Legislation And Commercial Obligations Essay

Question:

Discuss about the Legislation and Commercial Obligations.

Answer:

Introduction

Refer to the tenancy case study of Sally and her landlord at Alberta, the guideline fixed for this purpose by the authority is known as Laws for Landlords and Tenants in Alberta. This Act is providing guideline in different aspects of tenancy matter both for tenants and landlords about their rights, duties and other commercial obligations. This case study had emphasized in different issues of – a) what Sally should do prior to signing the lease agreement, b) validity of the damage deposit taken by landlord from Sally for the rental and c) the non-maintenance of coveted level of heating system in the premises rented by Sally by the landlord (Servicealberta, 2015).

Duties of Sally before signing the lease agreement

As per Residential Tenancy Act or RTA of Alberta, there is provision of an inspection report before the agreement is signed. This inspection report is also called ‘in-inspection’ and is done by both landlord and tenant and produced in written form depicting the condition of the premises which is being rented with the features of then condition of the premises. This inspection report is compulsory for both landlord and tenant and is to be submitted within one week of the tenant moving in. This report is to be signed by the landlord or his authorized representative with the acknowledgement of the tenant confirming the condition of the premises and the same is to be handed over to the tenant. (Landlordandtenant, 2017).

As per the case study, the landlord had taken two month’s rent of $ 2,000 on account of damage deposit. This is not as per the standard law of damage deposit which restricts the landlord to accept damage deposit of only one month’s rent. In this case, the rent agreed upon is $ 1,000, and the landlord has to abide by this rule by accepting $ 1,000 only on account of damage deposit. Moreover the landlord has to pay interest to the tenant on the deposit with duly signed receipt of the same deposit. (Landlordandtenant, 2017).

Heating issue of the premises

As per the case study, Sally had found that the temperature level of the premises is not maintained as per the standard set by RTA. During the month of September Sally had entered the rented house and she had found that the heating system was not up to the mark with 12 degrees Celsius which is not at par with the standard fixed by RTA of Alberta during September. Expected level of temperature maintenance should be 22 degree Celsius. The landlord had imposed the condition that the small holes in the walls are to be repaired by her and only then he would take necessary steps to repair the heating system for maintenance of desired level of temperature in the house as per law. The liability of the landlord towards heating system of the premises is to ensure maintenance of temperature level at 22 degree Celsius irrespective of any preconditions like repairing of small holes on the walls by Sally (Austlii, 2017).

Conclusion

Although there are all areas covered for tenants and landlords regarding rights and duties of them through RTA, Alberta, it is the preliminary duties of the tenants to be aware of these rules and regulations. Unfortunately tenants are not so sensible regarding these aspects and have to bear the consequences for odd eventualities.

References:

Austlii. (2017, January 17). New South Wales Consolidated Acts: Residential Tenancies Act 2010. Retrieved March 18, 2017, from Austlii:

Landlordandtenant. (2017). Legislation. Retrieved March 18, 2017, from Landlordandtenant:

Landlordandtenant. (2017). What are the Minimum Housing and Health Standards? Retrieved March 18, 2017, from Landlordandtenant:

Servicealberta. (2015). Information for Tenants. Retrieved March 18, 2017, from Servicealberta:

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