Residential Tenancies Flashcards
What are some differences between commercial and residential tenancies?
commercial:
- security of tenure for the term of the lease
- estate
residential
- security of tenure beyond the term of the lease
- contract for accommodation
True or False residential tenancies are legislated by the common law?
False, the Residential Tenancies Act replaces the act in directing how residential tenancies are controlled
What are some of the rights that the Residential tenancies act confers on landlords?
the Residential tenancies act does not require property owners to be landlords, does not require the landlord’s wishes to be reasonable and only requires genuine intention to use the property
Importance of Jaffer v Sachdev?
(apartment over a restaurant)
in assessing the landlord’s wish to terminate the tenancy, only the genuine nature of the landlord’s intentions matter
Importance of Salter v Beljinac?
(evict for son; other options available)
affirms Jaffer v Sachdev - the landlord can choose to evict. All that matters are the landlord’s true intentions
Under what circumstances might a court refuse a landlord’s request to evict a tenant?
if the landlord is making a case in bad faith
What are some of the tenant ‘faults’ that can lead to eviction?
- Persistent late payment of rent
- Non-payment of rent
- Illegality
- Undue damage
- Interference with reasonable enjoyment of the other tenants or the landlord
- Impairment of the safety of any person
Importance of Wolch?
(tenant with schizophrenia)
landlords are required to reasonably accommodate tenants with disabilities
Importance of Vanwyngaarden?
(tenant with Tourette’s)
When accommodating tenants with disabilities, accommodation is to the point of “undue hardship” and is a high standard
How is a ruling of eviction treated by the board?
eviction is ordered as a last resort and s. 83 permits the board not to evict despite the fact that the landlord has fully made their case
- balance the tenant’s and the landlord’s interests
- rarely given in drug-trafficking cases
What are some examples of provisions in the Residential Tenancies Act that shifts the conceptual basis of residential tenancies towards contract law
s. 16 - mitigation (duty to mitigate losses)
s. 17 - interdependence of covenants (permits the tenant to withhold rent where a landlord is in serious breach of their obligations)
s. 19 - frustration (refers directly to the Frustrated Contracts Act)
s. 40 - abolishes distress (to be more in line with contract law)
s. 3 - refers to “rental units in residential complexes” rather than to leases or demised properties
True or False, in residential tenancies the landlord is required, by statute, to both provide and maintain the premises?
True - s. 20
A landlord can choose how to use their property and the RTA allows a landlord to terminate an agreement under certain circumstances: name 3:
s. 48 - personal occupation by the landlord or close family member
s. 49 - personal occupation by a purchaser of the building
s. 50 - convert it to non-residential uses and/or extensive renovations
according to the RTA, what does a landlord need to show to evict someone on grounds of illegality?
- need to show that the tenant permitted the illegal act (no longer required that the tenant committed it themselves)
- the individual does not need to be convicted, the standard of proof is on the balance of probabilities rather than the criminal standard of ‘beyond a reasonable doubt’
