Question
This assignment engages you in a comprehensive analysis of the law relating to residential tenancies. You will be required to demonstrate your understanding of the
This assignment engages you in a comprehensive analysis of the law relating to residential tenancies. You will be required to demonstrate your understanding of the Residential Tenancies Act, 2006. Working with the case scenario below, familiarize yourself with the facts of each party. Analyze, interpret, and apply the facts to the legislation to respond to the below questions. You must cite the specific authority you are relying on to support your answer.
Tenant
Answer the following questions:
- What are the tenant's options under the legislation? Identify all options. Cite the authority.
- What are the procedural steps you must take to exercise the options you listed above? Cite the authority and the appropriate forms, names, and numbers.
- What defences might be available to the landlord? Cite the authority, if any.
- Are there any hidden issues for the tenant to be mindful of?
- Are there any limitation issues for the tenant to be mindful of? Identify all options. Cite the authority.
Landlord
Answer the following questions:
- What are the landlord's options under the legislation? Identify all options. Cite the authority.
- What are the procedural steps you must take to exercise the options you listed above? Cite the authority and the appropriate forms, names, and numbers.
- What defences might be available to the tenant? Cite the authority, if any.
- Are there any hidden issues for the tenant to be mindful of?
- Are there any limitation issues for the tenant to be mindful of? Identify all options. Cite the authority.
CASE SCENARIO
The tenant, Chad Stick, and the landlord, Giovanni Ritorno, entered into a residential lease on the terms contained in the attached lease. Today is [use due date of the assignment].
The landlord and tenant have had a great relationship since the tenancy began. Recently, however, there have been some problems. The tenant has not paid rent for the last eight months. Mr. Stick says that he refuses to pay rent because he wants to get the attention of the landlord, who he says has been ignoring him for months. Mr. Stick says there have been a lot of problems with the place for the last 12 months. Some of the problems he says need fixing is a leaky faucet in the bathroom, a broken window crank in one of the three bedrooms, the glass stovetop is cracked, and the refrigerator is not working at all. The tenant says some of the repairs have recently been done, but not all. According to the tenant, the stovetop and the refrigerator still need repairing. The tenant says that because of the maintenance issues he has not been able to supply himself with food and meals in the unit. The landlord says that all repairs have been done. The landlord says the stovetop was broken by the tenant and that he has repaired the refrigerator four times. The landlord is angry that the tenant has not paid any rent for the last eight months and wants to evict the tenant immediately.
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