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Property - Module III > Residential Tenancies Act > Flashcards

Residential Tenancies Act Flashcards

1
Q

Definition of a leasehold

A
  • transfer of exclusive possession
  • in exchange for rent
  • fixed duration
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2
Q

Statutorily-mandated terms of a lease

A 
s 8 - makes them apply
s 9 - lists them (GESSALTCD)
G - good behaviour (mutual)
E - entry of premises (2 requirements)
S - services from landlord
S - subletting
A - abandonment
L - late payment max penalty
T - tenant obligations
C - condition of property
D - doors/locks
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3
Q

Provisions governing landlord rules

A

s 9A - landlord must present rules to tenant on signing of the lease
s 9A(1) - new rules can be introduced when
1. intended to promote fair distribution of services, promote safety, protect property from abuse
2. reasonable connected to purpose
3. applies fairly to all

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4
Q

Notice of termination requirements (tenant)

A

s 10
Yearly = 3 months’ notice
Monthly = 1 months’ notice
Weekly = 1 weeks’ notice

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5
Q

Notice of termination requirements (landlord)

A 
s 10 (4 grounds)
s 10(6) 15 days in arrears of rent
s 10(7) tenant poses a risk to property
s 10(7D) beach of obligations under s 9
s 10(8) other situations (university, employment, application to director)
  • must always be in writing
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6
Q

How does a landlord make an application to the director to effect notice of termination?

A

s 10(8)

  • good faith requirement for landlord’s residence or family member
  • good faith requirement for demolition or substantial renovation
  • director deems appropriate in the circumstances
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7
Q

What is the anniversary date?

A

The date the lease is signed

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8
Q

When can a landlord increase rent?

A

s 11

  • must wait at least 12 months from first signing
  • can only increase once every 12 months
  • for fixed-term leases, it must be in the conditions of the lease
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9
Q

How much notice does a landlord need to give for a rent increase?

A

s 11
Yearly = 4 months’ notice
Monthly = 4 months’ notice
Weekly = 8 weeks’ notice

  • must always be in writing
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10
Q

Qualities of a security deposit

A

s 12

  • maximum 1/2 of monthly rent
  • any payment beyond rent will be deemed security deposit payment
  • must be returned within 10 days

s 13
if being withheld for repair must apply to director within 10 days

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11
Q

What happens if no notice to renew is given?

A

For a fixed-term lease it automatically becomes a monthly lease
For any other lease it is automatically renewed for the same term

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12
Q

How much notice do you have to give to turn a yearly lease into a month-to-month lease?

A

3 months

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13
Q

How do you appeal a decision made by the director?

A

s 13 - Small claims court

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14
Q

Section 8 and 9

A 
Mandatory statutory conditions in a lease
s 8 - they apply no matter what
s 9 - list of conditions (GASSALTCD)
G - good behaviour
E - entry of premisis
S - services from landlord
S - subletting
A - Abandonment
L - late payment max penalty
T - tenant obligations
C - condition of property
D - doors/locks
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15
Q

Section 9A

A

Landlord’s special rules
- must be presented to tenant at signing of lease

Can institute new rules (9A(1)) if

  1. intented to promote fair access to services, promote safety, protect property from abuse
  2. reasonable connected to purpose
  3. applies fairly to all
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16
Q

s 10 (tenant)

A

Provision regulating notice to terminate for tenant
Yearly = 3 months’ notice
Monthly = 1 months’ notice
Weekly = 1 weeks’ notice

17
Q

s 10 (landlord)

A 
Requirements for landlord to evict tenant (4 grounds)
s 10(6) 15 days arrears in rent
s 10(7) tenant poses risk to property
s 10(7A) tenant violates obligation under s 9
s 10(8) other situations (university, employment, application to director)
  • must always be in writing
18
Q

s 10(8)

A

A landlord can make an application to evict the tenant when

  • good faith requirement for landlord’s residence or family member
  • good faith requirement for demolition or substantial renovation
  • director deems appropriate in the circumstances
19
Q

s 11

A

Provisions governing when landlord can increase rent
- have to wait 12 months from first anniversary date
- only increase once every 12 months
Yearly lease requires 4 months’ notice
Monthly lease requires 4 months’ notice
Weekly lease requires 8 weeks’ notice

  • must always be in writing
  • for fixed-term leases must always be in conditions of the lease
20
Q

s 12

A

Security Deposits

  • cannot be more than 1/2 of monthly rent
  • anything paid in excess of rent is deemed to be payment toward security depost
  • must be returned within 10 days
  • if landlord wants to withhold, have to apply to director within 10 days (s 13)
21
Q

s 13

A

Application to direct, decision must be appealed to small claims court

22
Q

How to characterize denial of a service

A

Rent increase

but argue breach of s 9 obligations

Property - Module III (4 decks)

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