Question 1

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

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Question 2

Who is an overholding tenant?

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Question 3

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.

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Question 4

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

It is true that addressing and spelling out ownership of goods, trade fixtures, and leasehold improvements in the lease can help to eliminate or reduce disputes between the landlord and tenant.

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.

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Question 6

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.

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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?

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Question 8

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.

Accepted Answer

When a tenant stays beyond the end of their lease without the landlord's consent, it typically results in a holdover tenancy or tenancy at sufferance, not a tenancy at will. A tenancy at will generally requires mutual agreement between the landlord and tenant.

Question 9

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.

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Question 10

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

Accepted Answer

Privity of estate refers to the rights and obligations a tenant has with the current landlord regarding the property, but it does not terminate the tenant's privity of contract with the former landlord. Privity of contract, which is based on the original lease agreement, remains in effect for obligations that arose during the term of that agreement, regardless of any change in ownership.

Question 11

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.

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Question 12

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

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Question 13

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

Accepted Answer

In most provinces, landlords have a duty to mitigate damages by attempting to find a new tenant if the current tenant abandons the residential premises. This is typically done by actively marketing the property and trying to find a new tenant as soon as possible.

Question 14

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.

Accepted Answer

When Mary pays rent for another month and the landlord accepts it, the tenancy is typically converted into a periodic tenancy (often month-to-month), not a tenancy at sufferance. A tenancy at sufferance occurs when a tenant remains in possession without the landlord's consent after the lease term has ended, and before any new agreement or acceptance of rent.

Question 15

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

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Question 16

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?

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Question 17

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?

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Question 18

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

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Question 19

What is a tenancy at will?

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Quiz 22: Landlord and Tenant