Deck 24: Landlord and Tenant

Question 1

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

A) accessories.
B) fixtures.
C) chattels.
D) fixings.
E) additions to land.

Answer 1

B

Question 2

A fixture that is attached for the convenience of the tenant, is usually referred to as a

A) temporary fixture.
B) removable fixture.
C) landlord's fixture.
D) tenant's fixture.
E) flexible fixture.

Answer 2

D

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

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

Answer 3

B

Question 4

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

A) Has the object been fastened to the building with the intention that it become a part of the building?
B) How securely and permanently is the object attached?
C) How much damage if any will be caused to the building by its removal?
D) What was the value of the object?
E) What use is to be made of the object?

Question 5

Waste, in connection with leased premises, refers to

A) human waste.
B) garbage bought onto the premises by third parties.
C) garbage of the tenant.
D) damage caused by the voluntary or involuntary acts of the tenant that has the effect of reducing the value of the property.
E) garbage of the landlord.

Question 6

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

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

Question 7

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

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

Question 8

A periodic lease can end:

A) at the end of its term
B) if the tenant removes a trade fixture
C) if the tenant assigns the lease with the consent of the landlord
D) if either party gives notice
E) A and C

Question 9

Mary's tenancy is due to end on June 2, 2003. On that date Mary does not leave the premises. The term certain tenancy is converted into a

A) tenancy at sufferance.
B) periodic tenancy.
C) tenancy at will.
D) term certain tenancy.
E) month to month tenancy.

Question 10

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

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

Question 11

Which of the following is not a kind of tenancy?

A) tenancy at will
B) term certain
C) tenancy at sufferance
D) periodic tenancy
E) tenancy by covenant

Question 12

The landlord's covenant of quiet enjoyment means that

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

Question 13

An object that is attached to a building for the purposes of carrying on a trade is called a

A) removable fixture.
B) immoveable fixture.
C) flexible fixture.
D) trade fixture.
E) tenant's fixture.

Question 14

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

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

Question 15

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

A) tenancy at sufferance.
B) term certain tenancy.
C) month to month tenancy.
D) tenancy at will.
E) periodic tenancy.

Question 16

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

Question 17

In residential tenancy legislation, most provinces have:

A) made it more difficult for a landlord to evict a tenant
B) imposed regulation of rent increases
C) abolished the landlord's remedy of distress
D) regulated security deposits
E) all of the above

Question 18

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

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

Question 19

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

A) surrender.
B) forfeiture.
C) distress.
D) re- entry.
E) termination.

Question 20

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

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

Question 21

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

A) right of re- entry.
B) leaseback.
C) forfeiture.
D) joint tenancy.
E) distress.

Question 22

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.

Question 23

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 tenancy at sufferance.

Question 24

A periodic tenancy renews itself automatically.

Question 25

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?

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

Question 26

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.

Question 27

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

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

Question 28

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.

Question 29

Which of the following is not a statutory change in residential tenancy law?

A) The landlord is prohibited from requiring a security deposit in excess of one month's rent.
B) The landlord is liable for maintaining the premises in a good state of repair fit for habitation.
C) The doctrine of frustration applies to residential tenancies.
D) Breach by a landlord of its conditions entitles the tenant to be freed from its own obligations.
E) The lease contains a provision that the landlord is entitled to distrain for rent.

Question 30

A leasehold interest is not an estate in land.

Question 31

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.

Question 32

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

Question 33

Which of the following is not true?

A) A landlord may obtain an injunction to stop a tenant from acting that would be in breach of the lease.
B) The landlord's covenant under a lease include quiet enjoyment of the premises.
C) In the event of a bankruptcy, a landlord has priority over other creditors to the amount of three month's rent.
D) The landlord has a statutory duty to insure the premises for the benefit of the tenant.
E) Distress is the right of the landlord too seize assets of the tenant found on the premises and sell them to realize unpaid rent.

Question 34

Mary's tenancy is due to end on June 2, 2003. On that date Mary does not leave the premises. The term certain tenancy is converted into a tenancy at will.

Question 35

Jack enters into a lease with Mary for a term of one year. After six months Mary grants a mortgage over the leased property to the Royal Bank of Canada. A month later Mary defaults under the mortgage. Which of the following is not true?

A) Jack can continue to observes the terms of the lease.
B) The Royal Bank of Canada may claim the reversion.
C) The Royal Bank of Canada is bound by the lease and cannot obtain possession.
D) The Royal Bank of Canada's title is subject to lease.
E) The Royal Bank of Canada can evict Jack and sell the property.

Question 36

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

Question 37

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

Question 38

Privity of contract and privity of estate are the same.

Question 39

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

A) distress.
B) surrender.
C) forfeiture.
D) right or re- entry.
E) termination.

Question 40

A periodic tenancy renews itself automatically unless the tenant or landlord serves a notice to quit.

Question 41

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 on the ground. Is the television stand considered to be a fixture? Explain.

Question 42

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

Question 43

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.

Question 44

What is a periodic tenancy?

Question 45

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

Question 46

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

Question 47

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

Question 48

Explain the tenant's covenant regarding assigning.

Question 49

Who is an overholding tenant?

Question 50

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

Question 51

What is a periodic tenancy?

Question 52

What is a tenancy at will?

Question 53

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 on the ground. Is the television stand considered to be a fixture? Explain.