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
2
Q
A ___________ creates an estate (interest) in _________
A
Lease
Land
3
Q
A ____________ creates a landlord-tenant relationship
A
Lease
4
Q
Leases provide exclusive ________________ to tenant
A
Possession
Meaning they must keep you for however long your lease agreement is
5
Q
Leases can rely on the ______________
A
Residential tenancy act
6
Q
If the property is sold, they cannot cancel your ________
A
Lease
7
Q
What is an example of a license
A
Staying at a hotel!
8
Q
A license is just a ______________
A
Contractual privilege
There is no estate / interest in land
9
Q
With a license, no ___________________ relationship exists
A
Tenant-landlord
10
Q
____________ cannot rely on the residential tenancy act (RTA)
A
License
11
Q
If the property sells, they can cancel your __________ at any time
A
License
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
13
Q
Word check, if you see ‘exclusivity’ this implies ?
A
A lease!
14
Q
Exclusive possession means what?
A
Access 24 hours a day, everyday
It equals a lease
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
16
Q
Next we need to discern between _________ and _________
A
Commercial and residential
17
Q
____________ is governed by common law
A
Commercial
+ the commercial tenancy act
18
Q
Commercial properties use _________ (aka _________)
A
Leases - aka contracts
19
Q
Examples of commercial properties
A
Factories, warehouses, stores, and offices
20
Q
_____________ is governed by statute law
A
Residential
+ residential tenancy act
21
Q
Residential properties use __________________
A
Rental / tenancy agreements
“Rental units”
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
23
Q
The Residential Tenancy Act does not apply to ___________________ + ______________ that is rented under one lease
A
Business purpose unit + a dwelling unit attached
24
Q
The Residential Tenancy Act does not apply to __________________________ rented to a member of the cooperative
A
Cooperative non-profit housing
25
The Residential Tenancy Act does not apply to dwellings that share ______________ or ______________ facilities WITH THE OWNER of that accommodation
Share bathroom or kitchen
26
The Residential Tenancy Act does not apply to dwellings that offer ________________, such as sharing bathrooms, kitchens, and common areas
Communal living
27
The Residential Tenancy Act does not apply to tenancy agreement for a term exceeding _________
20 years
28
The Residential Tenancy Act does not apply to ______ or ________ accommodation
Vacation or travel
29
The Residential Tenancy Act does not apply to ____________, duhhh
Commercial tenancies
30
__________ of over 3 years should be in writing to be enforceable by the courts (law and equity act section 59)
Lease
31
For commercial agreements….
A lease should include
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
32
_______________ 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
Tenancy agreement
33
Tenancy agreement should include
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
34
What is not required in a Tenancy Agreement?
* Previous address(es)
| * Occupation information
35
A fixed tenancy _______ and _______ on specific dates
Starts and Ends
36
A commercial (lease) fixed tenancy
Cannot give notice until the end of the term
No notice required to vacate at the end
37
A ___________________ auto renews at the end of a period
Periodic tenancy
38
A commercial (lease) periodic tenancy requires ____________________________
Reasonable notice to end tenancy
39
A ___________________ is where the tenants occupy the land for a term, which can be terminated by ___________________
Tenancy at will
Either party at anytime
40
A commercial (lease) tenancy at will
Created and terminated ‘at will’
Usually has no contract
Can be rent free
41
Example of commercial (lease) tenancy at will
Seasonal shop such as Halloween alley
42
Commercial (lease) tenancy at sufferance
Landlord refuses to accept rent from his tenant due to ‘hold-over’ after lease expires
Doubles tenants rent if not moved out
43
Residential (tenancy agreement) fixed tenancy
Cannot give notice until the end of the term
On expiry: automatically renews to periodic tenancy (aka month to month)
44
Residential (tenancy agreement) periodic tenancy
Landlord notice is 2 months + 1 month compensation
Tenant gives 1 months notice
45
Residential (Tenancy Agreement) tenancy at will
Does not apply!
46
Residential (Tenancy Agreement) tenancy at Sufferance
Does not apply to residential matters
47
The _________ needs to be collected at the _______________, and you cannot collect it at a later date
Deposit
Start of the term
48
Commercial deposit specifics
No min or maximum deposit
Landlord who collected the deposit is personally liable for the return of the security deposit
49
Security Deposit Residential
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
50
Rent for amount commercial properties
No minimum or maximum set, whatever you agree on
No increase in rent during a fixed term
51
Residential rent increase for periodic tenancy
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
52
Residential rent increase fixed tenancy
Can present the tenant with entirely new lease agreement with new rent
53
Consumer price index (CPI) and its relation to residential rent increases
Unless the landlord receives approval for a larger increase, the maximum rent increase is limited to CPI
54
2 ways to terminate a commercial (termination)
1) expressed in agreement
| 2) implication of law
55
2 ways to terminate a residential (termination)
1) expressed in agreement
| 2) operation of Residential Tenancy Act
56
What does distress / distraint mean!
Seize a tenants belongings to cover debt
Is a remedy that can be used when rent is not paid in certain tenancies
57
distress / distraint for commercial properties
Is 100% allowed
Most effective remedy available to the landlord
58
distress / distraint for residential properties
IS NOT ALLOWED
That right was abolished by the Residential Tenancy Act
59
Mitigation means what?
Re-rent: obligation on a landlord to minimize loss of revenue from abandonment
60
Commercial properties mitigation
No requirement to mitigate
As common law allows you to sue the tenant
61
Residential properties mitigation
Landlord must mitigate
The party claiming the compensation must do whatever is reasonable to minimize loss of damage
62
If the tenant fails to participate in the ________________, the landlord is entitled to retain pet / security deposit
Condition inspection
63
What does it mean to assign a lease?
To transfer all the interest
64
What does it mean to sublease / sublet?
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
Are you allowed to sublet or assign a commercial Lease?
Yes Sir!
Unless it is prohibited in the lease agreement
66
Are you allowed to sublet / assign in a residential agreement?
Allowed- unless prohibited in the lease agreement
But you cannot assign or sublet without the written consent from a landlord
67
Residential written consent from landlord to sublet or assign
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
Can the landlord charge a fee to a residential lease for subletting?
No!
| No fees can be charged by a landlord for allowing the tenant to sublet
69
_______________: a legally binding promise that is included in every lease agreement but not written in the contract
Implied covenants
70
An example of an implied covenant is quiet enjoyment, which means?
Quiet enjoyment - privacy, exclusive possession, freedom from unreasonable disturbance
71
Another implied covenant is breach of tenants rights, which mean?
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
Remedies to implied covenants
Damages!
Tenants cannot refuse to pay rent, they must always!
73
Quiet enjoyment for commercial properties
Tenant has the right to be free of claims against title (defective title)
74
Quiet enjoyment residential property
- reasonable privacy
- freedom from unreasonable disturbance
- landlords right to enter the unit is restricted
75
The landlord‘s right to enter rental units is restricted to:
Residential only!
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
The landlord has the right to enter the rental if an __________________ - as entry is required to protect life or property
Emergency exists
77
The landlord has the right to enter the rental if the landlord has _____________ of the director authorizing the entry
An order
78
The landlord has the right to enter the rental if the ________________________
Tenancy has abandoned the rental unit
79
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
Services
80
The landlord has the right to enter the rental if it’s time for a _________________, to which they can inspect the rental ____________
Landlord inspection
Monthly
81
To enter your unit, the landlord must give __________________ or the tenant can give permission at the time of entry
24 hours written notice
82
To enter your unit, the landlord cannot use notice that has been longer than
30 days!
83
Landlord notice to enter its rental unit must include:
1) The purpose for entering
| 1) be between 8am-9pm, unless the tenant agrees otherwise
84
Commercial and residential properties, derogation from grant
Cannot prejudice (take away) any tenants rights under lease
85
No estate in land passes until the tenant enters into __________ of the leases premises. This is known as Interesse Termini
Possession
86
Commercial interesse termini
Tenant can sue for damages but not for specific performance if refused possession at the start of lease
87
Residential interesse termini
Not allowed!
Tenant can obtain order for possession or sue for damages if refused possession at the start of the lease
88
Caveat lessee means
“Let the tenant beware”
89
Commercial repairs by landlord
The property must be reasonably fit for human occupation, no obligation to repair
No implied condition exists for unfurnished premises
90
The doctrine of ____________ applies to commercial properties because there is no obligation on the landlord to repair
Caveat lessee
91
The tenant has to satisfy himself as to the sustainability of the premises ________ entering into the lease
Before
92
Repair by landlord residential properties
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
Repairs by tenant: commercial properties
Tenant-like matter, not to intentionally harm
No duty to repair structural defects
94
Repair by tenants: residential property
Ordinary cleanliness, repair, damage, done by self
95
Tenancy termination by landlord (residential) timelines
10 days notice
1 months notice
2 months notice
4 months notice
96
Tenancy termination by landlord (residential) 10 days notice
For Cause (for either fixed or periodic tenancy)
Non-payment of rent, unpaid utility charges for more than 30 days
97
Tenancy termination by landlord (residential) 1 months notice
For cause (either fixed or periodic tenancy)
* Non payment of security deposit
* Unreasonable number of people
* Local authority regarding zoning
98
Tenancy termination by landlord (residential) 2 months notice
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
When the landlord wants his close family to move into his unit under 2 months notice, who isn’t allowed?
Brothers and sisters!!
100
Tenancy termination by landlord (residential) 4 months notice
+ 1 month rent
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
For landlord use, the effective date cannot be _______ than the date specified as the end of the ______ tenancy in the tenancy agreement
This is for 4 months notice
Earlier
Fixed
102
Delivery of Service Documents
When is notice served considered received?
* 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
A notice given by a landlord is _________ unless the required form is used
Void
104
A notice given by a tenant may be in _______________________ but must contain the necessary details
Any written form
105
Dispute of Notice of the End of Tenancy
Tenant:
* for non-payment of rent
* for cause
* landlord use of the property
* for the demolition or major renovation of the rental unit
106
Dispute of Notice of the End of Tenancy
For non-payment of rent
The tenant has 5 days
107
Dispute of Notice of the End of Tenancy
For cause
The tenant has 10 days
108
Dispute of Notice of the End of Tenancy
Landlord use of the property
The tenant has 15 days
109
Dispute of Notice of the End of Tenancy
For the demolition or major renovation of the rental unit
The tenant has 30 days
110
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
arbitrator
111
Most residential tenancy disputes are addressed through arbitrators of the __________________________
Residential Tenancy Branch (RTB)
112
Residential Tenancy Arbitrations
The application for arbitration must be in the ______________, with the ___________, and give details of the matter
Required form
Required fee
113
Residential Tenancy Arbitrations
A copy of the application must be given to the other party within ____ days once it’s made
3 days
Tres
114
Residential Tenancy Arbitrations
The arbitrator must give the decision within ____________ of the hearing, and the decision must be made in _________
30 days
Made in writing
115
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
Final and binding
116
CCLA stands for
Cannabis Control and Licensing Act
117
Individuals over 19 years old are permitted to
Do what with cannabis?
- possess up to 30 grams of dried cannabis
| - cultivate up to 4 plants in their residence
118
-Cultivate up to 4 plants in their residence specifics
1) no part of the residence can be used for a daycare
| 2) cannot be visible to the public
119
Landlords who wish to impose restrictions on a tenants use or cultivation must expressively include such terms in the ______
Lease agreement
120
__________: deals with the protection of human rights and the prohibition against discrimination
Human rights code
121
_____________________: deals with the protection of personal information and privacy issues that arise in residential tendencies
Personal information act
Example: cannot collect SIN numbers
122
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?
False!!
123
Licenses provide exclusive possession where as leases only give the rights described in the lease document
False!!
Leases provide exclusivity
124
The Supreme Court Canada held that weather and agreement creates a lease or a license is a matter of intention
True or false?
True!!
125
Information officers and arbitrators at the residential tenancy branch have no jurisdiction over
Tenancy agreements for a term of more than 20 years
126
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 tenant is presumed to have been renewed on a month-to-month basis
127
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?
August 31st, as per their contract!
128
Term runs for a predetermined period of time is known as:
Fixed Tenancy 
129
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
Periodic tenancy
130
Describe the law with respect to security deposit in a commercial tenancy
The amount of a security deposit may be freely negotiated between the two parties to a commercial lease
131
Distress is
A remedy that can be used when rent is not paid in certain tendencies
Only commercial, not residential!!
132
A commercial tenant is free to sublet or assign the lease, unless there is a specific prohibition against doing so in the lease
True!
133
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 ____________________
Four, no part of the residence is used as a daycare and the plants are not visible from a public place
134
Which of the following is not an example of a situation in which a landlord can end a residential tenancy agreement for cause
The premises must be vacated to allow for renovations that cannot be performed while the premises are occupied
