Chapter 2.4: Commerical + Residential Tenancies Flashcards
The first thing we need to discern is between a ___________ and __________
Lease and a license
A ___________ creates an estate (interest) in _________
Lease
Land
A ____________ creates a landlord-tenant relationship
Lease
Leases provide exclusive ________________ to tenant
Possession
Meaning they must keep you for however long your lease agreement is
Leases can rely on the ______________ (hint it’s an act)
Residential tenancy act
If the property is sold, they cannot cancel your ________
Lease
What is an example of a license
Staying at a hotel!
A license is just a ______________
Contractual privilege
There is no estate / interest in land
With a license, no ___________________ relationship exists
Tenant-landlord
____________ cannot rely on the residential tenancy act (RTA)
License
If the property sells, they can cancel your __________ at any time
License
How to tell the different between a lease and license
Look for the intention!
Aka whether or not the agreement has granted exclusive possession to the tenant
Word check, if you see ‘exclusivity’ this implies ?
A lease!
Exclusive possession means what?
Access 24 hours a day, everyday
It equals a lease
When you are not able to access / do not have exclusive access 24/7, 365, what is it?
A license
Example: allowed from 9am-11pm
Next we need to discern between _________ and _________
Commercial and residential
____________ is governed by common law
Commercial
+ the commercial tenancy act
Commercial properties use _________ (aka _________)
Leases - aka contracts
Examples of commercial properties
Factories, warehouses, stores, and offices
_____________ is governed by statute law
Residential
+ residential tenancy act
Residential properties use __________________(what type of contract?)
Rental / tenancy agreements
“Rental units”
The Residential Tenancy Act does not apply to a number of things, such as?
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
The Residential Tenancy Act does not apply to ___________________ + ______________ that is rented under one lease
Business purpose unit + a dwelling unit attached
The Residential Tenancy Act does not apply to __________________________ rented to a member of the cooperative
Cooperative non-profit housing
The Residential Tenancy Act does not apply to dwellings that share ______________ or ______________ facilities WITH THE OWNER of that accommodation
Share bathroom or kitchen
The Residential Tenancy Act does not apply to dwellings that offer ________________, such as sharing bathrooms, kitchens, and common areas
Communal living
The Residential Tenancy Act does not apply to tenancy agreement for a term exceeding _________
20 years
The Residential Tenancy Act does not apply to ______ or ________ accommodation
Vacation or travel
The Residential Tenancy Act does not apply to ____________, duhhh
Commercial tenancies
__________ of over 3 years should be in writing to be enforceable by the courts (law and equity act section 59)
Lease
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
A _______________ must 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
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
What is not required in a Tenancy Agreement?
- Previous address(es)
* Occupation information
A fixed tenancy _______ and _______ on specific dates
Starts and Ends
A commercial (lease) fixed tenancy
Landlord cannot give notice to evict until the end of the term
No notice required for the leaser to vacate at the end
A ___________________ auto renews at the end of a period
Periodic tenancy
To end a commercial (lease) periodic tenancy you just give a ____________________________
Reasonable notice to end tenancy
A ___________________ is where the tenants occupy the land for a term, which can be terminated by either party at anytime
Tenancy at will
A commercial (lease) tenancy at will
Created and terminated ‘at will’
Usually has no contract
Can be rent free
Example of commercial (lease) tenancy at will
Seasonal shop such as Halloween stores
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
Residential (tenancy agreement) fixed tenancy
Landlord cannot give notice until the end of the term
On expiry: automatically renews to periodic tenancy (aka month to month)
Residential (tenancy agreement) periodic tenancy (notice required?)
Landlord notice is 2 months + 1 month compensation
Tenant gives 1 months notice
Residential (Tenancy Agreement) tenancy at will
Does not apply!
Residential (Tenancy Agreement) tenancy at Sufferance
Does not apply to residential matters
The _________ needs to be collected at the _______________, and you cannot collect it at a later date
Deposit
Start of the term
Commercial deposit specifics
No min or maximum deposit
Landlord who collected the deposit is personally liable for the return of the security deposit
Security Deposit Residential what is and isn’t refundable
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
Rent amount for commercial properties
No minimum or maximum set, whatever you agree on
No increase in rent during a fixed term
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
Residential rent increase fixed tenancy
Can present the tenant with entirely new lease agreement with new rent (once the period is over)
Rent cannot increase or give notice to increase before the fixed lease is over
Consumer price index (CPI) and its relation to residential rent increases
The maximum rent increase is limited to CPI
Unless the landlord gets authorization to increase it more
2 ways to terminate a commercial (termination)
1) expressed in agreement
2) implication of law
2 ways to terminate a residential (termination)
1) expressed in agreement
2) operation of Residential Tenancy Act
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
distress / distraint for commercial properties
Is 100% allowed
Most effective remedy available to the landlord
distress / distraint for residential properties
IS NOT ALLOWED
That right was abolished by the Residential Tenancy Act
Mitigation means what?
Mitigation refers to the legal obligation to minimize or reduce the damages or losses suffered. For example, if a tenant breaches a lease, the landlord must take reasonable steps to find a new tenant to reduce the financial loss.
Commercial properties mitigation
No requirement to mitigate
As common law allows you to sue the tenant
Residential properties mitigation
Landlord must mitigate
The party claiming the compensation (landlord) must do whatever is reasonable to minimize loss of damage
If the tenant fails to participate in the ________________, the landlord is entitled to retain pet / security deposit
Condition inspection
What does it mean to assign a lease?
To transfer all the interest
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
Are you allowed to sublet or assign a commercial Lease?
Yes Sir!
Unless it is prohibited in the lease agreement
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
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
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
_______________: a legally binding promise that is included in every lease agreement but not written in the contract
Implied covenants
An example of an implied covenant is quiet enjoyment, which means?
Quiet enjoyment - privacy, exclusive possession, freedom from unreasonable disturbance
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
Remedies to implied covenants
Damages!
Tenants cannot refuse to pay rent, they must always!
Quiet enjoyment for commercial properties
1) Peaceful occupation: should be able to conduct business undisturbed
2) Landlord’s Conduct: must not interfere with tenants ability to use premises
3) Legal protection: must ensure tenants legal rights to property are secure
4) Access and utilities: uninterrupted access to the premises and ensure essential services
Quiet enjoyment residential property
- reasonable privacy
- freedom from unreasonable disturbance
- landlords right to enter the unit is restricted
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 RTB 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
The landlord has the right to enter the rental if an __________________ - as entry is required to protect life or property
Emergency exists
The landlord has the right to enter the rental if the landlord has _____________ of the director authorizing the entry
An order
The landlord has the ______ to enter the rental if the tenant has abandoned the rental unit
Right
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
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
To enter your unit, the landlord must give __________________ or the tenant can give permission at the time of entry
24 hours WRITTEN notice (not oral)
To enter your unit, the landlord cannot use notice that has been longer than
30 days!
Landlord notice to enter its rental unit must include:
1) The purpose for entering
1) be between 8am-9pm, unless the tenant agrees otherwise
Define derogation from grant
Means that the landlord must not do anything that significantly reduces the value or utility of the leased property, or interferes with the tenant’s ability to use the property as intended, based on the terms of the lease. This applies to both commercial and residential properties.
No estate in land passes until the tenant enters into __________ of the leases premises. This is known as Interesse Termini
Possession
What does it mean if a tenant can sue for damages but not for specific performance if refused possession at the start of a lease?
It means that if a tenant is denied entry to the property at the beginning of the lease term, they can seek financial compensation (damages) for any losses incurred, but they cannot compel the landlord through legal action (specific performance) to give them possession of the property.
What is “interesse termini” in the context of residential leases?
Refers to the interest a tenant has in a property before actually taking possession. It means the tenant has a right to the lease term, but no legal estate or possession of the property until they move in.
Caveat lessee means
“Let the tenant beware”
Commercial repairs by landlord
Landlord’s obligation to make repairs in a commercial lease depends on the lease terms. Generally, commercial properties must be reasonably fit for their intended use, including being safe and suitable for human occupation.
Always refer to the lease contract for specific details.
The doctrine of ____________ applies to commercial properties because there is no obligation on the landlord to repair
Caveat lessee
The tenant has to satisfy himself as to the sustainability of the premises ________ entering into the lease
Before
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
Repairs by tenant: commercial properties
Depends on lease agreement. Generally tenants are responsible for smaller repairs, while landlords are required to handle major/structural repairs.
Repair by tenants: residential property
Ordinary cleanliness, repair, damage, done by self
Tenancy termination by landlord (residential) timelines
Unpaid Rent: 10 days notice
Cause (breach of agreement/illegal activity): 1 months notice
Landlord use of property (selling to someone moving in): 2 months notice
Demolition/Renovation: 4 months notice
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
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
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 free
When the landlord wants his close family to move into his unit under 2 months notice, who isn’t allowed?
Brothers and sisters!!
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
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
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
A notice given by a landlord is _________ unless the required form is used
Void
A notice given by a tenant may be in _______________________ but must contain the necessary details
Any written form
How can a tenant Dispute a Notice of the End of Tenancy
Tenant:
A tenant can dispute a notice of the end of tenancy by applying for dispute resolution with the Residential Tenancy Branch (RTB) within the required timeframe:
- 5 days: For a 10-day notice to end tenancy for unpaid rent or utilities.
- 10 days: For a one-month notice to end tenancy for cause.
- 15 days: For a two-month notice to end tenancy for landlord’s use of property.
- 30 days: For a four-month notice to end tenancy for demolition, renovation, or conversion.
Dispute of Notice of the End of Tenancy
For non-payment of rent
The tenant has 5 days
Dispute of Notice of the End of Tenancy
For cause
The tenant has 10 days
Dispute of Notice of the End of Tenancy
Landlord use of the property
The tenant has 15 days
Dispute of Notice of the End of Tenancy
For the demolition or major renovation of the rental unit
The tenant has 30 days
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
Most residential tenancy disputes are addressed through arbitrators of the __________________________
Residential Tenancy Branch (RTB)
Residential Tenancy Arbitrations
The application for arbitration must be in the ______________, with the ___________, and give details of the matter
Required form
Required fee
Residential Tenancy Arbitrations
A copy of the application must be given to the other party within ____ days once it’s made
3 days
Tres
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
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
CCLA stands for
Cannabis Control and Licensing Act
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
-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
Landlords who wish to impose restrictions on a tenants use or cultivation must expressively include such terms in the ______
Lease agreement
__________: deals with the protection of human rights and the prohibition against discrimination
Human rights code
_____________________: deals with the protection of personal information and privacy issues that arise in residential tendencies
Personal information act
Example: cannot collect SIN numbers
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!!
Licenses provide exclusive possession where as leases only give the rights described in the lease document
False!!
Leases provide exclusivity
The Supreme Court Canada held that weather and agreement creates a lease or a license is a matter of intention
True or false?
True!!
Information officers and arbitrators at the residential tenancy branch have no jurisdiction over
Tenancy agreements for a term of more than 20 years
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
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!
Term runs for a predetermined period of time is known as:
Fixed Tenancy 
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
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
Distress is
A remedy that can be used when rent is not paid in certain tendencies
Only commercial, not residential!!
A commercial tenant is free to sublet or assign the lease, unless there is a specific prohibition against doing so in the lease
True!
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
Aside from landlord use what’s the other reason a landlord can give notice for a residential tenancy agreement to end that does NOT relate to CAUSE
The premises must be vacated to allow for renovations that cannot be performed while the premises are occupied
What is the Right of First Refusal
The right of first refusal in the context of rent gives a current tenant the option to lease additional space or renew their lease before the landlord can offer it to other potential tenants.
Ex. Renovations undergoing after completed the tenant is allowed to return (landlord can change the rent to be higher if they so choose)
What is the Right of First Refusal
The right of first refusal in the context of rent gives a current tenant the option to lease additional space or renew their lease before the landlord can offer it to other potential tenants.
Ex. Renovations undergoing after completed the tenant is allowed to return (landlord can change the rent to be higher if they so choose)
