LEGL-260 Lecture Notes - Lecture 9: Personal Property, Demand Letter, Distraint
19 Mar 2018
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Residential and commercial tenancies: not a huge difference, overall the process is the same. Residential: residential tenancies act (rta, civil enforcement act (cea) Three breaches: don"t pay rent, damage, don"t give up possession when you are supposed to, can apply to court for remedy (rta s. 26, recovery of arrears, court order for recovery of possession etc Instead of suing: landlord can affirm the lease and distrain for rent. (cea s. 104) ** distrain for rent follows the same process as seizure under a writ: bailiff seizes property. If personal service of seizure documents not possible, proceed as though the debtor has objected. If the debtor objects, must apply to the court for removal and sale: civil enforcement agency provides notice of method of sale. Landlord exemptions: food for 12 months, necessary clothing up to ,000, household furnishings and appliances up to ,000, medical and dental aids, personal property used to earn income.
