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32 Cards in this Set
- Front
- Back
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A provision in a tenancy agreement prohibiting the presence of ______ in or about the residential complex is void.
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Animals
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What must a landlord give to the tenant within 21 days after the tenant signs it and gives it to the landlord?
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A copy of the agreement, signed by the landlord and the tenant.
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What must every tenancy agreement set out?
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The legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act.
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The only security deposit that a landlord may collect is a ____ _______ collected in accordance with section ___.
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Rent deposit
106 |
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If the landlord does not give the tenant an agreement with their name and address, the tenant does not have to do what?
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Pay rent
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What type of legislation is the Residential Landlord/Tenant Act?
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Provincial
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A tenant sharing the ________ or _______ with the owner or owner's family causes the act to not apply.
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Bathroom or kitchen
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Is it required to have an agreement in writing? What should be done? Why?
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Do not need an agreement in writing; but it is a terrible idea not to have one
It leads to uncertainty and the tenant cannot prove anything in court. |
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What are the landlord's responsibilities in terms of 'responsibility to repair'?
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20. (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.
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Does section 20.1 apply even if the tenant was aware of a state of non-repair?
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Yes
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When does the term of tenancy begin?
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On the day the tenant is entitled to occupy the rental unit under the tenancy agreement: s. 13(1) RTA. (whether or not the tenant occupies it)
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What is a guarantor?
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A co-signer, such as a parent, to take on the duties if the tenant fails to do so
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What is an acceleration clause?
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A provision in a tenancy agreement that makes the tenant pay extra money (such as the total rent remaining for the rest of the months of the agreement, or the next month’s rent) if the tenant defaults in paying the rent when it is due, or makes the tenant pay extra money if the tenant does not carry out some obligation. S. 15 of RTA, acceleration clauses are void.
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Discuss security of tenure.
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Tenancy may be terminated only in accordance with the RTA: s. 37(1). 19
A tenancy can only be terminated by order of the LTB (or court), agreement or through proper notice. However, a notice of termination need not be given if a landlord and a tenant have agreed to terminate the tenancy: s. 37(3). |
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What is the difference between joint and several liability in terms of roommate agreements?
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Joint - All tenants are responsible for the rent
Several - If one tenant does not pay, the other tenants are responsible |
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Why is a roommate agreement a good idea?
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avoids conflict and sets out legal
obligations, responsibilities and remedies |
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In regards to roommates, who can the landlord seek recovery from?
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any tenant, the one(s) with the money and who can definitely pay
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The Landlord/Tenant Act takes precedence over what?
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the lease contract
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A landlord may require a tenant to pay a _____ _________ with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement.
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rent deposit
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Neither a landlord nor a tenancy agreement shall require a tenant to provide what? and permit what?
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-provide post-dated cheques or other negotiable instruments for payment of rent
-permit automatic debiting of the tenant's account at a financial institution, automatic charging of a credit card or any other form of automatic payment |
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When can the landlord enter the rental unit without written notice?
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only if there is an emergency, if the tenant consents, if the landlord is performing housekeeping duties agreed to in the tenancy agreement, or in order to show the unit to other prospective tenants between 8:00 am and 8:00pm if the landlord makes a reasonable effort to inform the tenant beforehand
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In regards to Termination by Landlord what are Non-Fault Grounds?
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Landlord can give notice to terminate tenancy if landlord “requires possession of the unit” for other family related purposes; if a new landlord is purchasing the unit; for demolition, conversion or repairs
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What are considered fault grounds?
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Persistent late payment of rent; Non-payment of rent; if the tenant commits an illegal act; undue damage; interference with reasonable enjoyment; safety of others; too many persons in rental unit
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What are examples of willfulness and negligence in terms of fault grounds?
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Willful: kicking a hole in the wall
Neg: falling down drunk |
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What happens when a landlord evicts a tenant?
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Tenant has a short period of time to move out ; if the tenant hasn't left yet, the sheriff can come in and remove all the items and the tenant
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If the landlord is retaliating against the tenant, what happens to the eviction?
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it can be cancelled
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What are arrears?
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rent money that is owed to the landlord that hasn't been payed
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Discuss jurisdictional issue (LTB vs. Small Claims Court)
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Landlord can only obtain a remedy at the LTB if the tenant is in possession at the time the Landlord makes an application.
Otherwise, the landlord can claim a remedy in Small Claims Court |
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What is the 'time limitation'?
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A tenant cannot apply for one of these orders more than one year after the conduct in question occurred: ss. 29(2), 57(2), 98(2) RTA.
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What is the tenant's remedies for jurisdictional issue?
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Generally, tenant must bring an application to the LTB within 1 year of wrongful conduct
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Can the landlord get the tenant to pay whatever amount they want?
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No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under the RTA: s. 111.
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What are Landlord/Tenant Act offences called?
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quasi-criminal
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