MGMT 1601 Property Law: Residential Tenancies Case Study Analysis

This assignment provides a detailed analysis of four case studies related to residential tenancies, focusing on key legal issues and principles. The first case examines the breach of a residential tenancy agreement due to non-payment of rent, outlining the landlord's rights to eviction and recovery of rent. The second case delves into security deposits, determining the rightful deductions for damages and the tenant's entitlement to the remaining balance. The third case addresses liability for fire damage in a rental property, emphasizing tenant negligence and the landlord's right to recover uninsured losses. Finally, the fourth case explores the responsibilities of landlords and tenants regarding property repairs, discussing rent abatement and the landlord's duty to maintain a safe living environment. The analysis references relevant sections of the Residential Tenancies Act and case law to support its conclusions.

Running Head: Residential Tenancies 1
Property Law Assignment: Residential Tenancies
Student’s Name
Institutional Affiliation

Residential Tenancies 2
Case 1
Q.2
The legal issue arising from this matter is that one of breach of residential tenancy
agreement from the 11-month non-payment of rent by David. This issue is of a substantial breach
as the rent was not paid when due against the tenant covenant stated under Section 21 (a) of the
Residential Tenancies Act (RTA). Melissa has the right to evict David by sending him a clear
notice of eviction (within 14 days) for the nonpayment of rent (Boiron, & Boiron, 2009). David
has engaged in an act amounting to substantial breach that allows Mellissa to seek the
intervention of the court to termination of the tenancy by the provisions of Section 29(1) of the
RTA. Section 34.1 of RTA allows Mellissa to take an act of getting a Distress for Rent via a civil
enforcement agency in order to recover her apartment from David and his spouse (RTA
Handbook, u.d). Melissa can also involve the RTDRS via an Order of
Possession (RTDRS, 2019).
Q.3
The expected outcome is seen under Part 3 of the RTA stating the remedies available to
landlords. Under the provisions of Section 26 (1) (a), Mellissa is most likely to recover her rent
back ($39,600). David is most likely to be evicted and Mellissa will eventually get her apartment
back.
Case 2
Q.4

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The legal principle here is a ‘security deposit’. According to Gray (2010) this is the
amount of money that the landlord keeps and is to be applied against any damage that might
result from the tenant’s act during the tenancy period like the damage to the carpet beyond
normal wear and tear (Yates, Bereznicki-Korol, & Clarke, 2013). The money also is applied to
other obligations of the tenant to the landlord which for this case is taking care of the two
houseplants. For this case, Mr. Bob has the right to retain the carpet cost and the cost from the
failure to keep the agreement of looking after two houseplants. Mr. Justin has the right to
receiving the balance: Section 46 (2) (c) of the RTA.
Q.5
Mr. Justin is definitely not liable to receive the full amount the security deposit as there is
evidence of costs suffered from his tenancy. The amount entitled to Mr., Bob, however, is $1135
covering the two costs suffered. Mr. Justin is obligated to receive the balance of $189.21 within
30 days. Section 46 (2) (c) of the RTA.
Case 3
Q.6
The legal issue is who should be liable when there is a fire resulting in premises under a
tenancy agreement. This is the principle of negligence by the tenant as in the case of Alberta Ltd.
v. Phoenix Marble Ltd. (2008). Without a doubt, the tenant is solely responsible for the fire as
per the expert evidence by the fire brigade (not taking precaution against combustible material
near the heater). Still, there is nothing the landlord could have done. There has been no mention
of insurance and we presume the property was not insured against fire. From the decision of the

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case of Sooter Studios Ltd. v. 74963 Manitoba Ltd., (2006), it was decided that “the absence of
an express covenant of the landlord to insure is an important factor indicative of the landlord
having preserved its right to claim against the tenant”. Most definitely, our conclusion is that the
tenant is the cause of the fire, to mean that he is solely liable for the damages caused by it. Sofia
can successfully seek and get to recover her uninsured losses by the fire as in the decisions of the
aforementioned cases.
Case 4
Q.7
The issue here is who should take the responsibility of repair of premises under tenancy;
is it the landlord or the tenant. Even though the RTA is not specific on matters of repairs and
maintenance, public health laws place a mandate on landlords to ensure that their properties are
safe for a living (CPLEA, 2015). Under the provisions of Section 23 (3), (b) of the RTA the
landlord has the right to enter rented residential premises to make repairs. Even though not all
repairs are the landlord’s responsibility, I as the landlord of the mentioned house have a duty
towards the state of structures like windows and heating among others as a general rule when
there is no agreement as to what I should repair and what the tenant should repair (RTA
Handbook, n.d.).
Q.8
When the tenant pays for repair of the two items which should have been my duty as the
landlord, the tenant is entitled to an abatement of rent or payment for performing what should
have been a landlord obligation. This can be successful through the intervention of a court of law

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(RTA Handbook, n.d.). As the landlord, I have the right to prove that what is being repaired is
within or above our agreement.

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References
Cases
Alberta Ltd. v. Phoenix Marble Ltd., ABCA 177 (2008)
Sooter Studios Ltd. v. 74963 Manitoba Ltd., 5 W.W.R. 511, [2006]
Legislation
Residential Tenancies Act, Statutes of Alberta 2004, c R-17.1
Books and Articles
Boiron, P., & Boiron, C. (2009). Commercial Real Estate Investing in Canada: The Complete
Reference for Real Estate Professionals. John Wiley & Sons.
CPLEA. (2015) - Landlord and Tenant. Retrieved 26 March 2019, from
https://www.landlordandtenant.org/repairs/
Gray, D. (2010). The Canadian Landlord's Guide: Expert Advice for the Profitable Real Estate
Investor. John Wiley & Sons.
Residential Tenancies Act, Statutes of Alberta 2004, c R-17.1
RTA Handbook, (n.d.) Alberta Government - RTA Handbook for Landlords & Tenants,
Residential Tenancies Act & Regulations, Retrieved 26 March 2019, from
https://open.alberta.ca/dataset/a2767396-099f-43d0-932e-1ec75bf458f3/resource/
15cc7bf1-89c6-4baf-9393-ce82d28f3850/download/rta-handbook-bw.pdf
RTDRS. (2019). Alberta.ca. Retrieved 27 March 2019, from https://www.alberta.ca/residential-
tenancy-dispute-resolution-service.aspx
Yates, R. A., Bereznicki-Korol, T., & Clarke, T. (2013). Business law in Canada. Pearson
Education Canada.