When dealing with secondary suites, REALTORS® must be mindful of the legal aspects involved, as they can bring about unique challenges and risks that impact their clients.
Posts tagged with “Rental”
Legally Speaking
Oh, So Suite… #562
Legally Speaking
Prohibition on Rental and Age Restrictions in Strata Buildings #556
REALTORS® need to be aware of the impact the changes in the Building and Strata Statutes Amendment Act, 2022 for existing owners, buyers, and sellers.
Legally Speaking
Listing and Selling Tenanted Properties #553
Listing and selling tenanted properties can be complicated and add complexity to a transaction. From coordinating showings, to providing vacant possession, to provisions in contracts for standard adjustments at closing,
Legally Speaking
Strata Parking May Get Simpler #518
In its newest report (the “Report”), the British Columbia Law Institute’s formidable committee of strata experts (the “Committee”) recommends more changes to the Strata Property Act (the “Act”)…
Legally Speaking
Vacant Possession #495
Vacant possession means no one else is exercising possession rights in the property…
Legally Speaking
Legislature Trumps the Courts #408
A property owner with surplus lands may be tempted to lease a portion of a parcel of land to gain additional revenue…
Legally Speaking
Fire Damage Before Closing – Rights and Responsibilities of Buyer and Seller; Easement With or Without Motor Vehicles – No Parking on Easement Area #350
When a fire destroyed or damaged a house before the completion date for its sale, at common law the buyer had to complete the purchase and pay the contract price, unless the contract…
Legally Speaking
Condominiums – Leaky – Court Disallowed Fines for Breach of Rental Bylaw; Owners Entitled to a Hearing #316
Two strata owners, who were faced with a rental bylaw limitation, rented their condominium to their adult children without seeking permission from the strata corporation.
Legally Speaking
Lease – Renewal, No Renewal Agreement, Initial Lease Terms Binding Upon Tenant; Operating Expenses Not Defined and Therefore Uncertain; UFFI – Damages for Breach of Warranty #278
The omission of wording in a lease renewal clause that the renewal would be void if the parties were unable to agree upon the renewal terms, led to some surprising results, at least for the tenant…
Legally Speaking
Priority Between Registered Judgment and Buyer Prior to Completion; Strata Corporation, Age Restriction in a Restrictive Covenant #270
What are the respective rights of a buyer, who had contracted to purchase property and a judgment creditor who had registered a judgment against the property, between the date of the Contract of Purchase and Sale…
Legally Speaking
Residential Tenancy – Renovations and Long Term Leases; Commercial Lease – Letter Agreement #190
The Residential Tenancy Branch of the Ministry of Labour and Consumer Services distributes a useful brochure outlining the rights and responsibilities of landlords and tenants in British Columbia…
Legally Speaking
Misrepresentation, Innocent; Mobile Home, Refusal of Landlord to Consent to Assignment #186
Normally, the listing agent for the owner of an existing home is unconcerned with set backs or other limitations which would affect the size and location of a home to be constructed upon the lot upon which the home…
Legally Speaking
Reference: Children – Prohibitions Against Residing in a Building #144
The tight rental market in Victoria and the lower mainland has made it difficult for families with children to find accommodation, particularly since a number of condominiums and apartment buildings prevent children…
Legally Speaking
Property Purchase Tax Act (Continued) #107
On July 10, 1987, the Ministry of Finance closed the loophole referred to in the second example in Column 106 by an amendment to the PPTA…
Legally Speaking
Standard Form Contract of Purchase and Sale – Interpretations #108
“Subject to a first mortgage being made available to the Purchaser by July 31, 1987, etc. . . “. Is the word “by” the equivalent of “prior to” or…
Legally Speaking
Assessment of Strata Title Units, All Rented, in One Building #103
How should the assessed value of residential strata title apartment units, all in one building and all rented, be determined…
Legally Speaking
Capital Gains Tax – Principal Residence #96
Following the death of a woman in 1982 who lived on a parcel of land of 6.09 acres, the Department of National Revenue assessed a taxable capital gain of $202,800.00 on the deemed disposition of the property…
Legally Speaking
Leases #93
Unless you are a property manager and actively involved in residential leases, the oddities of the Residential Tenancies Act, once known to you, may now be forgotten…
Legally Speaking
Understanding Stock Clauses #5
In reviewing lengthy legal documents, we may often concentrate on the meat of the agreement (the payments, the rents, the interest rate, etc.) and cast only a fleeting glance at the clauses which are variously…