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BUSN331 Business Law
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BUSN331 Business Law
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Course Code: BUSN331
University: Centennial College
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Country: Canada
Question:
Discuss about the Tenancy Rent Control and Credible Commitment.
Answer:
Introduction
The present assignment covers the discussion based on the regulations of Residential Tenancies Act for relevant steps to be taken by the tenant prior to sign the lease. The study further involves the discussion on landlord’s responsibility towards the tenant as well as inclusion of legal charges with respect to damage deposits as per the principles of Residential Tenancies Act.
Steps Sally should have undertaken prior to sign the lease
According to the Residential Tenancies Act, it is significant for the tenant to inspect the potential issues prior to sign the lease in order to address with the landlord. The first step includes inspection of space available for use in the apartment together with the analysis of amount of security deposit, which generally ranges from half to full monthly rental amount (Bclaws.ca, 2017). Second step involves inspection of existing damages in the apartment and check whether the landlord would fix it before moving in to the apartment (Arnott & Shevyakhova, 2014). In addition, Sally should have checked the included utilities in the apartment within the monthly rental amount along with the heat temperature that is mandatory between 1September and 15 June while the degree of heat should be more than 20°C (Kim, Lee & Lee, 2014).
Responsibilities of the landlord towards Sally and analysis of legal charges as damage deposit
As per the regulations of Residential Tenancies Act, landlord held responsible to provide the apartment ensuring the safety and health measures. It is essential to meet the principles of “Minimum Housing and Health Standards” and ensure the structure of renting apartment is proper. Accordingly, landlord is responsible towards Sally ensuring the apartment is heating appropriately that is more than 20°C but he cannot suggest her to wear a sweater since the landlord provided heat at only 12°C. The landlord held accountable towards Sally to fix the heat system so that the temperature can increase to 20°C minimum (Kim, Lee & Lee, 2014). Moreover, it is the responsibility of the landlord to meet the rules of Residential Tenancy Act which states the minimum heat in the apartment between September and June should be 20°C so that that the tenant is safe against wind or snow. Further, Residential Tenancy Act states that the landlord is not entitled to ask security deposit, damage deposit or any other additional charges other than the rent amount (Brown, 2016). Therefore, in the present case landlord was not legal in charging Sally, a damage deposit $2,000 since it is against the rules of Residential Tenancy Act. The landlord in the present situation entitled to charge Sally only rental amount that is $1,000 and not the amount of damage deposit.
Conclusion
The above discussion draws the significance on appropriate inspection of the rental agreement as well as other terms including the type of lease, heating temperature is essential before signing the lease. In addition, the it can be said that the landlord held responsible to provide safe and healthy apartment to the tenant that includes minimum heating of 20°C during the period of September to June. Further, as per the principles of Residential Tenancies Act, landlord is not entitled to charge any deposits other than the rental amounts hence, charging of damage deposit was not a legal charge in the present case.
Reference List
Arnott, R., & Shevyakhova, E. (2014). Tenancy rent control and credible commitment in maintenance. Regional Science and Urban Economics, 47, 72-85.
Bclaws.ca. (2017). Laws Publications – Government. Retrieved 5 March 2017, from https://www.bclaws.ca
Brown, N. R. (2016). Housing Experiences of Recent Immigrants to Canada’s Small Cities: the Case of North Bay, Ontario. Journal of International Migration and Integration, 1-29.
Kim, K. H., Lee, C. M., & Lee, Y. M. (2014). Rental housing system and housing market volatility: Monthly?rent based vs. asset?based systems. The Global Financial Crisis and Housing–A New Policy Paradigm, 296-312.
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My Assignment Help. (2018). Business Law. Retrieved from https://myassignmenthelp.com/free-samples/tenancy-rent-control-and-credible-commitment.
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