This text discusses various cases related to the Residential Tenancies Act and the responsibilities of landlords and tenants. It covers topics such as eviction, property damage, housing standards, and maintenance. The text provides references to relevant laws and regulations and offers insights into the legal aspects of business.
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Running head: BUSINESS LAW1 Business Law Student’s (Name) Institution
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BUSINESS LAW2 CASE 1 Before Landlord evicts their tenant in the case of Melisa and David, there must be legal act followed in section 21 and 29. in Residential Tenancies Act that determines the eviction of tenants for not paying their rent by giving out notice or a court order and what the tenant should do that’s David to avoid eviction. Melissa. Melissa can evict David and his spouse in reference with section 21of the Residential Tenancies Act when tenant fails to meettheir obligation. After giving them notice to end their tenancy early for nonpayment return and the details must include the amount of rent, they owe Melissa and the deadline of payment to cancel the notice Melissa can seek an order from the court terminating the tenant’s tenancy and permitting Melissa to evict David. If the court makes an eviction order, the eviction can then be carried out by the Court Enforcement Office (Smith et. al, 2014). David David’s obligation is to pay all the rent he owes within days obligated after receiving the notice and make sure Melissa gives him the receipt for his payment and the payment must also include any rent that comes due after the date of the notice Results The tenant will be evicted that’s David if he doesn’t pay the rent 14 days after he gets the notice after Melissa seeking court order. As per section 29 in the Residential and Tenancy Act 2006, in case a tenant commits a violation of the agreement that was signed between them and the landlord ,there is room for the landlord to apply for the court to terminate the tenancy or the
BUSINESS LAW3 landlord may decide to give the tenant another notice which indicates the amount of money that they should pay to retain the rental unit 14 days before end of tenancy agreement (Pippen, 2009). CASE 2 About section 21 which states that the tenant should not commit or allow others to engage in damaging the premise,it also state that the tenant will keep the promise in good clean conditions. Mr. Justine has the responsibilities not commit or allow any damages in the residential property and to ensure that the premises are in clean conditions just as they were before his tenancy period as per section 33 of Residential Tenancies Act (Shipley et al, 2006). Mr. Bobhas the responsibility of maintaining the apartment and ensuring that it is complyingto thehousing standardsaccordingtosection20 of the ResidentialTenancy Agreementand give out notice of lease violation to Mr. Justine MR. Bob should only retain $ 1,185 and $ 139.21 refunded back to Justine since, Mr. Bob is supposed to carefully inspect the nature of the damage occurrence by finding out the value of damages, the of pocket costs and any wear and tear that may have occurred on the damage before which could have tempered with the quality. CASE 3 About section 4 of RTA on ResidentialTenancies Ministerial Regulationand 16 which states that the rental unit should meet housing standards as per the Public Health Act and regulation. Sophia, the landlord, should be responsible since the heater cover caught fire first the flip side, about heaters is the issue of safety. When you’re dealing with heating equipment, generally, the rule is to keep the area around it clear in order to prevent fire and that was not considered by
BUSINESS LAW4 Sophia and their might be electrical issue with the sockets causing the electric heater that was not maintained incase of over heating the power should trip to avoid any damage using circuit breakers and sensorsat home that should have been set up with safe electronic components to ensure that the electrical equipment’s are functioning correctly and safely (Gazdar & Mallah, 2010). The tenant on the other hand should be compensated for the damage created by the landlordirresponsibilityandnoticeshouldbegivenanddutytoprovidealternative accommodation. CASE 4 It will be my responsibility as a landlord to repair and the tenant has the mandate to inform meif there is anything in the rental unit that requires repairmen or replacement. To avoid confrontation, I also have the responsibility of inspecting the premise together with the tenant a week before or after the tenant has moved in just to clarify conditions of the premise. The tenant is supposed to be given a signed inspection report which shows the compliance of the premise to the housing standards and regulations (Fleming, 2015). In case thetenant pays for the damage, he or she has the right to claim for his money back since its my responsibility as a landlord to make sure that the tenant gets the best and wont deduct security deposit, hence to avoid this, there should be clarity on responsibilities in regard to maintenance of the rental unit .This agreement between the tenant and the landlord should clearly indicate the responsibility of each member and how the repair should occur.
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BUSINESS LAW5 Reference Fleming, J. (2015).Residential tenancies in Ontario. LexisNexis Canada. Gazdar,H.,&Mallah,H.B.(2010).ResidentialSecurityasSocialProtection.IDS Bulletin,41(4), 42-51. Pippen, D. (2009). Security of tenure: tenancy law reform [Paper in: Housing.].Reform, (94), 20. Residential Tenancies Act, 2006, S.O. 2006, c. 17 Shipley, R., Utz, S., & Parsons, M. (2006). Does adaptive reuse pay? A study of the business of building renovation in Ontario, Canada.International Journal of Heritage Studies,12(6), 505-520. Smith, S., Forbes-Mewett, H., Marginson, S., Nyland, C., Ramia, G., & Sawir, E. (2007, October). The Right to Adequate Housing in the Context of International Education. InAustralian International Educational Conference. www. idp. com/aiec.