Question 1

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

Accepted Answer

The term "distress" refers to the right of a landlord to take and hold a tenant's personal property in order to secure payment of rent owed. This is commonly referred to as the right of distraint.

Question 2

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

Jack's agreement with the owner is a verbal agreement without a formal lease and has no fixed duration or end date. This type of tenancy arrangement is known as tenancy at will, which allows either party to terminate the agreement without notice.

Question 3

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.

Accepted Answer

When Mary stays and pays rent after the lease ends, it typically converts into a periodic tenancy, not a tenancy at sufferance. A tenancy at sufferance occurs when a tenant remains without the landlord's consent.

Question 4

A periodic tenancy renews itself automatically.

Accepted Answer

The answer of A periodic tenancy renews itself automatically....

Question 5

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

When Mary granted a mortgage over the property to the Royal Bank of Canada, the bank's interest would have been registered as a first mortgage on the title. This means that the bank has a priority interest over any subsequent interests (like a lease) that are registered on the title. As the bank was not informed of the lease with Jack, their interest takes priority over the lease. Therefore, the bank can evict Jack and sell the property.

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 tenancy at will.

Accepted Answer

The answer of Jack enters into a verbal agreement with...

Question 7

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

Accepted Answer

A leaseback is a financial arrangement in which a business sells a property to a financial institution and then immediately leases it back from the institution. This type of arrangement allows the business to gain cash from the sale of the property, while retaining use of the property for its operations. The financial institution, in turn, receives regular lease payments from the business, allowing it to earn a return on its investment in the property.

Question 8

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.

Accepted Answer

The fence is typically considered part of the land unless specified otherwise in the purchase agreement.

Question 9

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

Accepted Answer

The provision that the landlord is entitled to distrain for rent is not a statutory change; it is a common law right that may be modified by statute but is not itself a statutory change.

Question 10

A leasehold interest is not an estate in land.

Accepted Answer

A leasehold interest is considered an estate in land because it grants the lessee the right to use and occupy the land for a specified period under the terms of a lease agreement.

Question 11

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.

Accepted Answer

Jack's arrangement is more accurately described as a periodic tenancy or a tenancy at will, given its short-term, vacation-based nature and lack of a fixed duration beyond one month. A term certain tenancy typically involves a fixed start and end date extending beyond such a short term.

Question 12

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 some provinces, such as Ontario, the landlord has a duty to mitigate their damages by attempting to find a new tenant if the current tenant abandons the premises. This is to minimize the loss of rental income for the landlord. However, this may not be the case in all provinces, so it is important to check the specific landlord-tenant laws in your jurisdiction.

Question 13

Which of the following is not true?

Accepted Answer

The statement that the landlord has a statutory duty to insure the premises for the benefit of the tenant is not true. While some leases may require the landlord to obtain insurance, there is no legal obligation for a landlord to insure the premises for the tenant's benefit.

Question 14

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.

Accepted Answer

A tenancy at will is not automatically created when a tenant remains after the lease term ends; instead, it typically becomes a periodic tenancy unless otherwise agreed.

Question 15

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?

Accepted Answer

The Royal Bank of Canada cannot evict Jack and sell the property because the lease is binding on the bank, and Jack has the right to continue occupying the property under the terms of the lease.

Question 16

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

Accepted Answer

Waste refers to any form of garbage generated or produced within the leased premises. It includes anything that is discarded, thrown away or surplus to requirements. It does not specifically refer to garbage brought onto the premises by third parties.

Question 17

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

Accepted Answer

A month-to-month tenancy is considered a type of periodic tenancy, which means it automatically renews at the end of each month until either the landlord or tenant gives notice to terminate. Unlike a fixed-term lease, which binds both parties for a set period of time, a monthly tenancy is more flexible and can be terminated relatively easily. As a result, it is generally not considered a major encumbrance or liability for a property purchaser, and therefore may not be disclosed or factored into the purchase price.

Question 18

Privity of contract and privity of estate are the same.

Accepted Answer

Privity of contract refers to the relationship between the parties who have entered into a contractual agreement, whereas privity of estate refers to the relationship between the parties who have an interest in a particular property or estate. These are two distinct legal concepts and are not the same.

Question 19

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

Accepted Answer

The term for the abandonment by the tenant of the premises during the term of the lease is called surrender. Surrender occurs when a tenant voluntarily gives up their leasehold interest and possession of the property to the landlord before the lease term has ended.

Question 20

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

Accepted Answer

A periodic tenancy, also known as a rolling tenancy, continues on an ongoing basis until either the tenant or the landlord provides notice to end the tenancy. If neither party does so, the tenancy will renew itself automatically.

Quiz 24: Landlord and Tenant