This document discusses the legal principles and rights of landlords and tenants in residential tenancies. It covers topics such as rent payment, eviction, and repair responsibilities. The document also includes case studies to illustrate these principles.
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Running head: BUSINESS LAW Business Law Name of the Student Name of the University Author Note
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1BUSINESS LAW Table of Contents Question 1......................................................................................................................2 Case 1.............................................................................................................................2 Question 2..................................................................................................................2 Question 3..................................................................................................................2 Case 2.............................................................................................................................3 Question 4..................................................................................................................3 Question 5..................................................................................................................3 Case 3.............................................................................................................................3 Question 6..................................................................................................................3 Case 4.............................................................................................................................3 Question 7..................................................................................................................3 Question 8..................................................................................................................4 References......................................................................................................................5
2BUSINESS LAW Question 1 The legal principles in the following case studies involves the provision of the Residential Tenancies Act 2006, which states the rights and liabilities of the landlord and the tenant. The Act states that the landlord shall receive rent on time for the rented property while the tenant shall receive a safe and secure place to reside. The tenancy agreement signed between the parties must include specifications like the rent, its due day, its method of payment and its method of delivery to the landlord. In addition, the agreement must also includeclausesandconditionsastothedeductionofthetenant’sdeposit,repairing responsibility, et cetera in accordance to the Act ("Residential Tenancies Act, 2006", 2019). Case 1 Question 2 UnderSection 59of theResidential Tenancies Act 2006, Melissa can eitherserve a noticeto David, directing him to pay the rent or may apply to theLandlord and Tenant Boardfor the board to collect the rent on her behalf. Melissa can also apply to the Board to evict David for non-payment of rent for 11 months("Landlord and Tenant Board | SJTO", 2019). Question 3 David must clear the 11 months’ rent that he has failed to pay. He may either pay it directly to Melissa or may deposit it to the Board. It can be also expected that he may be asked to leave the property for not paying the rent for so long("Landlord and Tenant Board | SJTO", 2019).
3BUSINESS LAW Case 2 Question 4 Bob has no capacity or reason to hold $1324.21 for the dead houseplants and the stained carpet from Justin’s rent deposit. In no way Justin can be held responsible for maintaining the houseplants unless it was agreed by the parties and has a mention in the Tenancy Agreement. However, he can claim for a reimbursement for the carpet which was stained by Justin. Question 5 As the carpet was already 2 years old whose shelf life was of 4 years, Bob can claim half price of the new carpet, which is, half of $1075. However, he cannot charge Justin for the dead houseplants which was not his responsibility to look after. Case 3 Question 6 Sophia is to be held responsible for the fire at her tenant’s place, as according to the Fire Brigade, the fire had caught from the heater cover provided by Sophia to the tenant. In this situation, the tenant would be entitled to claim compensation for the goods that were damaged in the fire. Case 4 Question 7 Itistheobligationofthelandlordtorepairthebrokenwindowandtheair conditioning system of the rented property. The tenant can be made to repair the broken things only if it was agreed under the Tenancy Agreement.
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4BUSINESS LAW Question 8 In case the tenant repairs the broken window and the air conditioning system, he shall be entitled to reimburse the repair expense from the landlord. However, the tenant cannot decide to deduct the repairing cost from the rent unless the landlord consents to such arrangement.
5BUSINESS LAW References Landlord and Tenant Board | SJTO. (2019). Retrieved from http://www.sjto.gov.on.ca/ltb/ ResidentialTenanciesAct,2006.(2019).Retrievedfrom https://www.ontario.ca/laws/statute/06r17