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MGMT1601 Property Law
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MGMT1601 Property Law
0 Download3 Pages / 702 Words
Course Code: MGMT1601
University: Bow Valley College
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Country: Canada
Question:
Explain what your rights would be and what recourse you would have available in the following Property Law situations by providing detailed responses.
Property Law Situations:
1. You own a condominium near Bow Valley College and decide to rent it out to a classmate you have known throughout your first year of studies and who appears to be quite studious and responsible. However, two months into the tenancy, the condominium board of directors provides you with written notice that there has been loud music and partying taking place lasting into the wee hours of the morning in your unit. You want to check your unit for damage. As the landlord, what rights do you have?
2. You have been accepted as a full-time student at Bow Valley College and decide to move into a house near the college with three other students. During the fall semester, the living arrangements are fine; however, once the winter semester begins, the furnace stops working and, despite numerous requests, the landlord refuses to have it fixed. The property also has a broken window that is boarded but desperately needs to be replaced. In addition, the neighbor is complaining about the sidewalk in front of your property not being shoveled and the landlord has responded by leaving a note on your door that you will be evicted unless you start keeping the sidewalk clear. As a tenant, what rights do you have?
3. You have signed a lease on an apartment and have provided your current landlord with notice that you will be moving out at month end. Your new landlord advised that you would be able to pick up the keys a few days in advance of the move in date. When you arrive to pick up your keys two days before your possession date, you find that the apartment has been rented out to someone else and they are in the process of moving in. What are your rights?
Answer:
1. Issue
The issue here is the determination of the rights of a landlord in the scenario given and any recourse that is available to the landlord in case the condo is damaged.
Rule
Residential tenancies within the jurisdiction of Alberta, Canada are governed and regulated by the Residential Tenancies Act, 2004. As per the provisions of Section 23 of the Residential Tenancies Act, 2004 the landlord has a right to entry of the property leased out by him. The right to entry can be exercised through two methods these are:
24 hour notice;
Through mutual consent, with a mutually agreed upon time.
The landlord also has the right to enter the property if he has reason to believe that the property has been abandoned and/or in case of an emergency.
The act also prescribes various obligations on part of the tenant which must be observed. As per Section 21 of the act the tenant must ensure that the property is not damaged by any individual (Penner & Smith, 2013). Section 30 (1) of the act provides that in case of such damage the landlord would have the right to file an application before and give the tenant a termination notice that comes into effect in 24 hours (Smith, 2014).
Application
In the given set of facts circumstances we see that the landlord can provide a 24 hour notice for inspection or obtain the tenant’s consent and agree upon a time for inspection. In case the landlord finds any damage the landlord would have the right to apply to court under Section 30 (1) and subsequently terminate the tenancy with 24 hour notice.
Conclusion
The landlord would have a right of entry as prescribed by the act and in case of damage the landlord would have the remedy prescribed under Section 30 (1) of the act.
2. Issue
The issue to be determined here are the rights available to a tenant in such a situation and remedies that would be available to such a tenant.
Rule
A property that is leased out must meet minimum habitable standards. This is provided for in the Residential Tenancies Act, 2004 at Section 16. The section provides that these minimum standards are defined in various legislations such as- Minimum housing and Health standards, Alberta’s Public health Act and Housing regulation (Lambert, 2017). As per section 16 of the act any property leased must meet the requirements prescribed in the act. In case these requirements are not met the tenant has the right to remedies prescribed under Section 37 (1) (a) and (c).
Application
In this case the tenant would be entitled to proceed legally against the landlord as he is in breach of his covenants under Section 16. If the student is compelled to continue shovelling then he would be able to recover costs for the same under the remedies provided through Section 37 (1) (a) and (c).
Conclusion
The tenant would have right to get the repairs executed and would have remedies for non-maintenance.
3. Issue
The issue here is to determine of the rights of the tenant and any recourse available to the parties.
Rule
Section 16 (a) of the act provides that the landlord would make the leased property available for occupation at the beginning of the tenancy (Bridge, 2015). Section 38 of the act further provides for remedies in case the landlord could foresee such a breach of obligations under Section 16 (a) (Buckwold, 2017).
Application
Under the given set of circumstances the landlord would be compelled to deliver possession as per his covenants under Section 16 (a). In case the landlord fails to do so the remedies provided under Section 38 would apply.
Conclusion
The tenant would have the right to obtain possession. Furthermore, in case he does not obtain the same he can apply for remedies under Section 38 of the Act.
Reference
Bridge, M. (2015). Personal property law. OUP Oxford.
Buckwold, T. M. (2017). The Reform of Judgment Enforcement Law in Canada: An Overview and Comparison of Models for Reform. Sask. L. Rev., 80, 71.
Lambert, N. (2017). The Constitutional Aspect of Canadian Contract Law. In The Constitutional Dimension of Contract Law (pp. 269-288). Springer, Cham.
Penner, J., & Smith, H. (Eds.). (2013). Philosophical Foundations of Property Law. OUP Oxford.
Residential Tenancies Act, 2004.
Smith, H. E. (2014). The Persistence of System in Property Law. U. Pa. L. Rev., 163, 2055.
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