam 22: Landlord and Tenant

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

In the absence of an express provision in the lease,what property is a tenant entitled to remove at the end of the tenancy?

A rents his property to B for a term of five years.At the end of the term,A has not been able to rent the property out and simply permits B to continue to stay on the property without paying rent.In this case,B is

A landlord is permitted to exercise the right of eviction and simultaneously or subsequently exercise a right of distress only where the landlord has given proper notice at law.

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

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.

A tenant cannot obtain an easement over the property of another.

A and B enter into a lease for B's property.Under the lease,which has no specific term,A makes his payments monthly.In this case,at the end of each month,

What is a tenancy at will?

Use the fact situation in Q10 to answer the related question that follows . If Albert had wanted to better protect himself when he entered into his lease,Albert should have

In an assignment of lease and a sublease,the assignee and the subtenant are responsible to the landlord.

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

To end a periodic tenancy,the landlord or tenant must serve a

Law, society, and Business

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Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

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Interests in Land and Their Transfer

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