Chapter 6 – Tenancy

Question 1

What is the difference between a lease and a license?

Answer 1

Elyse creates an interest in land and license is a contractual all privilege

Question 2

2 types of Tenancy are commercial and residential tenancy.

This is part of the residential tenancy act “RTA”

What is the legal difference?

Answer 2

Commercial = common law

Residential = statute law

Question 3

How much are Rent deposits for commercial and residential?

Answer 3

Commercial = no maximum

Residential = half a months rent + half a month pet damage

Question 4

Rental privacy difference in commercial versus residential

Answer 4

Commercial is stated in the lease

Residential is 24 hours written notice

Question 5

Substance of agreement will dictate residential tenancy… Example

Answer 5

Periodic means auto renew = if you have when your lease and it expires and doesn’t renew it automatically goes month-to-month

Commercial – reasonable notice is good periodic on month-to-month lease = give two months notice

Question 6

When can you terminate a tenancy? Commercial and residential

Answer 6

Commercial = lease expired or Tenant breeches lease

Residential = only reason written agreement or by operation of the act – landlord wants to use property – or with cause = Noise etc. equals only one month needed.

Question 7

Sale of the property with tenant

Answer 7

Can pay them off or continue would lease

Once subjects are removed you can give two months notice, although wrongful evection can cost you two months rent and the tenant can come after you.

If a residential lease is over 20 years old it becomes commercial

Question 8

What is mitigation?

When does it have to be applied?

Answer 8

Mitigation is ensuring loss is minimized or less painful.

Only needs to be applied in residential tendencies not commercial