Posted: June 20th, 2022

BUSN331 Business Law

Question:

What should Sally do before signing the lease?

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What are the landlord’s responsibilities towards Sally? Can he suggest that she wear a sweater if the apartment is too cold?

Is he legally allowed to charge Sally $2,000 for a damage deposit?

Answer:

Introduction

The Residential Tenancies Act in Alberta applies to everyone who rents their space (Alberta Queen’s Printer 2016, 2016).

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This act outlines the rights and responsibilities for landlords and tenants (Landlord & Tenant, 2015).

Question 1

The landlord and tenant must reach an agreement regarding the terms of their association before a tenant can move into rented accommodation. This agreement is called the residential tenancy agreement or the lease.

It can be written or oral, but it is better to have it in writing to avoid any ambiguities.

After the agreement has been thoroughly read, it must be signed (Alberta Government 2017, 2017).

Sally was therefore required to read and understand the terms of the lease agreement.

They are not to be ignored just because the landlord seemed nice.

Sally was also required to complete an inspection report before she could move into the apartment.

An inspection report is a document that details the condition of a rental property before the tenant takes possession (Alberta Government 2015).

The tenant can’t be held responsible for damages that were present before the tenant occupied the property.

A second important requirement is that the landlord refuses to repair the thermostat. This was the landlord’s responsibility.

Sally can apply to the Residential Tenancy Dispute Resolution Service for the following issues.

The recovery of damages;

The landlord failed to fulfill his obligations and caused the reduction of rent so that lost benefits could be compensated.

The end of the tenancy

To compensate costs to fulfill the obligation of the landlord (Alberta Government 2017,

Question 2

The landlord is responsible for maintaining the security and repair of the rented accommodation at all times, not just during the rental period (Alberta Government 2017, 2017).

In this instance, the landlord had to ensure that the heating system worked when he gave the accommodation to Sally.

A thermostat that is not working does not necessarily mean it is in good condition.

The landlord had to ensure that the thermostat was in good working order after Sally moved in.

To avoid this responsibility, Sally can’t be asked to wear the sweater.

Both the landlord and tenant are required to prepare the move-in inspection reports.

This report must be completed by both the landlord and Sally before Sally moves in. It should include the problem regarding the hole in a wall.

When the tenant vacates the premises, the tenant cannot deduct the security deposit for cleaning or damages.

The landlord cannot deduct damages from the $2,000 damage deposit that Sally has deposited.

Conclusion

This discussion highlights both the landlord’s and tenant’s obligations in relation to property tenancy.

Refer to

Alberta Government.

Inspection Reports.

Alberta Government.

Information for Tenants.

Alberta Queen’s Printer.

Landlord and Tenant

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