2.4 - Commercial and Residential Tenancies

Question 1

what does a lease create?

Answer 1

an estate (interest) in land & a landlord-tenant relationship

Question 2

what is the main difference between a lease and a license?

Answer 2

lease: exclusive possession
license: not exclusive posession

Question 3

can you rely on the RTA with a lease or license?

Answer 3

lease

Question 4

can you cancel the lease if the property is sold?

Answer 4

no

Question 5

can you cancel the license if the property is sold?

Answer 5

yes

Question 6

what is a commercial tenancy covered by?

Answer 6

common law + commercial tenancy act

Question 7

what are leases used for?

Answer 7

commercial tenancies

Question 8

what are residential tenancies governed by?

Answer 8

statute law and Residential Tenancy Act

Question 9

does the residential tenancy act (RTA) apply to: Business purposes unit + a dwelling
unit attached that is rented under one
lease

Answer 9

no

Question 10

does the residential tenancy act (RTA) apply to: Communal living – Sharing bathroom,
kitchens, & common areas

Answer 10

no

Question 11

does the residential tenancy act (RTA) apply to: Tenancy agreement for a term
exceeding 20 years

Answer 11

no

Question 12

does the residential tenancy act (RTA) apply to: Cooperative non-profit housing rented
to a member of the cooperative

Answer 12

no

Question 13

how old must leases be to be in writing & enforceable?

Answer 13

3 years

Question 14

are previous addresses and occupation info required in residential info?

Answer 14

no

Question 15

what is a fixed tenancy?

Answer 15

starts and ends on specific dates

Question 16

when can you give notice in a fixed tenancy?

Answer 16

end of term

Question 17

what happens to a lease in a fixed tenancy when term is over?

Answer 17

automatically ends

Question 18

what happens to RTA in fixed tenancy when term is over?

Answer 18

automatically renews to periodic tenancy (month to month)

Question 19

how much notice is required to end a periodic commercial lease?

Answer 19

reasonable notice

Question 20

how much notice is required to end a periodic residential tenancy?

Answer 20

3 months + 1 month compensation
tenant - gives 1 month notice

Question 21

what is a tenancy at will? what kind of tenancies is it used for?

Answer 21

tenant occupies the land for a term, which can be terminated by any party at any time. usually no contract, can be rent free. only for commercial leases.

Question 22

what is a tenancy at sufferance? what kind of tenancies is it used for?

Answer 22

landlord refuses to accept rent from his tenant due to “hold over” after lease expires. doubles tenant’s rent if not used out. only for commercial leases.

Question 23

when can you collect a deposit for a tenancy?

Answer 23

at the start of the term - can’t collect at a later date

Question 24

what is the max and min deposit for commercial leases?

Answer 24

no max, no min

Question 25

who is liable for the return of the security deposit?

Answer 25

the landlord who collected the deposit

Question 26

what is the refundable deposit in residential tenancies?

Answer 26

1/2 month's rent + 1/2 months pet + key fob

Question 27

can you increase rent in a fixed term for commercial leases?

Answer 27

no

Question 28

how much can you increase the rent by in a periodic tenancy (residential) when a new tenant moves in?

Answer 28

can set any new rent amount

Question 29

how often can you increase a periodic tenancy (residential) rent?

Answer 29

every 12 months

Question 30

what is the maximum residential rent increase limit?

Answer 30

the CPI

Question 31

if residential tenant doesn't pay debt, can you seize their belongings (distress/distraint)

Answer 31

no bc of RTA

Question 32

if commercial tenant doesn't pay debt, can you seize their belongings (distress/distraint)

Answer 32

yes - most effective remedy available to landlord

Question 33

is the landlord obliged to minimize loss of revenue from abandonment in residential tenancy?

Answer 33

yes

Question 34

is the landlord obliged to minimize loss of revenue from abandonment in commercial lease?

Answer 34

no

Question 35

can you assign/sublet in a commercial lease?

Answer 35

yes, unless prohibited in the lease agreement

Question 36

can you assign/sublet in a residential tenancy?

Answer 36

yes unless prohibited in lease agreement & landlord has to approve

Question 37

if sublet is done without landlord consent, how much notice does landlord have to evict?

Answer 37

1 month

Question 38

can landlord charge fees for letting tenant to sublet?

Answer 38

no

Question 39

what is an implied covenant?

Answer 39

a legally binding promise that is included in every lease agreement but not written in the contract

Question 40

what are the implied covenants for commercial leases?

Answer 40

tenant has the right to be free of claims agains title (defective title)

Question 41

what are the implied covenants for residential tenancies?

Answer 41

reasonable privacy freedom from unreasonable disturbance landlord's right to enter the unit is restricted

Question 42

what are the remedies for implied covenants? what can't a tenant do?

Answer 42

damages tenant can't refuse to pay rent

Question 43

how much notice does a landlord need to enter rental unit (residential)?

Answer 43

less than 30 days but more than 24 hours

Question 44

what must a notice for entry from landlord need for residential tenancy?

Answer 44

purpose for entering time (between 8am-9pm)

Question 45

what is the personal information protection act?

Answer 45

deals with protection of personal info and privacy issues that arise in residential tenancies (i.e. can't collect sin number)

Question 46

what's the max amount of weed plants that someone can have in their residence?

Answer 46

4 as long as they don't run a daycare and its not visible to public

Question 47

after someone submits application to residential tenancy branch about a dispute, how long do they have to give a copy to the other party?

Answer 47

3 days

Question 48

when must a decision by the residential tenancy branch be given?

Answer 48

within 30 days of the hearing

Question 49

when is notice served considered received (in person)?

Answer 49

same day

Question 50

when is notice served considered received (email/fax/copy in door/mailbox)?

Answer 50

3 days later

Question 51

when is notice served considered received (by mail)?

Answer 51

5 days

Question 52

t/f: a notice by landlord is void unless the required form is used

Answer 52

true

Question 53

t/f: a notice by tenant is void unless the required form is used

Answer 53

false. notice can be in any written form but contain the necessary details

Question 54

what is derogation from grant? is it allowed?

Answer 54

if landlord says tenant has right to something, can't take away that right. not allowed under any lease

Question 55

what is interesse termini?

Answer 55

the right of a tenant to enter (possess) the unit

Question 56

what can a commercial tenant do if refused possession at start of lease?

Answer 56

can sue for damages

Question 57

what can residential tenant do if refused possession at start of lease?

Answer 57

sue for damages or obtain orders for posession

Question 58

when does the estate in land pass for tenant? signing or possession?

Answer 58

possession

Question 59

is there an obligation for landlord to repair anything in commercial leases?

Answer 59

just structural defects

Question 60

is there an obligation for landlord to repair residential tenancies?

Answer 60

landlord must repair all premises (reasonable wear and tear)

Question 61

what repair by tenant is done in residential tenancies?

Answer 61

ordinary cleanliness or if they caused damage

Question 62

how much eviction notice has to be given for non-payment of rent/utility charges (during fixed/periodic tenancy)?

Answer 62

10 days

Question 63

what is the only category of reasoning to end tenancy in fixed tenancy?

Answer 63

CAUSE (not paying rent, too many people, local zoning authority)

Question 64

how much eviction notice has to be given for non-payment of security deposit, unreasonable # of people, local zoning authority (during fixed/periodic tenancy)?

Answer 64

1 month

Question 65

how much eviction notice must be given for landlord use: purchaser, landlord or close family member (child, parent, spouse) want to occupy?

Answer 65

3 months + 1 month rent

Question 66

how much eviction notice has to be given for landlord use (convert unit into non-residential space/strata, renovate rental unit to be vacant)

Answer 66

4 months + 1 month rent