Alex leased a shop from Geoffrey for a term of 48 months at an expressed rent of $6,000 per month, commencing January 1, 2000 and terminating on December 31, 2003. On January 1, 2004, Alex paid Geoffrey $6,000, which Geoffrey accepted. On the first day of the next 8 months, Alex paid the rent to Geoffrey who continued to accept it. On September 20, Geoffrey had an offer from Peter to lease Alex's shop for $6,800 per month. Geoffrey immediately faxed notice to terminate to Alex, effective October 20, 2004. Which of the following statements is/are TRUE?

1. Because this is a commercial periodic tenancy, either party can terminate.
2. On January 1, 2004 a new periodic lease was created by the actions of Geoffrey and Alex.
3. Geoffrey is entitled to terminate the lease because Alex did not increase his rental payments when the lease was renewed.
4. The notice period will be whatever is reasonable in the circumstances.

(1)A,B,andDonly

(2)A,B,andConly

(3)CandDonly

(4)All of the above

Henry lives in an entirely residential strata complex and owns a large dog. Under a section of the bylaws, he has been given notice by the strata corporation to remove his dog. Henry has kept the dog in his strata lot since he purchased the lot three years ago. It has never caused any complaint, until now. Henry is the only owner who has an animal. Which of the following courses of action is available to Henry?

1. (1)If he could obtain support of 75% of the owners, he could have the bylaw amended.
2. (2)He could apply to a court for an order under section 164 of the Strata Property Act prohibiting the corporation from exercising its powers in this way because it is significantly unfair to him.
3. (3)He could have an arbitrator appointed.
4. (4)All of the above courses of action are available to Henry.

Bill owns a strata lot. His unit is 2,200 square feet. The other seven units have a combined area of 17,350 square feet. The common property has an area of 4,200 square feet. The annual common expenses are $45,000. What is Bill's monthly share of the common expenses?

(1) $421.99

(2) $5,063.94

(3) $475.50

(4) $347.36

A commercial lease contains the following clause: The Landlord shall have the right at all reasonable times to inspect or to authorize in writing an agent to inspect the Premises.

Which one of the following correctly describes the reason for including such a clause?

1. (1)The clause allows the landlord to avoid the notice provisions of the Residential Tenancy Act and ensures access to the property at any time.
2. (2)Without the clause, a lease would grant the tenant exclusive possession of the property, with a legal right to exclude even the landlord from the property.
3. (3)The clause is included to allow a real estate agent to inspect the premises for the purposes of writing a listing contract.
4. (4)The clause allows a hotel landlord to enter a hotel tenant's room without the tenant's permission to provide cleaning services.

Strata Corporation VRX123 has adopted the standard bylaws set out in the Strata Property Act. Assume the annual total contribution to the operating fund is $50,000.00. In the annual budget, an expenditure of $2,000 for window cleaning has been authorized. Which of the following statements is TRUE?

1. (1)The strata council may pay the $2,000 window cleaning fee without any further consent.
2. (2)Because the fee is higher than $500, the strata council will need to call a meeting of the strata corporation and obtain approval by special resolution.
3. (3)Under the Standard Bylaws, a strata council may pay any amount up to $2,500 without permission from the corporation, whether or not it is contained in the budget.
4. (4)If this is a common property expense, the strata council has total authority to any amount.

Kyle rents a house from David under a periodic tenancy. Which of the following terms in their lease would contradict a provision of the Residential Tenancy Act?

1. (1)The landlord claims the right to distrain for rent that remains unpaid for 15 days after the date that it is due.
2. (2)Kyle agrees to vacate the premises upon one months' notice should David require the house for personal occupation or should David sell the house.
3. (3)Kyle agrees to paint the premises and have the carpets professionally cleaned, regardless of their condition.
4. (4)All of the above terms contradict a provision of the Residential Tenancy Act.

Which one of the following actions does NOT generally require a vote by the strata corporation?

1. (1)An amendment to the bylaws
2. (2)The decision to waive the requirement to obtain a depreciation report.
3. (3)An amendment to the rules governing common property
4. (4)A designation of limited common property by the owners

Strata Corporation VRX123 just finished its third fiscal year. The amount of money in the contingency reserve fund (CRF) at the end of the third fiscal year was $6,000. The total budgeted contribution to the operating fund in the third fiscal year was $30,000. The total budgeted contribution to the operating fund for the current (4th) fiscal year is $35,000. Is the strata corporation required to make a mandatory contribution to the contingency reserve fund? If so, what is the minimum amount of this contribution?

1. (1)The strata corporation is not required to make a mandatory contribution to the CRF.
2. (2)The strata corporation is required to make a mandatory contribution to the CRF of at least $2,500.
3. (3)The strata corporation is required to make a mandatory contribution to the CRF of at least $3,500.
4. (4)The strata corporation is required to make a mandatory contribution to the CRF of at least $2,750.

Lucas, the owner of a movie theatre, agrees to let Sadie sell popcorn, candy and soft drinks from a small room opening off of the lobby. The oral agreement between Lucas and Sadie provided that Sadie may only use the room while there is a movie in progress and that for this right Sadie will pay a monthly fee of $500. Which of the following statement is TRUE?

1. (1)The agreement between Lucas and Sadie is probably a licence because Sadie is not given exclusive possession of the room by Lucas.
2. (2)The agreement between Lucas and Sadie, if a licence, is not enforceable against a bona fide purchaser of the theatre.
3. (3)The agreement between Lucas and Sadie, should be in writing and signed by both parties to ensure that it is enforceable.
4. (4)All of the above statements are true.

Laura, a commercial tenant, may sublet her lease:

1. (1)unless all subletting is specifically prohibited in the lease.
2. (2)provided the landlord approves of the new tenant.
3. (3)even if all subletting is prohibited in the lease.
4. (4)where the term of the lease is for greater than one year.