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207 Cards in this Set
- Front
- Back
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What is the purpose of Builders' Liens? |
created primarily to protect subcontractors from not being paid by general contractors |
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What is a builder's lien? |
statutory charge on the estate of an owner of land granted to a worker or supplier that has not been paid for services or material provided in the construction or repair of an improvement on land. Lien is registered on title to the land and can be enforced by commencing an action in the Court of Queen's Bench. |
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What is a sub-contractor? |
individuals, partnerships, or corporations that offer construction services such as painting, drywall, framework, etc. |
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What governs builders' liens in Alberta? |
Builders' Lien Act, R.S.A. 2000, c B-7 |
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Why do we have to protect sub-contractors with the builders' lien?
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workers in the building trade have no chattel to hold onto as they often deal with the general contractor (no privity to contract)
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The Builders' Lien Act allows the worker or supplier to.. |
sue the person who hired him and make a claim against the land itself. |
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Explain the two types of claim the Builder's Lien provides: |
In Personam: against the person, debt action, privity of contract required In Rem: no privity of contract required, sale of land, against the land |
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What are the two aspects of a builders' lien action? |
Debt remedy and the interest in land |
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What is debt remedy? |
an in personam action against the person with whom the worker had direct contractual dealings (privity of contract) |
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What is privity of contract? |
action against person who you had direct contractual dealings with |
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Define Interest in the land aspect of Builders' Lien: |
against the thing, direct claim or charge against the land where the work was done |
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What is the key difference between a mortgage and a builders' lien? |
does not require signature of the owner on a legal document to make it valid does not require the worker or supplier to have a direct contractual dealing with OWNER of the property |
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Who is the Builders' Lien Act protecting? |
worker or supplier |
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Who is involved in terms of Builders' Lien? |
owner of the land deals with contractor who may deal with subcontractors who in turn may deal with sub-subcontractors |
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Who is capable of holding a lien against property? |
contractors, subcontractors, sub-subcontractors, workers or suppliers |
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Who can file a lien according to Section 6 of the Builders' Lien Act? |
Every person who: does work supplies materials rents equipment
in the interest of improvement for an owner, contractor or subcontractor has a right to a lien on the land for what is owning to them. |
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When we talk about Improvement what do we mean? |
anything constructed on the land that is meant to be a permanent part of the land |
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In the construction of a house who can have a lien? carpenter lumber supplier trucking company that delivers the supplies |
the carpenter (contractor/sub) and lumber supplier (sub/sub contractor) |
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In order to file a builders' lien your claim must be at least... |
$300.00 |
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Can a contractor make a subcontractor forfeit rights to file a lien? |
Yes, but the court will strike out that provision. |
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When can you file a lien? |
work has commenced or material is supplied first |
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When is the filing deadline for Builders' Lien? |
45 days from when the time of work was last done or materials last supplied |
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How do you file a Builders' Lien? |
A Statement of Lien must be completed and filed at LTO in the district where the land is located within the 45-day limitation period. |
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When filing a Builders' Lien some may have additional requirements....what type of land/interest would that be? |
crown land mines and minerals interest leasehold estates life estates public works projects |
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A Statement of Lien contains |
Name and address of Lien Claimant (proper name of who did not receive payment/ trade name should be both/exact corporate) Name and Address of Registered Land Owner (double check information via title) Legal Description of Land (double check via title) Basic Description of Work Done/Materials Provided (no major details) Contact Information (law firm) Date ensure you are within 45-day time period and fill in date on which work was completed or last supply of materials Amount owned, Location of Execution, Signature of lien claimant
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A Statement of Lien must have a...
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Affidavit Verifying Claim by Other than Lienholder
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After registering a Lien you must send copies to... |
person named as the registered owner actual registered owner if different person listed as the one who ordered the work/materials |
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Until a lien is dealt with all mortgage draws, payments to the general contractor, subcontractors and suppliers... |
stop |
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How many days does the lien claimant have from the date of filing the lien to prove evidence that proceedings have been commenced in the CQB to enforce the lien |
180 |
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Within 180 days what are two requirements that MUST be met or the lien will cease to exist: |
1. action is commenced under the Builder's Lien Act: to realize on the lien OR in which the lien may be realized 2. the lien claimant registers a Certificate of Lis Pendens (CPL) in respect of their lien at the appropriate land titles office
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Within 180 days this document must be filed at Court of Queen's Bench. |
Statement of Claim |
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Not every lien claimant is required to file a Statement of Claim but at least one Statement of Claim... |
involving work on the same project must be filed i.e. if framer filed a SOC the plumber and roofer need not trouble themselves |
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What is access to information? |
prior to preparing a lien make sure to obtain a copy of the contract from your client as well as financial records concerning the job section 33 of the act places obligations on parties (owners) to provide information regarding their mortgage on the lands, contract, statement of their state of accounts in relation to that mortgage or contract |
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How do you get access to information? |
Demand Letter |
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Not all workers have to file this document but they are expected to file this doument |
Statement of Claim Certificate of Lis Pendens |
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Where is a CLP filed? |
court house and land titles office |
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What is the purpose of registering a Certificate of Lis Pendens on title? |
acts as proof that an action has been commenced to enforce the lien and also acts as a warning that there is litigation ongoing with respect to the property |
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What happens if you purchase a property with a CLP registered on it? |
owners are subject to outcome of litigation (could lose their house) |
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What does the CLP contain? (4) |
style of cause (look at soc) name of person claiming the lien legal description of property lien is filed against land registration district in which lien was filed, date registered, number of the title registered against and the registered owners' names |
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Where do we find out the registered owners' names, title number and date on which builders' lien was filed? |
title at LTO |
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If you haven't filed a Statement of Claim what information do you add onto the Certificate of Lis Pendens? |
your name to style of cause |
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When removing Certificate of Lis Pendens what factors should you consider? |
speed required cost risk involved |
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What is the first option to remove a lien? |
pay the lien claimant in full or negotiate a lesser amount |
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If not Statement of Claim or Certificate of Lis Pendes is filed how do you remove the lien? |
Cancellation of Builders' Lien File Signed Discharge |
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Why is it dangerous for an owner to settle with less than all of the lien holders? |
direct payment to a lien claimant does not reduce the lien fund |
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What three documents must be dealt with if an action has commenced at the Court of Queen's Bench? (Builders' Lien) |
Builders' Lien registered on title to the property at LTO Certificate of Lis Pendens registered on title at LTO Statement of Claim commencing in action which is filed at Court of Queen's Bench |
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List the three documents you need to REMOVE the three documents that arise from an action commenced at QB in regards to Builders' lien |
Discontinuance of Action Cancellation of Builders' Lien Certificate of Discontinuance |
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What is a Discontinuance of Action? |
stops any further action on the Statement of Claim filed at Court of Queen's Bench |
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What is Cancellation of Builders' Lien |
remove the builders' lien from title filed at Land Titles Office |
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What is Certificate of Discontinuance? |
will remove Certificate of Lis Pendens filed at Court of Queen's Bench |
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If the lien claimant has started his or her own action they can use this document instead of Certificate of Discontinuance: |
Withdrawal of Certificate of Lis Pendens |
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A Withdrawal of Certificate of Lis Pendens MUST be used if... |
lien claimant has sheltered his/her CLP in the action of another |
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If no CLP is filed within 180 days how do you remove the lien? |
a letter to the Registrar with a DRR form |
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If an owner does not wish to wait 180 days what can they do? |
serve a Notice to Take Proceedings on the lien claimant which reduces time period to 30 days |
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If the lien claimant filed their CLP within required time any party (owner, contractor, other lien claimant) can serve this document |
Notice to Prove Lien |
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If a lien claimant receives Notice to Prove Lien what document do they respond with and what is the time period in which to respond |
15 days Affidavit Proving Lien |
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If there is a dispute over the lien such as quality of work the maximum an owner is liable for is... |
costs - min 10% of the lien and amount of lien claim |
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What is the time period to have a trial of a builders' lien action? What happens if no trial happens? |
two years from filing CLP Owner can make application to the court to have lien removed from title
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Section 15 requires what of an owner in regards to liens? |
owner must maintain a fund equal to 10% of the value of the work done on the contract until 45 days after the contract is complete |
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What happens on day 45 in terms of a Builders' Lien Holdback? |
if no liens have been filed on title, the balance can be released if there are liens on title, the money can be used to try to resolve the claims |
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As a legal assistant what days should you search title to the property for a Builders' Lien |
day the project is completed 46th day following completion |
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Who hold's the builders' lien holdback? What about interest |
Owner's lawyer in trust account any interest earned in trust is paid to builder |
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If holding back 10% of the value of is too much the Act provides that the holdback can be released in two payments |
major lien fund minor lien fund |
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What is a major lien fund? |
payment is made 45 days following SUBSTANTIAL PERFORMANCE of the work 10% of the value of work done UP TO THE TIME the Certificate of Substantial Performance is posted |
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What is a minor lien fund? |
payment is made 45 days following TOTAL completion of the work made up of 10% of the value of the work done AFTER the posting of Certificate of Substantial Performance |
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What is the risk of not holding back 10% of the value of work completed? |
homeowner who paid all of the money to the builder without holdback is potentially liable for paying an ADDITIONAL 10% if liens are indeed filed against title
may also have to sell land and pay twice for same work |
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What is the Builders' Lien Fund? |
anytime lien is registered on title owner will retain holdback and any amount owning under the contract for work regardless of quantity of loans the builders' lien fund is the total amount the owner will be required to pay into court |
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Once builders' lien fund is paid into court the owner will receive two things: |
order discharging him/her from any future liability and discharging all liens from title |
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Why is it better to pay Builders' Lien Fund in court? |
owner can obtain a court order discharging all liens from title regardless of the amount of the total liens |
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The Builders' Lien Fun has two parts what are they? |
1. 10% of the value of the work done; and 2. any amount that may be owing the builder OVER AND ABOVE 10%
*proper holdback maintained means owner is protected |
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What is foreclosure? |
when the mortgagor defaults on payments to mortgage the mortgagee has the right to have the land sold in order to pay off debt - bank will commence FORECLOSURE ACTION in court |
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The procedural aspects of foreclosure actions are governed by: |
rules of court |
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Where is substantive law for foreclosure found? |
Law of Property Act - Enforcement of Mortgages and Agreements re Sale of Lands |
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What does Sections 57 and 58 state in regards to foreclosure?*** |
on the transfer of land subject to a mortgage, the Transferee: 1. is bound to terms of the mortgage 2. person who assumes mortgage will also take on legal liabilities and responsibility of original Mortgagor |
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List and explain the two aspects of a mortgage: |
1. in personam action against the Mortgagor personally for breach of promise to pay 2. In Rem action against the land to have it sold to satisfy the mortgage debt |
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Is a guarantor included on the mortgage? |
yes, they are also a defendant in legal action if judgment is sought due to deficiency after the mortgaged property is sold |
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Who are the Plaintiffs in a mortgage proceeding? |
the bank, lender |
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Who are the Defendants in a mortgage proceeding?** |
borrowers and guarantors |
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Is a mortgage a charge or transfer of land? |
CHARGE |
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What is different about foreclosure in Alberta? |
property can only be sold by way of court order - a JUDICIAL SALE |
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What is a judicial sale? |
Plaintiff asks court to have mortgaged property sold and the sale proceeds applied to reduce the mortgage debt |
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What are the powers of the court in regards to foreclosure? |
1. Set terms and conditions of sale 2. Order property to be listed for sale with a realtor 3. Order that the property be sold to the Plaintiff Mortgagee (Bank) |
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A sale of foreclosed property becomes final when... |
it is approved by the court |
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What does a court ordered sale do? |
lower credit rating and does not extinguish mortgage debt but limits the right to take it further |
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What does an Order for Sale provide? |
length of redemption period instructions for advertising the property for sale and a deadline for tenders to be received |
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What is tenders in Order for Sale? |
"Offers to Purchase" |
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What is the length of redemption period? |
6 months |
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Define redemption period: |
length of time the Defendant has to redeem the mortgage by bringing it into good standing or by paying it out if the mortgage has matured |
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What must Plaintiff do when deadline for tenders has passed? |
make second application to Master's Chambers to confirm details of the sale |
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What happens if foreclosed property is not sold and the deadline for tenders has passed? |
it is sold to lender (Plaintiff) and the Plaintiff will make a second application to Master's Chambers to confirm details of the sale. |
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What does Order for Foreclosure mean? |
Lender (Plaintiff) is asking court to transfer TITLE to the mortgaged property into the Lender's name in exchange for forgiveness of debt |
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List and explain the two effects of an Order for Foreclosure: |
1. Title to the property vests in the name of the Mortgagee free from all rights of the owner and free from all encumbrances registered on title AFTER the mortgage 2. An Order for Foreclosure operates in FULL satisfaction of the debt |
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What is the difference between a Judicial Sale and an Order for Foreclosure? |
You can only get a deficiency judgment with judicial sale. |
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An Order for Foreclosure means there can be no... |
-judgement against the defendant -judgment against any guarantors of mortgage -fight to pursue any other security pledged as collateral for the debt |
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In terms of foreclosure, if the mortgagor has given collateral security what happens? |
All collateral security must be realized BEFORE obtaining an Order for Foreclosure |
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An Order for Foreclosure means the bank can no longer... |
proceed against any other security |
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List 6 instances in which a Plaintiff would go directly to an application for a Final Order for Foreclosure without having to obtain an Order for Sale first: |
-when the defendant AKA mortgagor signs a QUIT CLAIM -when the defendant consents to a final order for foreclosure -If the mortgaged property is abandoned -If the mortgaged property is undeveloped (no farm) -if the mortgage was in default when the property was transferred -if the mortgage went into default within four months of the property being transferred |
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Order Nisi means?
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Redemption Period
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What is the covenant to pay? |
promise in the mortgage document to make all payments under the mortgage when they are due |
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Is Covenant to Pay the in personam or in rem part of the mortgage agreement? **** |
In personam |
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In Alberta what are the rights of the Mortgagee in terms of recovery? |
recovery of land only - you cannot sue the mortgagor on the debt |
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In terms of debt remaining, A Final Order for Foreclosure means... |
debt will be extinguised |
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If debt remains what could Mortgagee do? |
they can take action against Guarantor of the debt or against any collateral security |
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What is the one exception where mortgagees can recover mortgages other than through the property? |
CMHC mortgages means in personam |
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What is Appointment of Receiver? |
If the property is income producing then a Receiver or Receiver Manager can be appointed to capture the income from the property |
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What is an agent of the mortgagee? |
A Receiver or Receiver Manager that is appointed within the agreement and not court therefore they are acting as an agent for the mortgagee and the mortgagee will be liable for their actions |
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Receivers or Receiver Managers are officers of the mortgagee or the court? |
court |
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For small properties who usually is appointed Receiver or Receiver Manager? |
banks (mortgagee) to save costs and sometimes mortgagee will in turn hire a management company (receiver manager) |
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Rents and profits recovered will be applied in what order? |
1. receiver's remuneration 2. property taxes 3. reduction of the mortgage debt |
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What does remuneration mean? |
money paid for work or services |
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***EXAM QUESTION*** WHAT IS EQUITY OF REDEMPTION |
the borrower has the right to pay all arrears and costs owning under the mortgage to bring it into good standing or payout the mortgage in full if it matured. |
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How long does the right of redemption continue? |
When a Plaintiff makes an application for an Order Nisi the Master will set a time limit within which the defendant must redeem their property
Until it is sold to a third party
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If property becomes registered in the Morgagee's name is it still possible for Mortgagor to have the right of redemption? |
as long as no third party's rights have intervened, yes |
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What is subsequent encumbrances? |
Encumbrances that come before you and have priority. |
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If the Mortgagor fails to redeem during the time period, what happens? |
Property is advertised for sale |
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During the redemption period what can the Plaintiff do? |
Nothing. The bank must wait for Defendant to redeem their mortgage. |
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What are the fixed times for redemption? |
one year for farm land and six months for all other lands
*courts can change this depending on the equity (value once liabilities are paid) of the property and other factors set out in the statute |
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What is a prepayment penalty? |
occurs in closed mortgages, contains provision requiring the mortgagor to pay a penalty if the mortgage is paid out before the term. |
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What happens to prepayment penalty in foreclosure? |
Once Statement of Claim has been issued seeking the full amount of the mortgage, a Mortgagor is entitled to pay off the mortgage WITHOUT ANY PENALITY |
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What do CMHC require from a Plaintiff in terms of foreclosure? |
They expect the bank to register a Writ of Enforcement for any deficieny and that judgment be assigned to the CMHC |
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What documents need to prepared when starting a foreclosure procedure? |
Statement of Claim (Demand Letter) if you do not wish to start legal proceedings |
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List the five necessary searches in a foreclosure procedure? |
title taxes condominium corporation corporate registry personal property registry |
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In terms of foreclosure what do you look for when doing a title search? (3) |
who the current registered owner (mortgagor) what prior encumbrances are on the property subsequent encumbrances - notice of the applications must be sent to them |
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What is the purpose of doing a tax search in foreclosure procedures? |
make sure the taxes on property are current, if in arrears they will have priority over the mortgage debt |
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What is the purpose of doing a personal property registry search in foreclosure procedures? |
to see if any chattels form part of the collateral security given to the lender (vacation home, yacht) |
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What is the purpose of doing a condominium corporation search in foreclosure procedures? |
to check if condo fees are in arrears because these will have priority over mortgage debt |
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When do you need a corporate registry search in foreclosure? |
if mortgagor is a corporation you will need their registered office (to serve) |
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What is an alternative to foreclosure? |
If there is no subsequent encumbrances on title, it is possible to use QUIT CLAIM and TRANSFER OF LAND which is quick an inexpensive than foreclosure |
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Define Quit Claim: |
an agreement whereby the mortgagor agrees to transfer his/her interest in the mortgaged property to the mortgagee
transfer of land without money usually seen between family members or spouses |
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What is the purpose of quit claim? |
the lender will give up any claims under the mortgage for deficiency judgment with the transfer |
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What does mortgagee and mortgagor give up in a quit claim |
Mortgagee: right to name mortgagor in legal action Mortgagor: interest in land |
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Can you use Transfer of Land and Quit Claim when subsequent encumbrancers are on title? |
NO. They MUST proceed by way of Statement of claim and consent to a Final Order for Foreclosure |
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Who is the Plaintiff and Defendant in a foreclosure action? |
P: Bank (Mortgagee) D: Mortgagors, Guarantors, Assumption of Mortgage Mortgagor |
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When you open a file in a foreclosure action what are some steps to take? |
open a file check conflict system review mortgage renewal agreements, guarantees and collateral security documents
to find out out when mortgage expires and who the mortgagor is guarantors will be seen to first what else is secured to the mortgage? vacation home? |
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List five essential terms in a commercial lease |
parties place term commencement date rent |
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What about insurance in terms of leases? |
landlord insures building tenant inures interior premises and contents landlord requires tenant to insure against fire and damage to premises, liability, payment of rend and business interruption |
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What are the landlord's responsibilities? |
only liable as expressly stated in lease usually responsible for structural repairs responsible for general non-premises repairs/maintenance |
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What are the tenant's responsibilities? |
usually limited to the interior premises ensure the repaid of structure is Landlord's obligation tenant should avoid obligation to defixture or remove improvements - trade fixtures are usually removable if tenant is not in default |
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Are you allowed to sublease? |
If lease does not expressly prohibit assignment or sublease, there are no restrictions on tenant |
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Can you transfer a lease? |
If the Landlord consents |
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Who is liable for defaulted payments in a transfer of lease situation? |
Original tenant |
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What are the laws regulating default and termination of a lease? |
There are no rules - landlords have common law rights and can expand on them |
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What are some examples of rights included in commercial leases? |
Right of entry by Landlord on default Default will not necessarily result in termination Landlord has no obligation to re-lease Landlord can claim rent for balance of lease Landlord can sue for distress of rent unless or until lease is terminated |
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What is an additional consideration when purchasing or selling commercial properties? |
Assignment of Leases |
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Define Assignor and Assignee |
Person giving the contract right Person getting the contract right |
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What is Assignment of Leases? |
If the commercial property being purchased is a rental property, the purchaser will most likely want the rental agreements (leases) to continue The Vendor (Assignor) will assign the leases to the Purchaser (Assignee) |
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What is Notice to Tenants? |
This notice is prepared by the Vendor's lawyer who informs the tenants that the property is being sold and that rent will be payable to the purchaser. |
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Define equity |
fair market value of property |
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Define Foreclosure |
have property sold to satisfy debt |
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Imdemnify |
guard or secure against anticipated loss (future liability) |
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Define Mortgage |
charge on the land as security for the payment of a debt it contains the promise to pay and the charge on land, which means when you default they will take action against you in personam ( personally statement of claim, covenant to pa) |
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Define Covenant to Pay |
promise in the mortgage document to make all payments owning under the mortgage when they fall due. If you are a corporation, or CMHC you are the exception to this rule that they can't sue you personally, just your land. |
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Define Mortgagor and Mortgagee |
person who owns the land and grants the charge person who receives the charge and lends the money |
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Define Rice Order |
no acceptable tender (so plaintiff will buy it) but deficiency judgment |
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Define tenders |
offer to purchase |
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What legislation is used in Foreclosure and state if it's procedural or substantive |
PROCEDURAL Rules of Court, part 49 - Foreclosure and Specific Performance Actions SUBSTANTIVE Law of Property Act Enforcement of Mortgages and Agreements |
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Is a mortgage a transfer of land? |
No, it's a charge. |
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A sale is final once this step happens in a mortgage. |
Court approves it. |
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Court determines three things in terms of sale of foreclosed property. |
terms and conditions of the sale |
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Explain some things to know if you assume a mortgage and debt goes into default: |
The transferee/purchaser is bound to the terms of the mortgage and must secure the Transferor (Vender) liable under the mortgage |
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List the 19 foreclosure steps: |
1. Demand Letter 2. Noted in default or Demand for Notice filed . Open File Attach Checklist, Conflict Search 3. Review Mortgage documents and determine whether deficiency judgment is available, if there is collateral and guarantors secured . Farm land - 15 days notice of intention to enforce security 4. Searches - Title, Taxes, PPR, CR, CC 5. Statement of Claim + CLP 6. SOD - Filed - SJ w/ ONOFS . SOD - Filed - SJ w/ ONOFS - N - Litigation . SOD - 15 days - N - Praecipe to Note in Default 7. Preservation Order - if abandoned 8. Receiver/ Receiver Manager Order 9. CMHC + Writ of Enforcement 10. Collateral Realized - Notice to Subsequent Encumbrances 11. Order Nisi/Order for Sale 12. Supporting Documents Affidavit of Default/Value, Certificate of Title Notice of Motion 13. Judicial Sale > Second Order > Guarantor 14. Collateral Realized >Order for Foreclosure 15. Quit Claim 16. Final Order for Foreclosure 17. Deficiency Judgment 18. Rice Order 19. Order Confirming Sale Vesting Title |
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Before you take action to foreclose what must happen? |
Noted in Default or Demand of Notice filed |
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What should you review when opening a file for foreclosure? |
Mortgage documents Determine whether deficiency judgment is available Assess if there is collateral and guarantors |
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If mortgaged property is farm land what are some things to know? |
You must give a 15 day notice of intention to enforce security and a year's time for equity of redemption |
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Once a Statement of Claim is issued what happens to the mortgage penalty? |
It is gone, Mortgagor can pay peacefully. |
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If there is no deficiency judgement or final foreclosure what can you do? |
Mortgagee can ask the Mortgagor for arrears in mortgage payments to accelerate the debt. |
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List possible defendants on a Claim for foreclosoure: |
spouse of registered owner registered owner(s) previous owners for corporations and CMHC Bankruptcy Trustee Guarantors Trustee |
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What relief do you claim under the SOC for foreclosure? |
Declaration of the amount owing Sale to third party or foreclosure Possession of Property Appointment of Receiver Reduction of Redemption Property Solicitor-Client Costs |
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Statement of claim is single registered to... |
Corporation |
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This document is attached to the Statement of Claim in a foreclosure action, explain |
Certificate of Lis Pendens |
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If a Statement of Defence is filed in a foreclosure action what can happen? |
You can bring filed summary judgment with your Order Nisi/Order for Sale with you |
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If Defence is not filed within the 15 day period what do you file next? |
Praecipe to Note in Default ( Prevents them from filing later) |
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Define Preservation Order |
order without notice when property has been left vacant to have locks changed and property inspected. |
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What's the difference between a receiver and a receiver manager |
receiver can collect rents from the mortgaged lands while receiver manager can maintain the property as well - if it beomes abanadoned |
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Any income recovered by the receiver or receiver manager is applied in this order: |
1. Receiver's Renumeration 2. Property Taxes 3. Reduction of the mortgage debt |
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What needs to be attached to a CMHC mortgage that is being foreclosed and why? |
Write of Enforcement which allows person to enforce security rights and collect collateral for an deficiency judgement and costs to be registered against the Defendant, Mortgagor. |
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What is the name of the legislation dealing with leases and tenancies in Alberta? |
Residential Tenancies Act |
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Are you considered a tenant if you are renting a hotel room? |
Only if rented for six consecutive months |
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Are you considered a tenant if you rent a suite in someone's home? |
Unless it is within the living quarters of the landlord's home, yes. |
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Do both the landlord and the tenant need to sign the lease agreement? |
Yes, if it is written. |
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How many days does the landlord have to give a copy of the tenancy agreement to the tenant? |
Within 21 days after the tenant signs and returns it to the landlord. |
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What can a tenant do if the landlord fails to produce a copy of the tenancy agreement in the 21 day deadline? |
You many withhold rent until a copy is received. |
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What is meant by a "fixed-term" tenancy? |
A tenancy that has a start and end date. Usually a year to year lease. |
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What is meant by a "periodic" tenancy?
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Has a start date but no end date. A month-to-month lease.
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What is the maximum amount that can be charged as a security deposit? |
First month's rent. (cannot exceed) |
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Who is entitled to the interest earned on the security deposit? |
The tenant. |
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List 10 obligations of the tenant according to the RTA act: |
Pay the rent on time Keep the premises reasonably clean Prevent damage to the premises Not perform illegal acts or conduct illegal business on the premises Not endanger other tenants or the property Be considerate of the landlord and other tenants Not commit a substantial breach of the residential tenancy agreement Obtain written permission from the landlord to sublet the premises Provide a key to the landlord if the locks are changed Move out when the tenancy agreement ends |
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List 4 obligations of the landlord according to the RTA act: |
Make the premises available on the agreed move-in date Provide a copy of the residential tenancy agreement to the tenant within 21 days of signing Not disturb a tenant's peaceful enjoyment of the premises, that is, not bother a tenant beyond what is necessary to do the landlord's business Give the tenant a written "notice of landlord" within 7 days of the tenant moving in or post the notice in a very visible place in the building's common area. The landlord must keep the notice up to date. |
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What governs commercial leases? |
case law |
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What service is offered in an alternative to going to court to deal with disputes arising from residential tenancies? |
Residential Tenancy Dispute Resolution Service |
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What is the maximum amount that can be awarded? |
25000 |
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Explain the purpose of an inspection report, why is this beneficial? |
To identify all damage such as scratches or burns and write it down on the inspection report. Beneficial because a new landlord cannot deduct for damages from a security deposit if the previous landlord did not complete a move-in inspection report. |
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What is the limit on the amount a landlord can increase rent? |
There is no limit but they can only increase it once a year |
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How much notice is required if a landlord is increasing the rent on a periodic tenancy? |
Week: 12 w Month: 3 m Any other periodic tenancy: 90 d |
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Can a landlord enter residential premises without consent of the tenant? |
Yes, in case of emergency, abandonment and giving a tenant a written notice at least 24 hours before. |
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Who is responsible for keeping the premises in good repairs at all times? |
Unless it is stated in the agreement, the landlord is responsible for building structure (windows, roof, doors) and plumping and wiring. |
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Can a tenant sublease their rental premises without permission of the landlord? |
No, they need written confirmation. |
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How much notice must be given to evict a tenant due to assault? |
24 hour notice. |
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How much notice must be given to evict a tenant for failure to pay rent? |
14 days CLEAR (after notice is given) |
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If someone decides to move in with you and you're renting what needs to happen? |
Tell tenant or person becomes unauthorized tenant |
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What time of day of you have to be moved out by on the last day of your tenancy? |
Noon. |
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Does the tenant have the right to have their security deposit returned at the end of the tenancy? |
Yes, within 10 days of vacating, landlord must return deposit in full or prove an itemized statement. Within 3 days, tenant must receive final accounting and balance withheld. |
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What are the landlord's obligations if you leave belongings in the apartment after moving out? |
Less than 2000 dispose, more than 2000 - place in storage for 30 days, then auction. |
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What are the three questions you ask in a lease fact situation? |
Who is in breach? What obligation has been breached? How can the situation be resolved? |
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What is commercial property? |
property used for business |
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Differences between commercial and residential leases? |
More complex, higher consideration, lots more searches such as municipal, corporation, zoning, health and safety, |
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If landlord is in breach you serve him with what document |
Notice of Obligation |
