Chapter 10 Residential Tenancies (Assignment 7) Flashcards
Which of the following has the LEAST application to residential tenancies?
1) Human Rights Code
2) Common law rules regarding contracts
3) Criminal Code
4) Personal Information Protection Act
Correct Answer: 3
Option (3) is correct because, of all of the options, the Criminal Code is the least applicable to residential tenancies.
Pete, a property manager, meets with Kate, a prospective tenant for the property Pete manages. During their meeting, Pete
asked her questions about her income and references. Afterwards, Pete asks Kate to submit a written application that includes her personal health number and an application fee for the processing of her file.
Which of the following statements is FALSE?
1) Pete was allowed to ask Kate about her references even though she had not yet submitted a written application.
2) Pete was not allowed to ask Kate about her income because it was not “reasonably necessary” under the Personal
Information Protection Act.
3) Pete was not allowed to ask Kate for her personal health number.
4) Pete was not allowed to charge an application fee.
Correct Answer: 2
Option (2) is correct because asking a prospective tenant about their income is “reasonably necessary” to determine whether they will be able to pay rent on a regular basis. Pete was therefore permitted to ask Kate about her income. Option
Unless a different time limit is identified in the Residential Tenancy Act, a tenant or landlord must bring forward an application for dispute resolution within:
2 years of the conclusion of the tenancy.
Which of the following is a similarity between a lease and licence to occupy?
Both are contractual agreements.
At the end of a fixed term tenancy agreement, if the tenancy agreement does not require the tenant to vacate the premises at the
end of the term:
if the tenant continues to occupy the premises, the tenancy is presumed to have been renewed on a month-to-month
basis.
What is a fee that a landlord or property manager is not allowed to collect from a tenant?
A tenancy application fee
Section 15 of the Residential Tenancy Act prohibits collecting fees for processing a rental
application.
How many days does a landlord or property manager have to return a security deposit?
The security deposit must be returned within fifteen days of the later of the end of the tenancy or the
date that the landlord receives the tenant’s forwarding address,
FIFTEEN DAYS
What is NOT an acceptable means of serving a notice to end tenancy?
Text Message
Tim rents an apartment from Larry under a periodic tenancy. Which of the following terms in their tenancy agreement would contradict a provision of the Residential Tenancy Act?
1) Tim agrees to assume the responsibility to repair all wear and tear to the property when he moves out.
2) Larry claims the right to distrain for rent that remains unpaid for 15 days after the date it is due.
3) Tim agrees to vacate the premises upon one month’s notice should Larry require the house for personal occupation.
4) All of the above terms contradict a provision of the Residential Tenancy Act.
Correct Answer: 4
ALL CONTRADICT
1) Landlord must assume responsibility for wear and tear
2) RTA abolishes restrain in residential tenancies (seize assets)
3) RTA requires no less than 2 months notice.
Larry is renting an apartment in a building that Kim manages. Larry abandons the apartment and Kim now has the responsibility to make a reasonable effort to find a new tenant as soon as possible. What is this called?
Duty to mitigate
Which of the following would likely NOT constitute a breach of the tenant’s right to quiet enjoyment?
1) Performing an elevator repair, causing noise and inconvenience
2) Entering the rental premises frequently (i.e., weekly) to inspect
3) Failing to pay bills so that services are cut off
4) Forbidding the tenant from having guests over, without cause
Option (1) is correct because an elevator repair is unlikely to be viewed as a breach of a tenant’s right to quiet enjoyment.
Pursuant to their obligation to maintain and repair, a landlord may be required to undertake repairs and renovations that cause a
certain amount of disruption to tenants, such as an elevator repair. Option
How much is a landlord able to annually raise rent?
Because landlords may always increase rent on an annual basis up to an amount equal to the Consumer
Price Index (CPI) without having to justify the increase; therefore, this increase is allowable, assuming that the government has
not implemented a cap on rent increases.
Which of the following statements regarding subletting is FALSE?
1) A tenant may not sublet a rental unit without the landlord’s written consent.
2) If the tenancy is for a fixed term of six months or more, the landlord may not unreasonably withhold consent for
subletting.
3) A landlord may charge a subletting fee in exchange for their consent to sublet.
4) If a tenant sublets the rental unit without the landlord’s consent, the landlord may serve a One Month Notice to End
Tenancy.
Option (3) is correct because according to section 34(3) of the Residential Tenancy Act, a landlord must not charge a tenant any
sum for considering, investigating, or consenting to a sublease.
Option (1) is incorrect because it is true that a tenant must secure
the landlord’s written consent to sublet a rental unit.
Option (2) is incorrect because it is true that the landlord may not
unreasonably withhold consent for subletting for a fixed term tenancy of six months or more.
Option (4) is incorrect because it is
true that the landlord may serve a One Month Notice to End Tenancy if the tenant sublets the rental unit without having obtained
the landlord’s consent.
Which of the following is a valid reason for serving a 10 Day Notice to End Tenancy?
1) The tenant has not paid the security deposit within 30 days of its due date.
2) The tenant has not paid rent.
3) The tenant is repeatedly late paying rent.
4) The tenant has caused extraordinary damage to the rental unit.
Option (2) is correct because a tenant not paying rent is a valid reason for serving a 10 Day Notice to End Tenancy.
Option (1) is
incorrect because the tenant not paying the security deposit within 30 days of its due date allows the landlord to serve a One
Month Notice to End Tenancy, not a 10 Day Notice to End Tenancy.
Option (3) is incorrect because the tenant being repeatedly
late paying rent allows the landlord to serve a One Month Notice to End Tenancy, not a 10 Day Notice to End Tenancy.
Option (3) is incorrect because the tenant being repeatedly
late paying rent allows the landlord to serve a One Month Notice to End Tenancy, not a 10 Day Notice to End Tenancy.
John has a fixed term tenancy in Bill’s building that expires on August 31st. Previously, the tenancy was intended to continue as
a periodic tenancy after the expiry of the fixed term. However, Bill has recently decided that he wants to renovate the suite and
that it must be vacated in order for him to do so. John pays his rent on the first of the month. On March 20th, Bill obtains an Order
from the Residential Tenancy Branch, approving Bill’s application to end John’s tenancy for renovations. What is the earliest possible date on which the Residential Tenancy Branch may order John to vacate?
August 31
Option (4) is correct and Options (1), (2), and (3) are incorrect because August 31st is the last day of the fixed-term tenancy and
the Residential Tenancy Branch cannot order John to vacate before that date.
Tim rents an apartment on a month-to-month basis in a building managed by Larry. Tim paid $650 as a security deposit, $650 as
a pet deposit, and $25 as a key fob deposit. His rent is $1,300 per month. Larry gives Tim a valid notice to end the tenancy under
section 49 of the Residential Tenancy Act (landlord’s use of property). Provided that Larry does not intend to make any claims against any of the deposits, how much is Larry obligated to provide to Tim as a result of ending the tenancy?
$2,625
Option (4) is correct because upon terminating the tenancy, Larry would have to return the security deposit ($650), the pet deposit
($650), the key fob deposit ($25), plus compensation of one month’s rent ($1,300) for ending a tenancy agreement under Section
49. This adds to a total of $2,625.
RESIDENTIAL TENANCY LAW
The rights and obligations of landlords and tenants are derived from 3 main sources:
1) legislation
2)the common law
3) the contract between the parties (the tenancy agreement).
What is the difference between a lease and a license?
Lease
A contract that transfers exclusive possession and control over real property for a definite period of time, thereby creating a landlord and tenant relationship
creates an interest in land, which would “run with the land”
Licence
Contractual in nature and would not afford an interest in land would not bind a new owner in the same way as a lease.
Does not create a relationship of landlord and tenant it affords only the rights and obligations expressly stated in the contract it coveys a privilege to use the property
LICENSE DOES NOT BIND OWNER THE SAME AS LEASE - DOES NOT AFFORD INTEREST IN LAND
What is distress?
A self-help remedy for landlords to hold the goods of a tenant that are found on leased premises as a form of security for rental arrears.
Is generally the only means through which a landlord is entitled to hold the goods of a tenant and it arises from the non-payment of rent.
HAS BEEN ABOLISHED FOR RESIDENTIAL TENANCIES
What are the 3 rules for subletting in the RTA?
1) Unless the landlord consents in writing, a tenant must not assign a tenancy agreement or sublet a rental unit
2) If a fixed term tenancy agreement is for 6 months or more, the landlord must not unreasonably withhold the consent required under subsection
3) A landlord must not charge a tenant anything for considering, investigating or consenting to an assignment or sublease under this section.
What are the requirements for a 10 day notice to end tenancy?
A tenant has failed to pay rent in full and on time.
Within five days the tenant may:
1) pay over due rent
2) dispute notice by making an application for dispute resolution.
If the tenant proceeds with paying the outstanding rent, the 10 day Notice to End Tenancy becomes unenforceable.
What are the requirements for a 1 month notice to end tenancy?
Spells out the landlord’s notice for “cause”.
A landlord may initiate the process of evicting a tenant on the basis that they “repeatedly late” paying rent
must be late paying rent on at least 3 occasions.
3 late payments over approximately 6 months is sufficient to uphold a One Month Notice to End Tenancy.
What are the requirements for a 2 month notice to end tenancy?
Can be used if the landlord plans, in good faith, to use the property, or the landlord plans to move in or have a close family member live in the rental unit or the landlord sells the property and the new owner or a close family member of the new owner will live in the rental unit.
Can also be used where a tenant lives in a subsidized rental unit and no longer qualifies for subsidized housing
What are the requirements for a 4 month notice to end tenancy?
Is used when the landlord plans to do major construction or major renovations or repairs that requires the unit to be empty.
Landlords should beware that when they end a tenancy, they must:
1)take steps to accomplish the stated purpose for ending the tenancy under section 49 within a reasonable period after the effective date of the notice
2) use the rental unit for that stated purpose for at least 6 months beginning within a reasonable period after the effective date of the notice.
What is the first right of refusal?
In the event a landlord ends a tenancy to renovate or repair the rental unit, a tenant has a right of first refusal to enter into a new tenancy agreement at a rent determined by the landlord after the renovations or repairs are complete.
Applies only to a rental unit in a residential property containing 5 or more units
A landlord must compensate a tenant 12 months’ rent if the tenant exercises a right of first refusal and the landlord does not give the tenant a 45 day notice of availability and a tenancy agreement to sign.
