Chapter 6 Residential Tenancy Act

Question 1

In the situation where a residential tenant under a fixed term tenancy abandons the premises prior to the end of the term, the obligation imposed on the landlord to try to re-rent the premises as quickly as possible is referred to as:

(1) the duty to mitigate damages.
(2) the covenant of quiet enjoyment.
(3) derogation from the grant.
(4) the doctrine of interesse termini.

Answer 1

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Question 2

Which of the following is NOT required in a notice of the end of the tenancy agreement by a tenant under the Residential Tenancy Act?

(1) written notice signed by the tenant
(2) the address of the premises for which the notice is given
(3) the occupations of the parties
(4) the date of termination of the tenancy

Answer 2

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Question 3

Diana leased an apartment from Horst for 12 months commencing January 1. On April 1, Horst conveyed the building to Bing. On April 15, Bing gave Diana a notice of end of the tenancy agreement effective May
15. The reason for the termination was that Bing wanted the apartment for his daughter, who had recently been married. Under the Residential Tenancy Act, what is the earliest date by which Bing can require Diana to leave?

(1) May 31
(2) May 15
(3) December 31
(4) June 30

Answer 3

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Question 4

Kent rented his Kerrisdale house to Lisa for a fixed term of three years commencing July 1, 2001 and terminating on June 30, 2004 for an annual rent of $12,000 payable in equal monthly installments on the first day of each month. On April 12, 2003 Lisa abandoned the premises without giving notice to Kent, and without paying the rent for April. The B.C. Residential Tenancy Act requires Kent to:

(1) hire a bailiff to distrain Lisa’s goods left on the premises to compensate Kent for the rent in arrears.
(2) limit his claim against Lisa for arrears of rent to the amount of the security deposit provided by her.
(3) attempt to re-rent the premises and mitigate his damages.
(4) sue Lisa for the rent due for the remaining term of the lease without any obligation for Kent to account to Lisa for the security deposit and accrued interest.

Answer 4

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Question 5

Lawson has rented his warehouse to Tyler who runs a moving and storage business. Which one of the following is NOT a remedy available to Lawson if Tyler fails to pay his rent?

(1) Lawson can re-enter the premises and forfeit the rent payable for the balance of the rental period.
(2) Lawson may seize the personal property of Tyler and sell it in order to pay the arrears of rent.
(3) Lawson can sue Tyler for the rent as would any creditor.
(4) Lawson can apply under the provisions of the Residential Tenancy Act for an arbitrator to be appointed.

Answer 5

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Question 6

When attempting to determine whether a particular relationship is that of landlord and tenant or licensor and licensee, it is best to:

(1) look at the formal wording of the document.
(2) look at the substance of the agreement between the parties.
(3) consult the Residential Tenancy Act.
(4) consult the Commercial Tenancies Act.

Answer 6

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Question 7

Charlie enters into a fixed term tenancy agreement with Lucy for the rental of a suite during the school year. The agreement is for eight months beginning on September 1, 2004. The agreement does not provide that Charlie must vacate the rental unit when the term expires. In April, Charlie finds a summer job and decides to remain in the suite after the original lease expires. He pays Lucy one month’s rent on May 1, 2005, which she accepts. No new agreement is entered into. Two days later, Lucy learns that her brother, Linus, has been transferred back to Vancouver and is expected to arrive at the end of the month with his new wife, Sally. Linus has indicated that he wishes to live in the suite now occupied by his old friend Charlie.

Which of the following statements is TRUE?

(1) Under the termination provisions of the Residential Tenancy Act, Lucy can give Charlie notice of the end of the tenancy agreement since she intends, in good faith, for her brother to occupy the premises.
(2) Lucy just has to wait until the end of May, and can evict Charlie at any time after that, since the original fixed term lease has expired and there is no new tenancy agreement.
(3) If Linus decides to purchase the premises, and Lucy provides Charlie with at least two months’ notice and pays an amount equivalent to one months’ rent, he must move in within a reasonable time after the effective date of the notice and stay for at least 6 months or else a court may order that Charlie be paid an amount equivalent to two months’ rent.
(4) Regardless of whether Linus chooses to purchase or rent, Lucy can give at least two months’ notice, and the end of tenancy would not be effective until July 31, 2005 at the earliest.

Answer 7

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Question 8

Under the Residential Tenancy Act, the landlord is entitled to collect a security deposit equal to:

(1) one half of one month’s rent.
(2) one month’s rent.
(3) the first and last month’s rent.
(4) six months’ rent.

Answer 8

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Question 9

Jennie has rented her apartment on a month to month basis for two years without a rent increase. She receives a properly delivered rent increase notice on July 31 raising her rent from $750 per month to $1,075 per month effective November 1. She feels this increase is excessive and discusses it with her landlord, but her landlord remains convinced that $1,075 is a fair market value rent, even though the applicable Consumer Price Index (CPI) is 3%. Which of the following statements is TRUE?

(1) The notice of rent increase is invalid because it is less than 6 months before it becomes effective.
(2) This rent increase can not be valid or approved because it is greater than the CPI plus 2%.
(3) This rent increase will be valid only if there has been a change of landlords.
(4) This rent increase will be valid only if approved for special circumstances as set out in the Residential Tenancy Act Regulations.

Answer 9

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Question 10

Which of the following examples would NOT entitle a landlord to terminate a residential tenancy under the BC Residential Tenancy Act?

(1) Amit, a tenant, has a girlfriend who stays in the apartment with him four or five days a week. They are constantly fighting and screaming late at night which wakes the other tenants.
(2) Jean Paul, a landlord, wants to give notice to Velma, a tenant, so that Jean Paul’s nephew who is moving to Vancouver can live there.
(3) Vittorio, a tenant, has been late in paying his rent for eight months in a row.
(4) Mikhail and Raisa entered a tenancy agreement on May 1 and Raisa moved in on May 15. On June 10 Raisa still had not paid to Mikhail the agreed-upon security deposit.

Answer 10

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Question 11

Patty and Henry sign a residential tenancy agreement specified to last for one year commencing on January 1, 2005 and ending December 31, 2005 but not specifically requiring the tenant to vacate the rental unit at the end of the tenancy. Assuming neither party has given notice to end the tenancy agreement, which of the following statements about Patty and Henry’s agreement is true under the B.C. Residential Tenancy Act?

(1) On December 31, the term of the tenancy will automatically renew for another one year term.
(2) On December 31, unless the agreement provides otherwise, the term will automatically renew as a month to month tenancy.
(3) On December 31, the tenancy will automatically terminate.
(4) On December 31, the tenancy will automatically renew for one month and then terminate unless the parties give notice to continue.

Answer 11

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Question 12

Which of the following statements about periodic tenancies are FALSE?

A. Where a tenant “overholds” a fixed term commercial lease and the landlord continues to accept the rent a periodic tenancy is created.
B. Where a periodic tenancy is created as a result of a tenant overholding a fixed term commercial lease, the resulting periodic tenancy will be on all the same terms as the fixed term lease except the rent will be increased by ten percent.
C. Where a fixed-term residential tenancy expires it will automatically convert to a month to month periodic tenancy unless the parties have agreed in writing that it will not do so, at the time they entered into a fixed term tenancy agreement.
D. Where a periodic tenancy is created at the end of a term-certain commercial lease of five years the new periodic tenancy will always be for a term of five years.

(1) A and B are false.
(2) B, C and D are false.
(3) B and C are false.
(4) B and D are false.

Answer 12

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Question 13

When determining the rights of a landlord of residential premises, one must look to many sources including:

A. the lease between landlord and tenant.
B. the Commercial Tenancy Act.
C. the common law.
D. the Rent Distress Act.

Which of the above statements are TRUE?

(1) A, B, C and D are true.
(2) Only A and C are true.
(3) Only A, C and D are true.
(4) None of the statements are true.

Answer 13

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Question 14

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

(1) The number of persons permanently occupying a suite is unreasonable.
(2) A tenant fails to give the necessary security deposit within 30 days of the date required by the tenancy agreement.
(3) The premises must be vacated to allow for renovations which cannot be performed while the premises are occupied.
(4) The premises must be vacated to comply with an order made by the local authority regarding zoning.

Answer 14

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Question 15

Which of the following is NOT subject to the provisions of the Residential Tenancy Act?

(1) a residential condominium rented out by the offshore owner
(2) an apartment attached to a warehouse rented under a separate lease
(3) a basement suite in a private residence
(4) a house left for a 29 year term

Answer 15

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Question 16

Which of the following statements is TRUE with respect to residential tenancies under the provisions of the Residential Tenancy Act?

A. A landlord is entitled to give not less than one month written notice of the end of the tenancy agreement to a tenant who, after two months of entering into the tenancy agreement, has failed to give the security deposit required under the agreement.
B. In cases of emergency, a landlord has a right of entry to leased premises.
C. A landlord is entitled to demand a security deposit not exceeding one-half month’s rent.
D. With the consent of the landlord, a residential tenant can assign or sublet all or part of the leased premises at any time during the term of the tenancy.
E. The Act has imposed on residential tenants a slightly higher duty to repair and maintain leased premises than exists under the common law.

(1) All of the above
(2) Only C
(3) B,D and E
(4) B, C, D and E

Answer 16

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Question 17

erica owns a 12 unit residential apartment building and has notified chris that she must terminate his tenancy because she is planning for repairs that can only be conducted if his unit is unoccupied. Chris does not want the repairs. however, he has notified erica that if they must be conducted, he would like to return after the repairs are complete. which of the following describes ericas obligation to chris?

1. erica must not end Chris’s tenancy if he does not want the repairs to be conducted
2. erica has no obligation to offer Chris any terms for returning to the unit after the repairs are complete
3. erica must offer Chris the right of first refusal to enter into a new tenancy agreement after the repairs are complete, at the previous rate of rent.
4. erica must offer Chris the right of first refusal to enter into a new tenancy agreement after the repairs are complete, at a rent determined by erica

Answer 17

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Question 18

When determining the rights of a tenant residential premises which of the following sources of law must the parties look to?

1. the Rent Distress Act.
2. the Commercial Tenancy Act.
3. the common law.
4. none of the above

Answer 18

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Question 19

a tenancy agreement, as statutorily defined:

1. entitles a landlord to exercise the right to distrain a tenant’s goods for arrears of rent
2. requires a tenant to carry out all repairs and maintenance of the leased premises
3. must always be registered in the land title office to secure a tenant’s rights against a subsequent owner of the leased premises
4. will be terminated if a residential tenant abandons the rental unit

Answer 19

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Question 20

Which of the following statements is False with respect to residential tenancies under the Residential Tenancy Act?

1. A landlord is entitled to give not less than one month written notice of the end of the tenancy agreement to a tenant who, after two months of entering into the tenancy agreement, has failed to give the security deposit required under the agreement.
2. In cases of emergency, a landlord has a right of entry to leased premises.
3. A landlord may only increase rent once per year and must provide either written or oral notice at least three months before it becomes effective
4. With the consent of the landlord, a residential tenant can assign or sublet all or part of the leased premises at any time during the term of the tenancy.

Answer 20

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Question 21

A landlord has rented an apartment to a tenant under a one year tenancy agreement. Three days ago, at the beginning of the third month of the term, the tenant failed to pay rent as due. What action can the landlord take?
(1) The landlord may immediately enter the leased premises and seize the tenant’s furniture of sufficient value to equal the amount of rent owing.
(2) The landlord is prohibited by law from terminating this fixed term lease; it must continue until its expiry date. The landlord’s only remedy is to take the matter to arbitration.
(3) The landlord may now give the tenant 10 days written notice of the end of the tenancy agreement, and the tenant may avoid termination by paying the overdue rent within 5 days of receiving the notice.
(4) The agreement is now void because of the tenant’s breach of one its fundamental covenants, i.e., the requirement to pay rent.

Answer 21

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Question 22

In which one of the following situations may the landlord choose to give the tenant one month’s notice of the end of the tenancy agreement?

(1) Charles is renting a one-bedroom apartment in the West End of Vancouver on a month-to-month basis. He has been diligent in paying his rent on the due date each month but the landlord has recently discovered that Charles’ friend, Christine, has moved into the apartment with him.
(2) Jordan’s warehouse is long overdue for a major renovation which cannot be completed with the present tenant in occupation. Aladdin, the tenant, has four months left on his term certain tenancy and does not wish to move.
(3) On September 1st, Kirsten moved into a small house owned by Jackson without paying the security deposit of $300 requested by the rental agent and according to the terms of the tenancy agreement. On September 30th she tenders $600 for the October rent but refuses to pay the additional $300 for the security deposit.
(4) MacGregor’s son is moving to Vancouver and wants to live in an apartment which MacGregor owns and has rented out to Mrs. Julian for the last twenty years.

Answer 22

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