In British Columbia, under the Commercial Tenancy Act, what is the position of a commercial tenant who wilfully holds over after the lease expires and ignores the landlord's written demand for possession?
Correct Answer
D) Tenant owes double value; landlord can seek possession
Commercial Tenancy Act s. 15 makes a tenant who wilfully holds over after the term ends, and after a written demand for possession, liable to pay double the yearly value of the land for the time it is kept. Under ss. 18-21 the landlord may apply to the Supreme Court, which can order a writ of possession.
Why This Is the Correct Answer
This answer is correct. Section 15 makes a wilfully overholding tenant liable for double the yearly value, and ss. 18-21 let the landlord apply to the Supreme Court for an order and writ of possession.
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