Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Real Estate Exam > 2.4 - Commercial and Residential Tenancies > Flashcards

2.4 - Commercial and Residential Tenancies Flashcards

1
Q

what does a lease create?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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

A

lease: exclusive possession
license: not exclusive posession

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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

A

lease

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

can you cancel the lease if the property is sold?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

can you cancel the license if the property is sold?

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is a commercial tenancy covered by?

A

common law + commercial tenancy act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what are leases used for?

A

commercial tenancies

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what are residential tenancies governed by?

A

statute law and Residential Tenancy Act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

are previous addresses and occupation info required in residential info?

A

no

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what is a fixed tenancy?

A

starts and ends on specific dates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

when can you give notice in a fixed tenancy?

A

end of term

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

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

A

automatically ends

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

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

A

automatically renews to periodic tenancy (month to month)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A

reasonable notice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

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

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

when can you collect a deposit for a tenancy?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

what is the max and min deposit for commercial leases?

A

no max, no min

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

who is liable for the return of the security deposit?

A

the landlord who collected the deposit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

what is the refundable deposit in residential tenancies?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

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

A

no

28
Q

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

A

can set any new rent amount

29
Q

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

A

every 12 months

30
Q

what is the maximum residential rent increase limit?

A

the CPI

31
Q

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

A

no bc of RTA

32
Q

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

A

yes - most effective remedy available to landlord

33
Q

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

A

yes

34
Q

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

A

no

35
Q

can you assign/sublet in a commercial lease?

A

yes, unless prohibited in the lease agreement

36
Q

can you assign/sublet in a residential tenancy?

A

yes unless prohibited in lease agreement & landlord has to approve

37
Q

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

A

1 month

38
Q

can landlord charge fees for letting tenant to sublet?

A

no

39
Q

what is an implied covenant?

A

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

40
Q

what are the implied covenants for commercial leases?

A

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

41
Q

what are the implied covenants for residential tenancies?

A

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

42
Q

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

A

damages
tenant can’t refuse to pay rent

43
Q

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

A

less than 30 days but more than 24 hours

44
Q

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

A

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

45
Q

what is the personal information protection act?

A

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

46
Q

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

A

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

47
Q

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

A

3 days

48
Q

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

A

within 30 days of the hearing

49
Q

when is notice served considered received (in person)?

A

same day

50
Q

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

A

3 days later

51
Q

when is notice served considered received (by mail)?

A

5 days

52
Q

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

A

true

53
Q

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

A

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

54
Q

what is derogation from grant? is it allowed?

A

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

55
Q

what is interesse termini?

A

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

56
Q

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

A

can sue for damages

57
Q

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

A

sue for damages or obtain orders for posession

58
Q

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

A

possession

59
Q

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

A

just structural defects

60
Q

is there an obligation for landlord to repair residential tenancies?

A

landlord must repair all premises (reasonable wear and tear)

61
Q

what repair by tenant is done in residential tenancies?

A

ordinary cleanliness or if they caused damage

62
Q

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

A

10 days

63
Q

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

A

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

64
Q

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

A

1 month

65
Q

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

A

3 months + 1 month rent

66
Q

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

A

4 months + 1 month rent

Real Estate Exam (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions