Property is a body of law in Canada that concerns the rights of landlords and tenants. This body of law encompasses a variety of different aspects including real property and personal property. Property law in Canada is governed by provincial legislation which has inherited its structure from the English common law. However, this body of law has incorporated significant changes which has made it a difficult aspect of law to understand. Below is a guide on landlord and tenant law as follows.
Property in legal terminology is a broad term as it encompasses real property in the form of land and buildings, personal and moveable property. Property law essentially refers to the rights inferred to individuals and obligations inferred on individuals which have been enacted via statue. These rights dictate the structure of property transactions and equally afford both tenants and landlords with rights that protect them from different aspects. These rights govern how property contracts are formed, the monetary compensation offered and disposition of the land in question.
Residential tenancies refer to a specialized field of property law; this practice recognizes the needs of tenants and landlords in order to afford every party equal fairness in transactions that involve rental property. This includes the initial rental lease, payment of rent, eviction for nonpayment of rent, eviction due to rental renovation, evictions at the end of a rental lease and many different situations. The rights allowed to tenants and landlords in relation to rental property have been highlighted in the Residential Tenancies Act.
Commercial tenancies on the other hand revolve around the needs of landlords and tenants in relation to commercial property. Commercial property in legal terms is considered to be tangible or real property which will be used for commercial or industrial purposes. This area of law is versatile in nature and the rights afforded to each party are enacted in the Commercial Tenancies Act.
Many individuals still have trouble invoking their rights in the court of law. Every case is unique in its own nature, which is exactly why courts take a variety of aspects into consideration when determining the outcome of a case. Some of the aspects which the courts will take into consideration includes the factual matrix of the case, relevant precedents and provisions that have been enacted in statutes.
However, the only way an individual can effectively enforce their rights is by contacting a paralegal or lawyer who specializes in different property law fields. A professional has all the skills and tools in their arsenal to effectively enforce an individual’s rights in courts. If you are currently in the middle of a landlord tenant dispute, call CARR LAW at 905-553-2572 to get in touch with a legal professional today!