2.2 Commerical and Residental tenancies Flashcards
How can you tell the difference between a lease and a licence
look for the intention- whether or not the agreement grnatee exclusive possesion to the tenant (lease)
Characteristics of a lease
creates an estate (interest) in the land
creates a relationship between landlord and tenant
proides exclusive possession to the tenant
if property is sold you cant cancel the lease
Charcteristics of a licence
example is a long term hotel guest. no relationship
cannot rely on residental tenancy act
if propererty is sold you can cancel the licence
After a commerical lease is over 3 years must it be in writing?
YES!! It has to be in writing and registered to be enforceable
What happens when a residental lease is longer than 20 years
it no longer becomes a residental and becomes commerical tenancies
Whats the shortest way a landlord can terminate a contract?
10 days for not paying rent
What is a reason to give 1 month notice on a tenant?
Didn’t pay security deposit, unreasonable number of people, damage to property
When does a landlord give 2-4 months notice for a tenant>
Sale agreement and purchaser wants to occupy the unit (2 months notice) demolition/strata/ renovaiton 4 months notice AND one month free
How much cannabis can a person posess accordng to CCLA
30 grams dreid or 4 plants in their residence but cant be visible to public
What are the requirments of a lease
Name, amount of rent, signature NO previous address or occupation
What does the human rights code do
protection of human rights and the prohibition against discrimination
Whats the personal information act
deals with the protection of personal infromation and privacy issues with residental tenancies
example; cant collect SIN number
What’s the main differnece between a lease and a license
the supreme court held that whether an agreement creates a license or a lease is a matter of INTENTION
WHich tenancy will automatically renew itself
Perioidic tenancy
