Maab Owns a Small Pet Shop

question 48

Multiple Choice

Maab owns a small pet shop.He carries on business in commercial premises he leases from his landlord Susan.Due to a down turn in the local economy,Maab fails to pay his rent for three months.Susan takes the appropriate steps to reenter the premises and evict Maab for failure to pay rent.Maab was unable to remove all of his assets from the premises before the reentry.He has a large aquarium with thousands of dollars of exotic fish that Susan has now threatened to sell and apply the proceeds to the outstanding rent arrears.Is she legally entitled to do so?

• A)Yes,because Maab failed to remove all of his assets prior to the reentry and eviction.
• B)Yes,because the landlord has a general right to seize assets of the tenant found on the premises and sell them to recover arrears of rent.
• C)No,because a commercial landlord is never entitled to sell assets owned by a tenant.
• D)No,because the landlord is not permitted to exercise the right of eviction and subsequently exercise a right of distress.
• E)Yes,because Maab is a commercial tenant.

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Definitions:

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