Justice at last
for the landlord, but not before one final kick in the pants.
Furthermore, an implied rent refund would sit uneasily with the detailed express terms as to the financial consequences of exercise (or non-exercise) of the break option: where the draftsman had expressly included a requirement for a # 919,800 premium to be payable as a condition of the break and had provided
for the landlord to pay the tenant # 150,000 if it did not terminate on the first break date, there seemed little room for implying additional terms as to payment.
Thus, landlords are reminded that where a demand has not been accepted by a tenant for some technical reason, it may well be worth revisiting the terms of the lease and, even if the landlord does not agree with the interpretation, on a basis that is stated to be without prejudice to the landlord's interpretation, it would be beneficial
for a landlord to amend the procedure, rather than embark on costly litigation with no guarantee of success.
In competitive rental markets, it's a good idea
for a landlord to ask a prospective tenant for «key money» in addition to the security deposit, cleaning fees and rental amounts that are included in the lease.
Is it legal
for a landlord to refuse a lease application for the sole reason that an Occupant included in the application is an undocumented immigrant despite the Applicant being a US Citizen?
A) There is no requirement
for a landlord to rent to any particular person (or for that matter to sell food, water, clothing or other necessities to a particular person).
A landlord not being restricted from refusing housing to someone (especially in the case described), does not mean it is illegal
for the landlord to restrict a lease on the grounds of immigration status of a tenant / resident (or to restrict the presence of sub-leasees or guests, to the limit provided in local law)
The recent Supreme Court decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and Another [2015] UKSC 72, [2015] All ER (D) 24 (Dec) dealt with that perennial source of contentious work
for the landlord and tenant specialist, a tenant's break clause in a commercial lease.
Most commercial leases allow
for landlord responsibility in the area of utility access, wall exteriors and roofs.
Recent litigation includes acting for a receiver in a claim to recover possession from trespassers and mortgagors; acting for a claimant in a trial to establish a prescriptive right to park; acting for a former cohabitee in a claim for a beneficial interest of property under TOLATA; acting in a claim for an injunction and damages in respect of trespass and nuisance; acting for a mortgagee in a contested mortgage possession claim defended on the grounds of undue influence, non est factum and unconscionable bargain; acting for a defendant in a claim for damages for unlawful eviction; and acting
for a landlord in a claim for renewal of a business tenancy.
By: Jonnette Watson Hamilton PDF Version: Abatement of Rent
for Landlord's Breach of the Minimum Housing and Health Standards Case Commented On: C.V. Benefits Inc. v Angus, 2017 ABPC 118 (CanLII) This decision is important for two reasons.
From 1 April 2023, it will also be in breach of the law
for a landlord to continue to let a commercial property with an F or G Rating.
Is it legal
for my landlord to do this?
Is it illegal
for the landlord?
It is illegal
for a landlord to retaliate against a tenant simply because a tenant is requesting repairs.
It would be difficult
for the landlord to get rid of you, and would probably take several months to do legally.
Regardless of whether the Notice of Termination is given
for the landlord's own use under s. 48 or on behalf of a purchaser under s. 49, if the person who claimed to require possession under those sections fails to occupy the rental unit «within a reasonable time after the former tenant vacated the rental unit» (s. 57 (1) RTA), the landlord will be liable under the RTA for failing to give a «good faith» notice of termination and will be liable to significant financial penalties payable to a former tenant and to the Landlord and Tenant Board under s. 57 (3) RTA.
Is it legal
for the landlord to use the system to purposely lock the tenant out in order to force them to visit (for instance, to pick up a new replacement card or for some other reason).
Students should no longer been seen as a last resort
for a landlord, but instead must be recognised as a demographic of renter requiring greater support.
Usually they don't retain counsel because the amount at issue (a month or two of rent or $ 1000 in damage as they move out) does not make it cost effective
for the landlord to retain counsel.
In Ontario, it is illegal
for a landlord to, among other things, require (or even obtain on consent) a damage deposit, require the tenant provide post-dated cheques, or prohibit a tenant from owning a pet.
If one of the new tenants doesn't pay or damages the house, is it legal
for the landlord to then use joint and several liability to sue one of the original roommates?
Is it legal
for a landlord in the state of Tennessee to charge a tenant's debit card electronically (using information stored from a previous transaction) without the tenant's knowledge, presence -LRB-...
The reason for this trend for developers to have high or increasing ground rents has nothing to do with the law but is driven by the developer's desire to create another source of income and thereby create an investment asset
for the landlord / developer.»
So, in essence, what the apartment contract says is, that you agree to do or not do some things (including paying rent), in return
for your landlord temporarily granting you some rights (such as the right to reside (generally exclusive), the right to control the space, etc.), and imposing some obligations on themselves (which vary from place to place).
Assuming that your lease is for fewer than seven years, the statutory provision
for a landlord's repair obligations is set out in s11 Landlord and Tenant Act 1985.
Evictions used to cost $ 500
for a landlord to undertake, and that's because the lawyers would group 10 or 20 of these evictions, go before a judge, sit there all day, and evict 20 families.
It can be just as beneficial for the tenant to have a contract lawyer look at the contract as it is
for the landlord to have the lawyer review it before it gets handed to the tenant.
When he called the person acting
for the landlord, Mr. Barlow was told that he had been evicted and that he could not enter the premises and access his belongings.
Set the legal standard
for landlord liability for the injuries of children poisoned by lead paint.
So I accepted a 2nd job about 8 months ago as an elderly care taker
for my landlord's parents.
It's illegal
for a landlord to toss a tenant's property without notice.
You'll want to have two copies, one
for the landlord or property management company and another for the tenant.
Rent Receipts provide proof of rent payment for the renter and a record of income
for the landlord.
Your Apartment Lease, also called an Apartment Rental Agreement, can include information like: the apartment's address and a basic description; the duration of the lease; the contact information
for the landlord (s), tenant (s), and property manager; details about the monthly payment; security deposits; any pet or guest policies, as well as subletting, parking, and storage privileges; who will pay for which utilities; and more.
But by the turn of the 21st century, a ground rent became something more than a convenient figure to indicate a landlord and tenant relationship without much bearing on the actual value of the land: it became a means
for a landlord to continue to extract money from a tenant throughout the term of a lease, regardless of the premium paid at the date of the grant.
When applying to rent an apartment, you may have to pay a processing fee
for the landlord to run a credit check.
This meeting might be a chance
for the landlord in the above scenario to make specific rules for the tenant about how many people may live in the unit or if pets are allowed.
Reached Friday, a property manager
for the landlord said the gallery's lease says nothing can be affixed to the building's facade so the flagpole and the flag had to be removed.
All it takes is one bad experience - a claw - happy cat or a training - challenged pup -
for a landlord to hold a grudge.
JM: Are you doing
it for the landlord or are you doing it for the tenants?
Make arrangements
for the landlord to meet your pet!
It is illegal
for a landlord to deny housing to a person because that person, or someone associated with that person, has a mental or physical disability.
A bill making it illegal
for a landlord in California to require their tenants to have their pets declawed or devocalized has been rejected by Governor Arnold Schwarzenegger.
• If you are interested in adopting a pet and rent your home, we ask
for landlord permission before the adoption goes through.
If you have doubts, ask
for the landlord's name and number, then call him yourself.
We ask
for landlord information if you rent.
If you answered yes, please provide the contact information
for the landlord, since permission to have a dog in your home will be required in order to be approved to adopt: Landlord name:
All applicants who live in a rental property must provide their contact information
for their landlord, and must have approval from the landord to have a pet at the residence listed on the adoption application.
Re: REITs: Most leases have rent esclation clauses that increase the rent over the course of the lease term (ex: a tenant in mall might lease space for 10 years with the rent increasing 2 % per year to cover inflation expectations
for the landlord).