RETS / CHAPTER XYZ Flashcards
**Fill in the Blank
At common law a ______ creates an interest in land while a _______ creates a mere contractual privilege.**
Answer:
At common law a LEASE creates an interest in land while a LICENSE creates a mere contractual privilege.
**True or False:
A lease creates a landlord and tenant relationship, but a licence does not.**
Answer: True
**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:
Intention
An eviction due to non payment of rent requires _____ days notice.
An eviction due to non payment of rent requires 10 DAYS NOTICE
**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: True
Courts will look at the intention of the parties.
**Fill in the Blank
A ________ is an interest in land that “runs with the land” and binds successors in title.**
Answer:
A lease is an interest in land that “runs with the land” and binds successors in title.
# **Fill in the Blank: Commercial tenancies are governed almost completely by the \_\_\_\_\_\_\_\_\_ law and the actual terms of the lease.**
Answer:
common law
**Fill in the Blank:
Residential tenancies are almost completely governed by ________ law.**
Answer:
statute
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: CAUSE
**Fill in the Blank
A ________ agreement means a tenancy agreement with a predetermined expiry date.**
Answer:
fixed term tenancy
**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:
periodic tenancy
**Fill in the Blank:
The defining feature of a lease is _______________**
Answer:
exclusive possession
**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:
assignment
**Fill in the Blank
A ________ involves the transfer of a PART of a leasehold interest from a tenant to a third party.**
Answer:
sublease
How much notice is required to terminate a 1 year fixed term tenancy?
ANSWER: NO NOTICE IS REQUIRED
**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:
True
**True or False?
A residential tenant may not assign or sublet unless the landlord consents in writing.**
Answer:
True
_______ 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:
mitigation
**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:
True
**True or False?
Residential landlords have an express duty to mitigate damages resulting from a breach of the tenancy.**
Answer:
True
**Fill in the Blank:
_______ means the Landlord is not allowed to take away something that he/she has agreed to in the lease.**
Answer:
derogation from grant
______ means “to take away”
Answer:
derogation
________ is a tenant’s right to possess and use his or her property without disturbance.
Answer:
Quiet enjoyment
**True or False?
A residential landlord cannot use distraint as a remedy for unpaid rent.**
Answer:
True
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:
Quiet enjoyment
Where the landlord’s spouse intends to occupy the premises, the landlord may terminate the tenancy for cause.
Answer: False
The tenancy would be terminated for “landlord use of property”
An eviction due to non payment of rent requires _____ days notice.
An eviction due to non payment of rent requires 10 DAYS NOTICE
The tenant may cancel the eviction notice for non-payment of rent by paying rent within __________.
The tenant may cancel the eviction notice by paying rent within FIVE DAYS.
**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: TRUE
The maximum security deposit for a residential premises is __________.
ANSWER: Half a month’s rent
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: 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.
**TRUE OR FALSE
A periodic tenancy is a lease for a certain (known) period of time.**
ANSWER:
FALSE
**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] ______________**
**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.**
**Fill in the Blank:
_________ is the seizure of someone’s property in order to obtain payment of rent or other money owed.**
Answer:
Distress or distraint
**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] ______________**
**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.**
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: FALSE
Parent use of property is NOT an example of eviction for CAUSE.
**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:
TRUE**
In British Columbia, the law that covers the relationship between landlords and tenants is set out in ______________.
**ANSWER:
both Statute Law AND the Residential Tenancy Act**
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.
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.
**TRUE OR FALSE?
In a commercial tenancy, the law requires a landlord to mitigate damages where a tenant wrongfully abandons the premises.**
**ANSWER:
FALSE**
Within 5 days after receiving a notice FOR NON-PAYMENT OF RENT, the tenant may (a) _________ or (b) ______________
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.
**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:
FALSE, A fixed term tenancy does NOT require notice to end the tenancy. The tenancy just ends, no notice is required.**
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: 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**
A notice of the end of the tenancy agreement FOR CAUSE must be not less than __________ and is effective on __________.
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.
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: SUBLEASE
A lease is an agreement whereby a landlord
agrees to give the tenant _________
[one word answer] possession of real property.
ANSWER: EXCLUSIVE
