Exam 22: Landlord and 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

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

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

Selena rents an apartment from her landlord Stuart on a month to month basis.She also operates a small restaurant a short walk away which she also rents from Stuart.Neither lease imposes any obligation on the landlord to make repairs.One cold night in December the hot water heater in her apartment stopped working.She contacted her landlord and he immediately arranged for repairs to be completed at his expense.The following morning when Selena arrived at the restaurant she noticed that a pipe had frozen and there was significant damage to the kitchen.She contacted Stuart again but he refused to do anything to repair or pay for the damages.A landlord in these circumstances

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 owns a single-storey commercial building in downtown Toronto,which he has leased to B for use as an office.A few months after the lease was entered into,A sold the building to C together with A's lease.C bought A's building because he wanted to convert it into a luxury restaurant.Just after C become the owner of the building,C started to enter B's offices on a daily basis without notice and,further,began a small construction project in front of the building,which not only obstructed access to the building,but also made so much noise that it constantly disturbed B,B's staff,and B's clients.In this situation,

Where there has been a breach of the lease contract,a landlord,in addition to suing for damages,has a duty

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

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.

A and B enter into a lease for property owned by B for a term of four years commencing April 1,2009,and ending March 31,2013.In this case,the lease creates

Jack rents an apartment and hangs a picture of his girlfriend on the wall.Is the picture considered to be a fixture? Explain.

A and B are friends,and for years now,on B's invitation,A has used B's vacant land in northern Ontario to hunt wild game.In this case,A is a

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

Which of the following is NOT true?

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

Waste,in connection with leased premises,refers to

A tenancy that lasts from month to month is not a lease that will bind purchasers of the property.

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

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.

In commercial tenancies,there is often a conflict between the interests of landlords and tenants and their respective creditors.What risks do creditors of landlords and tenants face when considering seizure of goods located in the leased premises and sale of the financed assets?