Exam 22: Landlord and Tenant

Who is an overholding tenant?

Jack enters into a lease with Mary for a term of one year.Before she leased the property,Mary granted a mortgage over the property to the Royal Bank of Canada.Mary does not advise the Royal Bank of Canada of the lease.A month later Mary defaults under the mortgage.Which of the following is true?

Objects that are attached to the land or a building but are distinguished from the land itself are called

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

Privity of estate with a new landlord brings to an end privity of contract with the former landlord.

Today,in commercial leases,it is common for the landlord to make the tenant responsible for virtually everything with respect to the property,including repairs,structural repairs,and payment of all taxes and utilities.Such leases are often referred to as "net net" leases,because the landlord has little or no responsibility and still is paid rent.Why do you think that "net net" leases are frowned upon when it comes to residential leases?

What are two main considerations that a business person would have in considering whether to buy and lease commercial property instead of residential property as an investment?

Maab owns a small pet shop.He carries on business in commercial premises he leases from his landlord Susan.Due to a down turn in the local economy,Maab fails to pay his rent for three months.Susan takes the appropriate steps to reenter the premises and evict Maab for failure to pay rent.Maab was unable to remove all of his assets from the premises before the reentry.He has a large aquarium with thousands of dollars of exotic fish that Susan has now threatened to sell and apply the proceeds to the outstanding rent arrears.Is she legally entitled to do so?

An interest in land for a definite period of time is called a

Which of the following is NOT a question one would ask when determining whether an object is a fixture?

In commercial tenancies,there is often an issue with respect to ownership of goods,trade fixtures,and leasehold improvements.From the tenant's perspective,the best way to eliminate or reduce any dispute with respect to these issues is to ensure that they are addressed and spelled out in the lease.

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

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

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.

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

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

The landlord's covenant of quiet enjoyment means that

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.

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