ADMS 2610 Lecture Notes - Distraint

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Introduction: contract which gives tenant exclusive possession of the property for a specified period, not the same as a license. Leased exclusive possession and interest in land. License grants right to use property in common with others and no interest in land. Contractual foundation: express or implied (oral, terms set out through contract as long as lawful, cannot override certain parts of legislation (residential tenancy acts, general elements of a contract are required for validity. Distinction: residential vs. commercial leases, residential governed by contract, common law and statute law. Term is certain fixed term of a lease. Periodic tenancy lease that automatically renews at the end of each rent period until notice of termination. Tenancy at sufferance when tenant remains in possession after expiration of tenancy and notice given. Tenancy-at-will landowner permits another to enter on the premises and occupy them with no lease.

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