Question 1

What is a tenancy at will?

Accepted Answer

A tenancy at will is a tenancy in which

Question 2

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?

Accepted Answer

A) The Royal Bank of Canada's title is subject to lease. 
B) The Royal Bank of Canada is bound by the lease and cannot obtain possession. 
C) The Royal Bank of Canada can evict Jack and sell the property. 
D) Jack can continue to observe the terms of the lease. 
E) The Royal Bank of Canada cannot evict Jack and get a new tenant. 
A) The Royal Bank of Canada's title is subject to lease. 
B) The Royal Bank of Canada is bound by the lease and cannot obtain possession. 
C) The Royal Bank of Canada can evict Jack and sell the property. 
D) Jack can continue to observe the terms of the lease. 
E) The Royal Bank of Canada cannot evict Jack and get a new tenant.

Question 3

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 4

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

Accepted Answer

A tenant generally has a right to assign

Question 5

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

Accepted Answer

Fixtures are items that are fixed to the

Question 6

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

Accepted Answer

A) to mitigate damages. 
B) to re-enter the premises to seize the property of the tenant. 
C) to return the property of the tenant to the tenant. 
D) to report the breach to the rental tribunal. 
E) to check to determine whether there has been any damage to the property. 
A) to mitigate damages. 
B) to re-enter the premises to seize the property of the tenant. 
C) to return the property of the tenant to the tenant. 
D) to report the breach to the rental tribunal. 
E) to check to determine whether there has been any damage to the property.

Question 7

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?

Accepted Answer

The value of a "net net" lease is that t

Question 8

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

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) leasehold interest. 
B) period. 
C) lease. 
D) periodic tenancy. 
E) term. 
A) leasehold interest. 
B) period. 
C) lease. 
D) periodic tenancy. 
E) term.

Question 11

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 12

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?

Accepted Answer

The first consideration is related to co

Question 13

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.

Accepted Answer

A) True 
 B)False

Question 14

Briefly describe the remedy of distress and,in light of legislative concerns about the well-being of families,why it has been abolished in the context of residential tenancies.

Accepted Answer

The right of a landlord to seize assets

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

The landlord's covenant of quiet enjoyment means that

Accepted Answer

A) the landlord will not do anything to interfere with the tenant's possession and use of the premises. 
B) the tenant will not bring other persons onto the premises. 
C) the landlord will not make excessive noise that could interfere with the right of the tenant to peace and quiet. 
D) the tenant will not make excessive noise that could disturb others,including the landlord and other tenants. 
E) the tenant will not disturb other tenants. 
A) the landlord will not do anything to interfere with the tenant's possession and use of the premises. 
B) the tenant will not bring other persons onto the premises. 
C) the landlord will not make excessive noise that could interfere with the right of the tenant to peace and quiet. 
D) the tenant will not make excessive noise that could disturb others,including the landlord and other tenants. 
E) the tenant will not disturb other tenants.

Question 17

In the context of residential tenancies,landlords are not allowed to select tenants based on income information and credit checks.

Accepted Answer

A) True 
 B)False

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 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

Question 19

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 20

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

Accepted Answer

A) a periodic tenancy. 
B) a tenancy at will. 
C) a license. 
D) a tenancy for a fixed or certain term. 
E) a tenancy at sufferance. 
A) a periodic tenancy. 
B) a tenancy at will. 
C) a license. 
D) a tenancy for a fixed or certain term. 
E) a tenancy at sufferance.

Exam 22: Landlord and Tenant

What is a tenancy at will?

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?

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

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

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

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 tenant cannot obtain an easement over the property of another.

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

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?

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.

Briefly describe the remedy of distress and,in light of legislative concerns about the well-being of families,why it has been abolished in the context of residential tenancies.

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

The landlord's covenant of quiet enjoyment means that

In the context of residential tenancies,landlords are not allowed to select tenants based on income information and credit checks.

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

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

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