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Law 2101 - Mar. 4.docx

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Western University
Law 2101

Law 2101 Tuesday March 4 Landlord & Tenant Law Obligations of Landlords (continued from last class) • Reasonable Enjoyment (not on the exam) o The landlord must not substantially interfere with the tenant’s reasonable enjoyment of the unit (anything that would interrupt your use and enjoyment of your apartment/unit) o Applies to all usual purposes of use by tenant (s. 22 RTA) o This often comes into play when a landlord is renovating the complex or a neighbouring unit (you have a right to quiet enjoyment of your rental unit)  In this case you could apply to the Landlord and Tenant Board for an order that the landlord has violated section 22, and you could get some form of compensation (often an abatement or reduction in rent) • What if Tenant 1 has a problem with Tenant 2? o Tenant 2 does NOT owe a duty to Tenant 1 directly, BUT….  Tenant 2 owes duties to the landlord and other tenants (s. 64)  But only the landlord can enforce them o The landlord owes each tenant an obligation to provide them with a unit free from harassment/interference with enjoyment o The landlord owes a duty to Tenant 1 (s. 22)  If the landlord fails to remedy the problem with Tenant 2, Tenant 1 can file an application at the LTB against the landlord under s. 22 o *The Board doesn’t deal with problems between tenants, but the landlord has a duty to their tenants that can be enforced by the Board • Landlord must not harass o A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant (s. 23 RTA) o eg. ethnic minorities have been subjected to racism by their landlords • Disposal of property/abandonment of rental unit o The landlord has an obligation to hold onto your property, if your tenancy has been terminated, for a certain period of time (72 hours if you have been evicted) o If the landlord thinks that the unit has been abandoned, they can dispose of the property remaining, but only under the following circumstances: 1. An order from the Board terminating the tenancy (the landlord can’t just go into the property and throw away your things) 2. There is an agreement to terminate the tenancy 3. The tenant is the superintendent and no longer works for the landlord 4. *An order of the Board terminating the tenancy or evicting the tenant and 72 hours have passed since the order was enforced o The landlord can’t hold your property until you pay your rent (they can still file an application with the Board for nonpayment of rent) • Disposal of property on tenant’s death (not on the exam) o If a tenant dies and there are no other tenants of the unit, the tenancy is deemed terminated after 30 days *Rights of Landlords • Entry to Rental Unit o A landlord can only enter without written notice when:  In emergency (eg. water overflow, fire, etc…)  If tenant consents  To perform housekeeping duties agreed to  In order to show the unit to prospective tenants (only if a Notice to Terminate is given, only between 8am-8pm, and only if attempts to notify the tenant are made) o A landlord can enter with 24 hours written notice to:  Carry out repairs  Show the unit to a potential purchaser, architects, or engineers  To determine if the rental unit is in a good state of repair, fit for habitation, or to ensure compliance with relevant housing and maintenance standards  For any other reasonable reason set out in the tenancy agreement Obligations of Tenants • Ordinary cleanliness of premises o Tenant is responsible for the ordinary cleanliness of the rental unit (unless there is an agreement that requires the landlord to clean it) • Tenant’s responsibility for damages o Tenant is responsible for the cost of repairing damage to the unit o They are only responsible for damage caused by willful or negligent conduct by tenant, other occupants, or persons allowed in the unit  The tenant wouldn’t be responsible for damage done through normal wear and tear (eg. carpets start looking worse over time no matter what the tenant does) • No illegal acts on premises o No illegal acts, businesses, or occupations in the unit  eg. you can’t deal drugs out of your rental unit o Applies to the tenant or other occupant o Landlord may give tenant notice of termination o Notice must set out grounds and date of termination (you don’t need to know these periods for the exam)  Not less than 10 days for involvement of illegal drugs  Not less than 20 days in all other circumstances o Offence must have some effect on the tenancy o Offence must occur in the rental unit/rental complex  eg. if you’re dealing drugs (but not in your rental unit), it does not apply o Tenant can be found to have committed the illegal act even if there has been no prosecution or conviction (they haven’t even been to court yet) • Non-harassment of landlord o A tenant must not harass, ob
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