Property Law Assignment Solution - Rights and Disputes

This property law assignment solution analyzes the rights and responsibilities of landlords and tenants under the Residential Tenancies Act and Regulations. It addresses key areas such as landlord's right of entry, eviction procedures, and property maintenance obligations. The solution also examines tenant rights, including the right to a safe living environment and the right to receive notice before landlord entry. Furthermore, the assignment explores dispute resolution scenarios, covering situations before moving into a new premise. The solution references relevant legal frameworks and case law to provide a comprehensive understanding of property law principles and their practical application in resolving disputes.

Running Head: PROPERTY LAW
Property Law Assignment
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Property Law
Answer 1: Rights of a Landlord
According to the Residential Tenancies Act and Regulations, Landlords have the right of
entry into a tenant’s premise. In this particular case, the landlord has received a notice from
the condominium board of directors notifying him of partying and loud music that lasts into
the wee hours. This mainly emanates from his unit. It is prudent that as a landlord, one has to
check the premises for any damages, (Lewis et al., 1968). Both parties- the landlord and the
tenant are seen as owners of the unit because the tenant- through the residential tenancy
agreement, is entitled to enjoy his premises. As such, both have to abide by the rule.
However, complaints at times from neighbors warrant the landlord to enter his premise with
the tenant’s consent. A 24-hour notice should be given to the tenant. Secondly, the landlord
has the right to evict the tenant by providing a 14- day notice especially in situations where
the premise has been damaged by the tenant. Entry with notice is also another right that a
landlord has. By giving a 24-hour notice, the landlord has the right to inspect the premises,
especially for damages. Reason for entry must be indicated in the notice, (Quirouette et al.,
384). Most importantly, landlords have the express right of maintaining the property with the
aid of inspections.
In case the condominium unit is damaged, the landlord has the right to terminate the contract.
A written notice has to be served to the tenant with the reason stated therein. In addition, the
last date of the tenancy is also included. In a situation where a major renovation has to be
done, the landlord should give a notice of 365 days. This is applicable where a periodic
tenancy was entered into. A 3-month notice is given to the tenant if the agreement was in a
monthly periodic tenancy form. It is also worth noting that tenants have the responsibility of

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keeping the premises in a good state. Breach of this requirement implies that the tenant
should fix the damages.
Answer 2. Rights of a Tenant
According to the Alberta Public Health Act, landlords have to ensure that properties are safe
to live in. Wiring, heating and plumbing works have to function well when the tenants move
in. in this regard, tenants have the right of informing landlords about the existing problems in
the premise. A right to receive a notice before the landlord enters the premise should also be
adhered to, (Lopston, 2017). Under the Residential Tenancies Act, tenants have the right to
inform landlords about any form of damages or areas that need repairs, in this case, the
landlord has been informed several times about the faulty furnace and the broken window
that needs replacement.
In a situation where a disagreement happens between the tenant and the landlord, or
the landlord fails to comply with certain notices, disputes can be raised at the Residential
Tenancy Dispute Resolution Service or at the Provincial Court. This mainly happens when
both parties fail to agree amicably, (Schenk & McCormick, 2018).
Answer 3: Disputes before moving to a new premise.
In the first scenario, a notice showing the intention to vacate the promise has been provided
by the tenant. However, this may not be the case because the new premises has a new
occupant. According to the Residential Tenancies Act, a different time to move out can be
agreed on by both the tenant and the landlord, (Jadidzadeh $ Falvo, 2018, 25). This aspect
does not apply if the landlord is the one who serves the tenant with a vacation notice within
24 hours. As a result, a mutual agreement can be set by the two parties thus allowing the
tenant to stay until he or she finds a new premise, or enters into a new lease agreement with
the current landlord.

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In the second instance, the tenant has signed a lease agreement with the new landlord. As
such, nothing should be changed and the tenant should be the sole custodian of the premise.
A remedy for this situation is solving the dispute in courts of law so that the landlord can pay
for damages and refund the rent paid beforehand. This is expressly implied in the residential
tenancy agreement.

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References
Schenk, A., Geuze, G., & McCormick, A. (2018). Ensuring Healthy Homes for British
Columbians: Toward a Provincial Standard for the Remediation of Residential Properties
Used in Drug Production.
Quirouette, M., Frederick, T., Hughes, J., Karabanow, J., & Kidd, S. (2016). ‘Conflict with
the Law’: Regulation & Homeless Youth Trajectories toward Stability. Canadian Journal of
Law & Society/La Revue Canadienne Droit et Société, 31(3), 383-404.’
Lewis, J. R., Holland, J. A., Burke, C., & Lewis, S. J. (1968). Landlord and tenant. Sweet &
Maxwell.
Jadidzadeh, A., & Falvo, N. (2018). Patterns of exits from housing in a homelessness system
of care: the case of Calgary, Alberta. Housing Studies, 1-26.
Loptson, K. (2017). The “Housing Economy” and Housing Insecurity in Canada (Doctoral
dissertation, University of Alberta).