Business Law Assignment

This Business Law Assignment covers topics such as non-payment of rent, eviction process, damage to property, landlord's responsibilities, and tenant's obligations. It discusses relevant laws and regulations related to residential tenancies. The assignment includes case studies and questions with detailed explanations.

Business Law Assignment
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Table of Contents
Case-1....................................................................................................................................................3
Question 1.........................................................................................................................................3
Question 2.........................................................................................................................................3
Question 3.........................................................................................................................................3
Case-2....................................................................................................................................................4
Question 4.........................................................................................................................................4
Question 5.........................................................................................................................................4
Case-3....................................................................................................................................................4
Question 6.........................................................................................................................................4
Case-4....................................................................................................................................................5
Question 7.........................................................................................................................................5
Question 8.........................................................................................................................................5
References.............................................................................................................................................6
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Case-1
Question 1
David and his spouse Ana had not paid the rent for eleven months. The landlord can evict the
couples from her house on the ground of non-payment of rent. Non-payment of rent results in
the substantial breach. In case of any substantial breach, the landlord must give a notice of 14
days to the tenant by which the tenant must leave the premises. The notice must be served in
writing, signed and must clearly state the details of the breach. If the breach is due to failure
to pay the rent the arrears may be paid within 14 days and the notice will hence become
ineffective. The notice can be served to the tenant either by delivering it to him in person or
by delivering it to him through registered mail. The landlord can terminate the tenancy only
in accordance with the Residential Tenancies Act and Regulations in case of any breach
(Kirton & Madunic, 2009).
Question 2
Melissa, the landlord can take certain action against the couple, David and Ana. The couple
was living as a tenant in Melissa’s house and their rent was due for eleven months. The
landlord can evict them by giving a written notice clearly stating the substantial breach
caused by them. The notice period is of 14 days. The couples can pay their due rent within
the period of 14 days. If the rent is paid within 14 days the notice will become ineffective.
However, if the due rent is not paid during that period the landlord may move to the court for
an eviction order against the tenant. David may pay the rent within the notice period of 14
days to avoid eviction.
Question 3
According to the Residential Tenancies Act and Regulations non-payment of rent results in a
substantial breach. In this particular case the couple David and Ana had not paid the rent for
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eleven months. The landlord Melissa can serve them a fourteen days notice before evicting
them from the premises. Within that 14 days time the couple can pay the arrears.
Case-2
Question 4
The law of tenancy in Alberta is laid down in the Residential Tenancies Act and Regulations.
The act states that in case of any damage caused by the tenant to the property of the landlord
other than normal wear and tear amounts to substantial breach. The tenant has caused
substantial breach in this case by causing stains on the carpet and destroying the houseplants.
The landlord can either serve a notice of 14 days to the tenant to evacuate the premises or
may ask him to indemnify him for the loss caused by the tenant (Melton, 2010). The landlord
had specifically stated to look after the houseplants so it was the responsibility on tenant’s
part to maintain them.
Question 5
Justin is liable to pay an amount of $1105 to Bob as he has caused a damage of $1105 by
staining Bob’s carpet and by being careless to look after the houseplants. Bob is not entitled
to retain the whole amount of $1324.21 out of Justin’s deposit. The excess money remaining
after compensating the loss can be balanced out from the rent payable by Justin.
Case-3
Question 6
The fire in the property as stated by the Fire Brigade is caused by the overheating of an
electric heater. The fire spread was due to the presence of the combustible material close to
the heater. The tenant is responsible as his carelessness caused the fire which was due to
overheating of the heater. The Residential Tenancies Act and Regulations clearly states that
any damage caused to property other than normal wear and tear will result in a substantial
breach. In case of any substantial breach, the landlord can serve a notice of 14 days to the
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tenant to evacuate the premises. The landlord is also entitled to recover the damages caused
to the property by the fire from the tenant(Musa, 2013).
Case-4
Question 7
The landlord is generally responsible for maintaining the property. The landlord is
responsible for ensuring that the property is compliant in terms of safety and health regulation
at the time of occupation by the tenant.
Question 8
Landlords are responsible for repairs to the structure and exterior of the property and it also
includes problems with roof and walls. Landlord has right to pay the mortgage through the
earning of monthly rent payments. Landlord has also right to ask the tenant to leave the house
if any of the clauses of the agreement get violated by the tenant. The obligation of tenet is to
pay rent on time and other changes that have been agreed by both the parties in the
agreement. The tenant has the right to withdraw rent sue the landlord in case the landlord fail
in taking care of important repairs (Thomas, 2010).
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References
Kirton, J., & Madunic, J. (2009). Global law (5th ed.). Farnham: Ashgate.
Melton, B. (2010). The law (5th ed.). New York: Chelsea House Publishers.
Musa, S. (2013). Reflections on Global Law (4th ed.). Martinus Nijhoff Publishers.
Thomas, G. (2010). Cornerstone law series (4th ed.). [Adelaide]: Law Society of
South Australia.
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