Does the fact that a landlord has reserved the right to enter the premises to effect repairs, or to keep the premises in a state of repair, have any liability towards the tenant?
Alberta, Canada
The following excerpt is from Sayers v. Lazaruk, 1998 ABPC 47 (CanLII):
Neither does the fact that the landlord has reserved the right to enter the premises to effect repairs impose any liability vis a vis the tenant to do so on an ongoing basis, or to keep the premises in a state of repair. (see: Wilchick v. Marks and Silverstone, [1934] 2 KB 56). In this case I can find no contractual obligation on the part of the landlord to repair or keep the premises in repair. Quiet Enjoyment
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What are the obligations of the sending state towards the detained person under the Vienna Convention on Human Rights? (Alberta, Canada)
In what circumstances will a landlord have to reserve rent for the use of furnishings for the purpose of renting out the furnishings to a tenant? (Alberta, Canada)
What is the effect of statute transferring the "privity of contract" from the original landlord to the new landlord? (Alberta, Canada)
Can a tenant who removed goods from a leased premises to avoid distress and replevin from a landlord be found to be fraudulent? (Alberta, Canada)
What is the difference between the categories of strict liability and reasonable care in a strict liability offence? (Alberta, Canada)
How have decisions by the Chief Commissioner of Human Rights and Human Rights have been treated in the context of discrimination cases? (Alberta, Canada)
Does a state action which interferes with the parent-child relationship restrict a parent's right to security of the person? (Alberta, Canada)
How to balance the Charter-protected rights of mobility rights and freedom of association with those of the public good? (Alberta, Canada)
What is the effect of wearing masks when entering a home? (Alberta, Canada)
How have courts apportioned the 80-20 split between liability and apportionment of liability in a motor vehicle accident? (Alberta, Canada)
