MGMT1601 Property Law Case Study: Rights and Responsibilities

This case study examines three different scenarios involving landlord-tenant relationships, focusing on the legal rights and responsibilities of each party. The first situation addresses a landlord's right of entry, noise complaints, and the use of security deposits for damages. The second scenario covers the landlord's obligation to maintain the premises, including repairs, and the tenant's legal options when the landlord fails to do so. The final situation discusses the landlord's responsibility to provide possession of the property and the legal consequences of ending the tenancy prematurely. The document provides relevant legal references to support its analysis. Desklib is a platform where students can find similar solved assignments and study resources.

Business Law

Table of Contents
Situation 1..................................................................................................................................2
Situation 2..................................................................................................................................2
Situation 3..................................................................................................................................2
References..................................................................................................................................3
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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
damages caused by the tenant unless a move-in and move-out inspection report are
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
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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.
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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.
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