Non-payment of Rent and Landlord’s Rights and Obligations
In the following case of Melissa vs David, there is non-payment of rent as per section 59 of Residential Tenancy Act, section 21 of the same act that talks on the landlord withholding his services can also be applied. Section 21 states that the landlord can withhold any of the services that he is offering such as maintenance services and food giving the landlord a right to reservice the rental space without any threats as per section 23.
Melissa’s rights
Melissa has the rights to evict David as provided by section 21 of this act (Residential Tenancy Act, 2006). This will be done after the court has agreed to this eviction or after Melissa has given the couple a letter of notice that will notify them of the end of their tenancy period due to their lack of paying the rent. This notice should clearly show the amount that they are supposed to give Melissa and any amount that they are required to pay if they would want to continue staying in the room.
Expected results
As per the provisions of the tenant act it is expected that David and the family will undergo eviction unless they comply to the notice that they will receive form Melisa within a period of 2 weeks (14 days), refusing to comply to the notice will be a breach in the tenancy agreement that is addressed in section 29 of the Residential Tenancy Act 2006 (Smith et al. 2007).
Mr. Justine (the tenant) has the responsibility of ensuring the cleanliness of the property that he has found according to section 33 of part four that states that the tenant is responsible for the cleanliness of the rental unit (Shipley and Parsons, 2006).
He is also responsible for the repair or damage that he causes as per section 34 of part four that states that the tenant is responsible for the repair of the damage committed and any replacement due to negligence of the on his side.
Mr. Bob who is the landlord has the mandate to safeguard the rental unit property as per section 20 of part three that articulates the responsibility of landlords, it states that the landlord should provide and maintain the residential complex as the required housing standards, he is also in charge of the repairs in the rental unit.
The landlord should include the terms of the repair in the tenancy agreement so that once the event of damage the tenant is aware of how to deal with the situation (Gazdar and Mallah, 2010).
In this case Mr. Bob is not liable to retain $1324.21 unless this is the total cost that is required in repairing all the damages (which in this it is not). Mr. Bob should only take the $ 1,185 considering that the properties in question have taken two years since they were acquired showing that they have already reduce in terms of value (Smyth, Soberman and Easson, 1968).
Mr. Bob should consider the nature of the damage in terms of its current value in the market, the amount required to replace the damaged properties, reasonable out of pocket expenses that will incur during the period of repair and the wear and tear that it might have underwent as per section 30 sub section 5. Mr Justine who is the tenant might also decide to take the carpet for washing or any other option instead of replacing a new one if the Board realizes that its condition has not greately changed to the extent that it will require replacement (Fleming, 2015).
Damage to Rental Units and Liability
In this case, Sophia who is the landlord, is responsible for the fire though the tenant could slightly have been involved in the fire. She is responsible because of the following reasons:
Sophia’s heater cover that first caught fire was in the wrong position that led to the propagation of the whole fire that consumed the rental unit. In dealing with fire and its equipment’s it is always advisable that other flammable equipment’s be kept away from the fireplace, but this is exactly what she did.
Secondly the fact that the heater over heated could shows that there were problems with the power supply or the power equipment leading to the overheating, in this generation there are a lot of equipment’s that could have stopped the heater for overheating but the fact that it still happened shows negligence on the side of the landlord (Sophia).
On the side of the tenant, he cannot be blamed for using the resources that were provided without being aware of the heater cover that ended up propagating the fire, on the other hand he contributed to using the heater extremely to the extent it started overheating.
In terms of compensation if it was to happen the landlord should be the one to compensate the tenant considering that Sophia has greatly contributed to the fire, I am positive that even the Board would declare the landlord responsible as per the reasons that have been give above.
In this case I (the landlord) will be in charge of repairing the broken window and the heating system due to the fact the tenant found it that way moreover, he informed me of the problems more than one time. According to section 20 subsection one I am supposed to ensure that the rental unit is in the best condition in terms of maintenance, provision of repair, adherence to health standards and maintenance and house standards (Pippen, 2009).
I should also repair considering that, the tenant has not breached any condition that has been provided in section 34 that dictates the reasons that should make the tenant to undertake repair. As per the provisions of this law before moving to the house the tenant and I should inspect the rental unit, in this case there were damages that I was to repair but I still had not which means I am responsible.
Reference
Alberta (2017, December 15) Residential Tenancies Act.
Fleming, J. (2015). Residential tenancies in Ontario. LexisNexis Canada.
Gazdar, H., & Mallah, H. B. (2010). Residential Security as Social Protection. IDS Bulletin, 41(4), 42-51.
Pippen, D. (2009). Security of tenure: tenancy law reform [Paper in: Housing.]. Reform, (94), 20.
Residential Tenancies Act, 2006, S.O. 2006, c. 17
Shipley, R., Utz, S., & Parsons, M. (2006). Does adaptive reuse pay? A study of the business of building renovation in Ontario, Canada. International Journal of Heritage Studies, 12(6), 505-520.
Smith, S., Forbes-Mewett, H., Marginson, S., Nyland, C., Ramia, G., & Sawir, E. (2007, October). The Right to Adequate Housing in the Context of International Education. In Australian International Educational Conference. www. idp. com/aiec.
Smyth, J. E., Soberman, D. A., & Easson, A. J. (1968). The law and business administration in Canada. Prentice-Hall of Canada.
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