Answered step by step
Verified Expert Solution
Question
1 Approved Answer
As you may have been told, I will be keeping an eye on the landlord and tenant files while lawyer Lorraine Leasehold is on maternity
As you may have been told, I will be keeping an eye on the landlord and tenant files while lawyer Lorraine Leasehold is on maternity leave (Lawyer Sue Good will be reviewing my work) and I really need your help today. In case you don't know, I am just starting my articling phase and have never really done any landlord and tenant work before hence will need a lot of hand-holding. I have two main matters that I need help with today (essentially will need you to do), as follows:
- Review the notes on file relating to client landlord Gareth - Gary - Grunheld I "met" with him via Zoom yesterday and you will see that it involves Gary renting his condo out to a student who had gotten into trouble with the condo board and they want Freddie to kick him out. I believe this would fall under the Residential Tenancies Act, 2006, however I am not completely sure of this given that it is a condo being rented out...What I need you to figure out is what legislation would apply to Gary's situation - ie to evict his tenant. Would the Residential Tenancies Act, 2006apply? - and would therefore be a Landlord and Tenant Board matter- or is this something that is governed by the Condominium Act, 1998with the matter potentially being heard by the Condominium Authority Tribunal?
In a memo format, please answer the following questions:
- If Gary wants to evict the tenant, would the matter be heard by the Landlord and Tenant Board or Condominium Authority Tribunal - please provide a link to a reliable source that confirms this (also copy and paste directly from the source information which confirms your answer) You don't need to necessarily find the specific section of the legislation that would confirm this information - hey that would be awesome if you can - I just need you to find some reliable source that would confirm this for me- could be from something on the Landlord and Tenant Board site or another legitimate source - like perhaps the Condominium Authority of Ontario - I recall seeing a Guide For Residential Condominium Landlords on this site.
- Once you figure out the above out for me, in the same memo, confirm what the process would be to best address Gary's interests in dealing with the client, as outlined in the interview notes. Make sure to provide links to sources to substantiate your answer - would be even more helpful if you can copy and paste statements from the source into your answer.
- Please draft the appropriate Landlord and Tenant Board form that would be served on the tenant to initiate the eviction process discussed above. As noted above, I am not 100% sure that this is a Landlord and Tenant Board matter - I need you to confirm this - but figure that regardless will be good practice for you.When completing the form, make sure my information - Fiona Freshman - is in the representative box - but Gary will sign and serve the form by hand delivering it on Saturday, February 3rd. Do the best you can with the information you have and I will review it later today.
- As always, please keep track of your time. Please use the same docket form you used in the interview sessions and add.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
MEMO To Fiona Freshman From Your Name Date Current Date Subject Legal Advice Regarding Client Landlo...Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started