RETS / CHAPTER 6

Question 1

**Fill in the Blank

At common law a ______ creates an interest in land while a _______ creates a mere contractual privilege.**

Answer 1

Answer:
At common law a LEASE creates an interest in land while a LICENSE creates a mere contractual privilege.

Question 2

**True or False:

A lease creates a landlord and tenant relationship, but a licence does not.**

Answer 2

Answer: True

Question 3

**Fill in the Blank

The Supreme Court of Canada held that whether an agreement creates a lease or a licence is a matter of ________.**

Answer 3

Answer:
Intention

Question 4

An eviction due to non payment of rent requires _____ days notice.

Answer 4

An eviction due to non payment of rent requires 10 DAYS NOTICE

Question 5

**True or False

In determining if an agreement has created a lease or a license, terms in the agreement such as “lessor/lessee” or “licensor/licensee” will not necessarily be conclusive.**

Answer 5

Answer: True
Courts will look at the intention of the parties.

Question 6

**Fill in the Blank

A ________ is an interest in land that “runs with the land” and binds successors in title.**

Answer 6

Answer:

A lease is an interest in land that “runs with the land” and binds successors in title.

Question 7

**Fill in the Blank:
Commercial tenancies are governed almost completely by the _________ law and the actual terms of the lease.

Answer 7

Answer:
common law

Question 8

**Fill in the Blank:

Residential tenancies are almost completely governed by ________ law.**

Answer 8

Answer:
statute

Question 9

If the rental unit must be vacated to comply with an order of a federal, British Columbia, regional, or municipal government authority the landlord may terminate the tenancy for ______________.

Answer 9

ANSWER: CAUSE

Question 10

**Fill in the Blank

A ________ agreement means a tenancy agreement with a predetermined expiry date.**

Answer 10

Answer:

fixed term tenancy

Question 11

**Fill in the Blank

A _______ is one which automatically renews itself on the last day of the term for a further term of the same length until it is terminated by either party with proper notice**

Answer 11

Answer:
periodic tenancy

Question 12

**Fill in the Blank:

The defining feature of a lease is _______________**

Answer 12

Answer:

exclusive possession

Question 13

**Fill in the Blank

An ___________ is the transfer by a party of ALL of the party’s interest in a property to another party.**

Answer 13

Answer:

assignment

Question 14

**Fill in the Blank

A ________ involves the transfer of a PART of a leasehold interest from a tenant to a third party.**

Answer 14

Answer:

sublease

Question 15

How much notice is required to terminate a 1 year fixed term tenancy?

Answer 15

ANSWER: NO NOTICE IS REQUIRED

Question 16

**True or False?

Unless there is an express prohibition in the lease, a tenant under a commercial lease may assign or sublet without the consent of the landlord.**

Answer 16

Answer:
True

Question 17

**True or False?

A residential tenant may not assign or sublet unless the landlord consents in writing.**

Answer 17

Answer:
True

Question 18

_______ is the requirement that someone injured by another’s negligence or breach of contract must take reasonable steps to reduce the damages, injury or cost, and to prevent them from getting worse.

Answer 18

Answer:
mitigation

Question 19

**True or False?

At common law, a commercial landlord is not obligated to mitigate damages by attempting to re-rent premises that have been improperly abandoned by a tenant.**

Answer 19

Answer:
True

Question 20

**True or False?

Residential landlords have an express duty to mitigate damages resulting from a breach of the tenancy.**

Answer 20

Answer:
True

Question 21

**Fill in the Blank:

_______ means the Landlord is not allowed to take away something that he/she has agreed to in the lease.**

Answer 21

Answer:
derogation from grant

Question 22

______ means “to take away”

Answer 22

Answer:
derogation

Question 23

________ is a tenant’s right to possess and use his or her property without disturbance.

Answer 23

Answer:
Quiet enjoyment

Question 24

**True or False?

A residential landlord cannot use distraint as a remedy for unpaid rent.**

Answer 24

Answer:
True

Question 25

This term means that the landlord is assuring you that she has the power to give you a valid lease for your apartment and that some third party won’t claim an interest in the premises that conflicts with your interest.

Answer 25

Answer:
Quiet enjoyment

Question 26

Where the landlord’s spouse intends to occupy the premises, the landlord may terminate the tenancy for cause.

Answer 26

Answer: False
The tenancy would be terminated for “landlord use of property”

Question 27

An eviction due to non payment of rent requires _____ days notice.

Answer 27

An eviction due to non payment of rent requires 10 DAYS NOTICE

Question 28

The tenant may cancel the eviction notice for non-payment of rent by paying rent within __________.

Answer 28

The tenant may cancel the eviction notice by paying rent within FIVE DAYS.

Question 29

**TRUE OR FALSE?

If a lease on a residential property is for a term greater than 20 years it will be treated as a commercial tenancy.**

Answer 29

ANSWER: TRUE

Question 30

The maximum security deposit for a residential premises is __________.

Answer 30

ANSWER: Half a month’s rent

Question 31

A _________ [one word answer] tenancy is 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.

Answer 31

ANSWER: A PERIODIC tenancy is 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.

Question 32

**TRUE OR FALSE

A periodic tenancy is a lease for a certain (known) period of time.**

Answer 32

ANSWER:
FALSE

Question 33

**If the landlord requires vacant possession for the purpose of renovation the landlord can give a notice of the end of the tenancy agreement to the tenant.

The notice must be at least _____________ and is effective on the later of:

[1] _______________
OR
[2] ______________**

Answer 33

**If the landlord requires vacant possession for the purpose of renovation the landlord can give a notice of the end of the tenancy agreement to the tenant.

The notice must be at least 2 MONTHS and is effective on the later of:

[1] the last day of a later rental payment period, or
[2] if there is a fixed term tenancy, on its expiry date.**

Question 34

**Fill in the Blank:

_________ is the seizure of someone’s property in order to obtain payment of rent or other money owed.**

Answer 34

Answer:
Distress or distraint

Question 35

**If the landlord requires vacant possession for the purpose of renovation the landlord can give a notice of the end of the tenancy agreement to the tenant.

The notice must be at least _____________ and is effective on the later of:

[1] _______________
OR
[2] ______________**

Answer 35

**If the landlord requires vacant possession for the purpose of renovation the landlord can give a notice of the end of the tenancy agreement to the tenant.

The notice must be at least 2 MONTHS and is effective on the later of:

[1] the last day of a later rental payment period, or
[2] if there is a fixed term tenancy, on its expiry date.**

Question 36

True or False: Where a parent of the landlord intends to live in the rental property the landlord can give notice to end the tenancy agreement for cause?

Answer 36

ANSWER: FALSE
Parent use of property is NOT an example of eviction for CAUSE.

Question 37

**TRUE OR FALSE?

If a lease on a residential property is for a term greater than 20 years it will be treated as a commercial tenancy.**

Answer 37

**ANSWER:

TRUE**

Question 38

In British Columbia, the law that covers the relationship between landlords and tenants is set out in ______________.

Answer 38

**ANSWER:

both Statute Law AND the Residential Tenancy Act**

Question 39

A __________ is one which automatically renews itself on the last day of the term for a further term of the same length until it is terminated by either party with proper notice. The most common types of periodic tenancies are weekly, monthly and yearly.

Answer 39

A PERIODIC TENANCY is one which automatically renews itself on the last day of the term for a further term of the same length until it is terminated by either party with proper notice. The most common types of periodic tenancies are weekly, monthly and yearly.

Question 40

**TRUE OR FALSE?

In a commercial tenancy, the law requires a landlord to mitigate damages where a tenant wrongfully abandons the premises.**

Answer 40

**ANSWER:

FALSE**

Question 41

Within 5 days after receiving a notice FOR NON-PAYMENT OF RENT, the tenant may (a) _________ or (b) ______________

Answer 41

Within 5 days after receiving a notice FOR NON-PAYMENT OF RENT, the tenant may

(a) pay the overdue rent, in which case the notice has no effect, or

(b) dispute the notice by applying for arbitration.

Question 42

**TRUE OR FALSE?

A fixed term commercial tenancy for 3 years or greater will require 30 days notice to terminate the tenancy at the end of the term.**

Answer 42

**ANSWER:

FALSE, A fixed term tenancy does NOT require notice to end the tenancy. The tenancy just ends, no notice is required.**

Question 43

If the tenant does not pay the security deposit or pet damage deposit within 30 days of the date it is required to be paid or if the tenant is repeatedly late paying rent the landlord may terminate the tenancy for ___________

Answer 43

**ANSWER: CAUSE

If the tenant does not pay the security deposit or pet damage deposit within 30 days of the date it is required to be paid or if the tenant is repeatedly late paying rent the landlord may terminate the tenancy for CAUSE**

Question 44

A notice of the end of the tenancy agreement FOR CAUSE must be not less than __________ and is effective on __________.

Answer 44

A notice of the end of the tenancy agreement FOR CAUSE must be not less than one month and is effective on the last day of an ensuing rental payment period.

Question 45

With a ___________ the tenant gives another person the right to occupy the rental unit for a specific period of time. The original tenant continues to be the person responsible for the tenancy.

Answer 45

ANSWER: SUBLEASE

Question 46

A lease is an agreement whereby a landlord
agrees to give the tenant _________
[one word answer] possession of real property.

Answer 46

ANSWER: EXCLUSIVE