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UBC Real Estate Trading Services Licensing Course > Chapter 2.4: Commerical + Residential Tenancies > Flashcards

Chapter 2.4: Commerical + Residential Tenancies Flashcards

1
Q

The first thing we need to discern is between a ___________ and __________

A

Lease and a license

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2
Q

A ___________ creates an estate (interest) in _________

A

Lease

Land

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3
Q

A ____________ creates a landlord-tenant relationship

A

Lease

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4
Q

Leases provide exclusive ________________ to tenant

A

Possession

Meaning they must keep you for however long your lease agreement is

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5
Q

Leases can rely on the ______________

A

Residential tenancy act

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6
Q

If the property is sold, they cannot cancel your ________

A

Lease

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7
Q

What is an example of a license

A

Staying at a hotel!

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8
Q

A license is just a ______________

A

Contractual privilege

There is no estate / interest in land

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9
Q

With a license, no ___________________ relationship exists

A

Tenant-landlord

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10
Q

____________ cannot rely on the residential tenancy act (RTA)

A

License

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11
Q

If the property sells, they can cancel your __________ at any time

A

License

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12
Q

How to tell the different between a lease and license

A

Look for the intention!

Aka whether or not the agreement has granted exclusive possession to the tenant

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13
Q

Word check, if you see ‘exclusivity’ this implies ?

A

A lease!

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14
Q

Exclusive possession means what?

A

Access 24 hours a day, everyday

It equals a lease

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15
Q

When you are not able to access / do not have exclusive access 24/7, 365, what is it?

A

A license

Example: allowed from 9am-11pm

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16
Q

Next we need to discern between _________ and _________

A

Commercial and residential

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17
Q

____________ is governed by common law

A

Commercial

+ the commercial tenancy act

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18
Q

Commercial properties use _________ (aka _________)

A

Leases - aka contracts

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19
Q

Examples of commercial properties

A

Factories, warehouses, stores, and offices

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20
Q

_____________ is governed by statute law

A

Residential

+ residential tenancy act

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21
Q

Residential properties use __________________

A

Rental / tenancy agreements

“Rental units”

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22
Q

The Residential Tenancy Act does not apply to a number of things, such as?

A

Business purposes unit + dwellings unit attached that is rented under 1 lease

Cooperative non-profit housing rented to a member of the cooperative

Share bathroom or kitchen facilities with the owner of that accommodation

Communal living - sharing bathroom, Kitchens, and common areas

Tenancy agreements for term exceeding 20 years

Vacation or travel accommodations

Commercial tenancies

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23
Q

The Residential Tenancy Act does not apply to ___________________ + ______________ that is rented under one lease

A

Business purpose unit + a dwelling unit attached

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24
Q

The Residential Tenancy Act does not apply to __________________________ rented to a member of the cooperative

A

Cooperative non-profit housing

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25
Q

The Residential Tenancy Act does not apply to dwellings that share ______________ or ______________ facilities WITH THE OWNER of that accommodation

A

Share bathroom or kitchen

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26
Q

The Residential Tenancy Act does not apply to dwellings that offer ________________, such as sharing bathrooms, kitchens, and common areas

A

Communal living

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27
Q

The Residential Tenancy Act does not apply to tenancy agreement for a term exceeding _________

A

20 years

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28
Q

The Residential Tenancy Act does not apply to ______ or ________ accommodation

A

Vacation or travel

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29
Q

The Residential Tenancy Act does not apply to ____________, duhhh

A

Commercial tenancies

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30
Q

__________ of over 3 years should be in writing to be enforceable by the courts (law and equity act section 59)

A

Lease

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31
Q

For commercial agreements….

A lease should include

A

1) names of parties
2) description of the premises demised (leased)
3) the commencement of the term (usually a specific date)
4) the rent
5) any other material terms of the contract

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32
Q

_______________ be in writing, signed, and dated by both the landlord and tenant, and written in a manner that is easily read and understood by a reasonable person

A

Tenancy agreement

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33
Q

Tenancy agreement should include

A

1) the standard terms
2) names of the landlord and tenant
3) address of the rental unit, address, and contact number of the landlord / agent
4) dates the tenancy agreement is entered into and tenancy starts, rent due date
5) amount of rent payable
6) security deposit or pet damage deposit
7) tenancy type (fixed or periodic)
8) signatures of the parties

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34
Q

What is not required in a Tenancy Agreement?

A
  • Previous address(es)

* Occupation information

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35
Q

A fixed tenancy _______ and _______ on specific dates

A

Starts and Ends

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36
Q

A commercial (lease) fixed tenancy

A

Cannot give notice until the end of the term

No notice required to vacate at the end

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37
Q

A ___________________ auto renews at the end of a period

A

Periodic tenancy

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38
Q

A commercial (lease) periodic tenancy requires ____________________________

A

Reasonable notice to end tenancy

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39
Q

A ___________________ is where the tenants occupy the land for a term, which can be terminated by ___________________

A

Tenancy at will

Either party at anytime

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40
Q

A commercial (lease) tenancy at will

A

Created and terminated ‘at will’

Usually has no contract

Can be rent free

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41
Q

Example of commercial (lease) tenancy at will

A

Seasonal shop such as Halloween alley

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42
Q

Commercial (lease) tenancy at sufferance

A

Landlord refuses to accept rent from his tenant due to ‘hold-over’ after lease expires

Doubles tenants rent if not moved out

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43
Q

Residential (tenancy agreement) fixed tenancy

A

Cannot give notice until the end of the term

On expiry: automatically renews to periodic tenancy (aka month to month)

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44
Q

Residential (tenancy agreement) periodic tenancy

A

Landlord notice is 2 months + 1 month compensation

Tenant gives 1 months notice

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45
Q

Residential (Tenancy Agreement) tenancy at will

A

Does not apply!

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46
Q

Residential (Tenancy Agreement) tenancy at Sufferance

A

Does not apply to residential matters

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47
Q

The _________ needs to be collected at the _______________, and you cannot collect it at a later date

A

Deposit

Start of the term

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48
Q

Commercial deposit specifics

A

No min or maximum deposit

Landlord who collected the deposit is personally liable for the return of the security deposit

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49
Q

Security Deposit Residential

A

Refundable: 1/2 months rent + 1/2 months pet + key fob

Non-refundable: move-in (out) fee, replacement keys, fee for bounced cheque, services requested by tenant

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50
Q

Rent for amount commercial properties

A

No minimum or maximum set, whatever you agree on

No increase in rent during a fixed term

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51
Q

Residential rent increase for periodic tenancy

A

After 12 months from last rent increase

Or can set a new rent amount when a new tenant moves in

3 months written notice is required

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52
Q

Residential rent increase fixed tenancy

A

Can present the tenant with entirely new lease agreement with new rent

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53
Q

Consumer price index (CPI) and its relation to residential rent increases

A

Unless the landlord receives approval for a larger increase, the maximum rent increase is limited to CPI

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54
Q

2 ways to terminate a commercial (termination)

A

1) expressed in agreement

2) implication of law

55
Q

2 ways to terminate a residential (termination)

A

1) expressed in agreement

2) operation of Residential Tenancy Act

56
Q

What does distress / distraint mean!

A

Seize a tenants belongings to cover debt

Is a remedy that can be used when rent is not paid in certain tenancies

57
Q

distress / distraint for commercial properties

A

Is 100% allowed

Most effective remedy available to the landlord

58
Q

distress / distraint for residential properties

A

IS NOT ALLOWED

That right was abolished by the Residential Tenancy Act

59
Q

Mitigation means what?

A

Re-rent: obligation on a landlord to minimize loss of revenue from abandonment

60
Q

Commercial properties mitigation

A

No requirement to mitigate

As common law allows you to sue the tenant

61
Q

Residential properties mitigation

A

Landlord must mitigate

The party claiming the compensation must do whatever is reasonable to minimize loss of damage

62
Q

If the tenant fails to participate in the ________________, the landlord is entitled to retain pet / security deposit

A

Condition inspection

63
Q

What does it mean to assign a lease?

A

To transfer all the interest

64
Q

What does it mean to sublease / sublet?

A

Tenant grants to a 3rd party an interest in the property that is less than the tenants own interest in the lease

Aka you have a 2 year lease and you sublet for 4 months

65
Q

Are you allowed to sublet or assign a commercial Lease?

A

Yes Sir!

Unless it is prohibited in the lease agreement

66
Q

Are you allowed to sublet / assign in a residential agreement?

A

Allowed- unless prohibited in the lease agreement

But you cannot assign or sublet without the written consent from a landlord

67
Q

Residential written consent from landlord to sublet or assign

A

If done without the landlord consent, landlord can give 1 month notice to end tenancy

A lease of 6 months or more is allowed to sublet

68
Q

Can the landlord charge a fee to a residential lease for subletting?

A

No!

No fees can be charged by a landlord for allowing the tenant to sublet

69
Q

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

A

Implied covenants

70
Q

An example of an implied covenant is quiet enjoyment, which means?

A

Quiet enjoyment - privacy, exclusive possession, freedom from unreasonable disturbance

71
Q

Another implied covenant is breach of tenants rights, which mean?

A

Breach of tenants rights -

  • repeated access requests to the rental unit in short time spans
  • an uncontrolled pest problem and failure to retain services
  • reasonable and ongoing noise
72
Q

Remedies to implied covenants

A

Damages!

Tenants cannot refuse to pay rent, they must always!

73
Q

Quiet enjoyment for commercial properties

A

Tenant has the right to be free of claims against title (defective title)

74
Q

Quiet enjoyment residential property

A
  • reasonable privacy
  • freedom from unreasonable disturbance
  • landlords right to enter the unit is restricted
75
Q

The landlord‘s right to enter rental units is restricted to:

Residential only!

A

1) an emergency exists
2) tenancy has abandoned the rental unit
3) landlord has an order of the director authorizing the entry
4) landlord is to provide services under the terms of a written tenancy agreement and the entry is for that purpose
5) landlord inspection

76
Q

The landlord has the right to enter the rental if an __________________ - as entry is required to protect life or property

A

Emergency exists

77
Q

The landlord has the right to enter the rental if the landlord has _____________ of the director authorizing the entry

A

An order

78
Q

The landlord has the right to enter the rental if the ________________________

A

Tenancy has abandoned the rental unit

79
Q

The landlord has the right to enter the rental if they are providing ____________ - under the terms of a written tenancy agreement and entry is for that purpose

A

Services

80
Q

The landlord has the right to enter the rental if it’s time for a _________________, to which they can inspect the rental ____________

A

Landlord inspection

Monthly

81
Q

To enter your unit, the landlord must give __________________ or the tenant can give permission at the time of entry

A

24 hours written notice

82
Q

To enter your unit, the landlord cannot use notice that has been longer than

A

30 days!

83
Q

Landlord notice to enter its rental unit must include:

A

1) The purpose for entering

1) be between 8am-9pm, unless the tenant agrees otherwise

84
Q

Commercial and residential properties, derogation from grant

A

Cannot prejudice (take away) any tenants rights under lease

85
Q

No estate in land passes until the tenant enters into __________ of the leases premises. This is known as Interesse Termini

A

Possession

86
Q

Commercial interesse termini

A

Tenant can sue for damages but not for specific performance if refused possession at the start of lease

87
Q

Residential interesse termini

A

Not allowed!

Tenant can obtain order for possession or sue for damages if refused possession at the start of the lease

88
Q

Caveat lessee means

A

“Let the tenant beware”

89
Q

Commercial repairs by landlord

A

The property must be reasonably fit for human occupation, no obligation to repair

No implied condition exists for unfurnished premises

90
Q

The doctrine of ____________ applies to commercial properties because there is no obligation on the landlord to repair

A

Caveat lessee

91
Q

The tenant has to satisfy himself as to the sustainability of the premises ________ entering into the lease

A

Before

92
Q

Repair by landlord residential properties

A

Must repair all premises!!

The landlord is responsible to make repairs for reasonable wear and tear

Is obligated by law to maintain the premises in the state of repair that complied with safety standards

93
Q

Repairs by tenant: commercial properties

A

Tenant-like matter, not to intentionally harm

No duty to repair structural defects

94
Q

Repair by tenants: residential property

A

Ordinary cleanliness, repair, damage, done by self

95
Q

Tenancy termination by landlord (residential) timelines

A

10 days notice
1 months notice
2 months notice
4 months notice

96
Q

Tenancy termination by landlord (residential) 10 days notice

A

For Cause (for either fixed or periodic tenancy)

Non-payment of rent, unpaid utility charges for more than 30 days

97
Q

Tenancy termination by landlord (residential) 1 months notice

A

For cause (either fixed or periodic tenancy)

  • Non payment of security deposit
  • Unreasonable number of people
  • Local authority regarding zoning
98
Q

Tenancy termination by landlord (residential) 2 months notice

A

Landlord use only! (Only during periodic tenancy)

  • landlord or his ‘close family members’ intend to occupy the property
  • purchaser wants to occupy premises

+ 1 month rent

99
Q

When the landlord wants his close family to move into his unit under 2 months notice, who isn’t allowed?

A

Brothers and sisters!!

100
Q

Tenancy termination by landlord (residential) 4 months notice

+ 1 month rent

A

Landlord use only (only during periodic tenancy)

  • convert the unit into a non-residential space or strata
  • renovate or repair require the unit to be vacant - tenant has first right of refusal
101
Q

For landlord use, the effective date cannot be _______ than the date specified as the end of the ______ tenancy in the tenancy agreement

A

This is for 4 months notice

Earlier

Fixed

102
Q

Delivery of Service Documents

When is notice served considered received?

A
  • in person, the same day
  • by email, fax, attaching a copy to a door, emails, or leaving a copy in mail box (3 days later)
  • by mail (including registered) - 5 days later
103
Q

A notice given by a landlord is _________ unless the required form is used

A

Void

104
Q

A notice given by a tenant may be in _______________________ but must contain the necessary details

A

Any written form

105
Q

Dispute of Notice of the End of Tenancy

Tenant:

A
  • for non-payment of rent
  • for cause
  • landlord use of the property
  • for the demolition or major renovation of the rental unit
106
Q

Dispute of Notice of the End of Tenancy

For non-payment of rent

A

The tenant has 5 days

107
Q

Dispute of Notice of the End of Tenancy

For cause

A

The tenant has 10 days

108
Q

Dispute of Notice of the End of Tenancy

Landlord use of the property

A

The tenant has 15 days

109
Q

Dispute of Notice of the End of Tenancy

For the demolition or major renovation of the rental unit

A

The tenant has 30 days

110
Q

At a hearing of a dispute the __________ will review the reason for the notice and either make an order for possession by the landlord or set aside the notice

A

arbitrator

111
Q

Most residential tenancy disputes are addressed through arbitrators of the __________________________

A

Residential Tenancy Branch (RTB)

112
Q

Residential Tenancy Arbitrations

The application for arbitration must be in the ______________, with the ___________, and give details of the matter

A

Required form

Required fee

113
Q

Residential Tenancy Arbitrations

A copy of the application must be given to the other party within ____ days once it’s made

A

3 days

Tres

114
Q

Residential Tenancy Arbitrations

The arbitrator must give the decision within ____________ of the hearing, and the decision must be made in _________

A

30 days

Made in writing

115
Q

Residential Tenancy Arbitrations

The decision is ________ and __________ on the parties, and can be filed in the Supreme Court and enforced as a judgment or order of that court

A

Final and binding

116
Q

CCLA stands for

A

Cannabis Control and Licensing Act

117
Q

Individuals over 19 years old are permitted to

Do what with cannabis?

A
  • possess up to 30 grams of dried cannabis

- cultivate up to 4 plants in their residence

118
Q

-Cultivate up to 4 plants in their residence specifics

A

1) no part of the residence can be used for a daycare

2) cannot be visible to the public

119
Q

Landlords who wish to impose restrictions on a tenants use or cultivation must expressively include such terms in the ______

A

Lease agreement

120
Q

__________: deals with the protection of human rights and the prohibition against discrimination

A

Human rights code

121
Q

_____________________: deals with the protection of personal information and privacy issues that arise in residential tendencies

A

Personal information act

Example: cannot collect SIN numbers

122
Q

The terminology used to describe the parties (in example: landlord and tenant /licensor and licensee) helps you determine whether an agreement is a lease or a license

True or false?

A

False!!

123
Q

Licenses provide exclusive possession where as leases only give the rights described in the lease document

A

False!!

Leases provide exclusivity

124
Q

The Supreme Court Canada held that weather and agreement creates a lease or a license is a matter of intention

True or false?

A

True!!

125
Q

Information officers and arbitrators at the residential tenancy branch have no jurisdiction over

A

Tenancy agreements for a term of more than 20 years

126
Q

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:

A

If the tenant continues to occupy the premises, the tenant is presumed to have been renewed on a month-to-month basis

127
Q

Tim has a fixed term tenancy in Larry’s building that expires on August 31. Larry has decided that he wants to renovate the suite and then it must be vacated for him to do so. Tim pays his rent on the first of the month. On April 20, Larry gives Tim notice of the end of the tenancy agreement pursuant to the residential tenancy act. What is the earliest date I watched him must vacate?

A

August 31st, as per their contract!

128
Q

Term runs for a predetermined period of time is known as:

A

Fixed Tenancy 

129
Q

A tenancy which automatically renews itself on the last day of the term for a further term of the same duration until terminated by either party with proper notice is called a

A

Periodic tenancy

130
Q

Describe the law with respect to security deposit in a commercial tenancy

A

The amount of a security deposit may be freely negotiated between the two parties to a commercial lease

131
Q

Distress is

A

A remedy that can be used when rent is not paid in certain tendencies

Only commercial, not residential!!

132
Q

A commercial tenant is free to sublet or assign the lease, unless there is a specific prohibition against doing so in the lease

A

True!

133
Q

The cannabis control and licensing act provides that individuals in BC who are 19 years of age or older are permitted to possess up to ______ cannabis plants in their residence, provided ____________________

A

Four, no part of the residence is used as a daycare and the plants are not visible from a public place

134
Q

Which of the following is not an example of a situation in which a landlord can end a residential tenancy agreement for cause

A

The premises must be vacated to allow for renovations that cannot be performed while the premises are occupied

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