Business Law Assignment 1: Rights and Responsibilities in Alberta

This business law assignment examines the Residential Tenancies Act (RTA) of Alberta, outlining the rights and obligations of landlords and tenants. It addresses scenarios involving tenant disturbances, landlord responsibilities for maintaining rental premises, and the legal processes surrounding eviction. The assignment explores tenant duties like maintaining cleanliness and adhering to tenancy rules, and landlord obligations to provide safe and habitable living conditions. It also covers the eviction process, including the required notices and grounds for eviction, and the legal recourse available to both parties in cases of disputes or breaches of the tenancy agreement. The assignment emphasizes the importance of following proper procedures for entry, repairs, and termination of tenancy, as outlined in the RTA.

Running head: BUSINESS LAW ASSIGNMENT
Business Law Assignment
Name of the Student
Name of the University
Author Note

1BUSINESS LAW ASSIGNMENT
Table of Contents
Question 1........................................................................................................................................2
Question 2........................................................................................................................................2
Question 3........................................................................................................................................3
Reference List..................................................................................................................................4

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Question 1
In Alberta, the tenancy laws are governed by Residential Tenancies Act (RTA) that sets
out the rights and obligations of the landlords and tenants residing in Alberta. Under the RTA,
the tenants are required to perform the following responsibilities and follow the rules of tenancy:
 the tenants must keep the unit clean and must not cause any damage to the property or to
the common areas of the property;
 the tenants are prohibited from interfering with the rights of the tenants or landlords
residing in other units;
 the tenants are bound to follow the rules specified in the tenancy agreement;
On the facts here, the tenant has been disturbing other tenants in another unit by playing
loud music and partying into early morning hours, which is against the tenancy rules in Alberta.
In order to enter into the premises, it is mandatory to serve a notice of entry upon the tenants’
before entering into the property. They are only allowed to enter into the premises for certain
reasons and during specific hours with the consent of the tenants (Ziff et al., 2016). According to
section 26(1) of the RTA, the landlord may initiate legal proceedings against the tenant for
commission of substantial breach of the tenancy rule.
Question 2
The landlord is responsible for maintaining the rental premises clean and safe and in good
condition all the time both prior to the tenancy and during the tenancy. The landlord must ensure
that the structure and the home appliances are in good condition (Yong, 2016).

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In the given scenario, the landlord is responsible for ensuring that the building structure
and the home appliances such as windows, doors, heater, furnaces, etc are in workable condition.
The tenant must notify the landlord about the repairs to be made in writing. The landlord must
serve notice upon the tenant about making such repairs before entering into the rental premises.
However, the tenant must establish that they have not caused the damages.
In the given scenario, the landlord had the responsibility to make all the necessary repairs
as such damage was not caused by the tenants. However, the tenant must keep the sidewalk
clean, as it is also their responsibility to clean any common areas within the rental premises. If
the landlord refuses to make repairs, the tenant may complete the repairs and request
compensation from the landlord which if refused, an application may be brought through
provincial court or RTA Dispute Resolution Service. The tenant may give move-out notice or
apply to terminate the tenancy agreement depending on the type of tenancy.
Question 3
The RTA allows the landlord to evict tenant under special circumstances, such as when
the tenant poses a threat or has committed a substantial breach of tenancy rules. In case of
periodic tenancy, landlord must serve a 14 day notice to the tenant for specific reasons which
does not imply that the tenant has committed any wrong. Such reason include demolition of the
rental property, conversion of the property into condominium, landlord’s relative would reside
within such premises, etc and the landlord must state the reason for terminating the tenancy
(Distasio & McCullough, 2016).
According to the given facts, the landlord did not provide any notice for terminating the
tenancy and failed to state the reason for terminating the same. Hence, the tenant may serve a 14

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days’ notice of objection against such unlawful eviction and may initiate legal proceeding before
the Provincial Court or resolve dispute through RTA Dispute Resolution Service.
Reference List
Distasio, J., & McCullough, S. (2016). Eviction Prevention: Toolkit of Promising Practices.
Residential Tenancy Act 2004
Yong, M. C. (2016). Evaluation of the Government of Alberta's Direct-to-Tenant Rent
Supplement and Identification of Entitlement-based Housing Allowance Options.
Ziff, B., de Beer, J., Harris, D. C., & McCallum, M. (2016). A Property Law Reader: Cases,
Questions and Commentary, Preface and Table of Contents.