Understanding Landlord-Tenant Rights and Responsibilities in Business Law
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Added on 2023/04/12
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This document provides an overview of the rights and responsibilities of landlords and tenants in business law. It covers situations such as entry into premises, maintenance of property, and ending tenancy. The document also discusses legal options available to tenants in case of disputes with landlords.
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Situation 1 A landlord can enter the tenant’s premises with his consent or by serving a notice on him in this regard. The landlord can take the consent of the tenant anytime before entering the tenant’s premises as per his convenience. The landlord can also serve a notice on the tenant at least 24 hours before the time of entry (Kirton & Madunic, 2009). The notice has to be in writing stating the reason for the entry. The landlord can take action against the excessive noise made by the tenant. The landlord may terminate the tenancy if the situation persists. If any damage is caused to the premised by the tenant the landlord can apply the money deposited as security deposits in repairing those damages. The security deposit is an amount of money given by the tenant to the landlord before the beginning of the tenancy. The security deposit can also be applied against the rent unpaid at the end of the tenancy. However, at the end of the tenancy, the landlord cannot use the security deposit to pay for the damagescausedbythetenantunlessamove-inandmove-outinspectionreportare completed. Situation 2 The landlord is under obligation to provide a well-maintained room to the tenant. He is responsible for repairing the premises whenever in need. The landlord is under obligation to provide the premises in such a condition that it can be used by the tenant. The landlord is responsible for fixing the broken window and repairing the furnace (Melton, 2010). The tenant has a complaint the landlord many times requesting repair of the premises. A tenant has four legal options opened with him in case the landlord is not maintaining the premises properly. The tenant may send a letter to the landlord mentioning in details all the repairs required and should keep a copy of such letter with him for records. The tenant can make the contract as per the property standards department or the rental housing enforcement unit if the landlord refuses to accept the problem (Yates, 2015). An inspector will then come to inspect the premises to find out if any by-law has been violated. In case of any such violation will write a report ordering the repairs to be done within the mentioned deadline. Both the tenant and landlord will receive a copy of this report. If the landlord does not comply with such orders he is liable to pay fine or will be charged with an offense. The last 2
option left with the tenant is to apply for an abatement of rent to the landlord and the tenant board. Situation 3 The landlord was under the responsibility to provide the tenant with the possession of the property. The landlord cannot sublet the property once let out to another person. The landlord can only let out the property to another person once the period of tenancy gets over (Phillips, 2013). The tenant can sue the landlord if the landlord decides to end the tenancy before the lease expires. A landlord in order to evict the tenant has to go through legal channels. The landlord cannot abruptly end the tenancy. 3
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References Kirton, J., & Madunic, J. (2009).Global law(5th ed.). Farnham: Ashgate. Melton, B. (2010).The law(3rd ed.). New York: Chelsea House Publishers. Phillips, J. (2013).Property law(3rd ed.). [Toronto]: Faculty of Law, University of Toronto. Yates, R. (2015).Legal fundamentals for Canadian business(4th ed.). Canada: Pearson Canada. 4