Introduction to Landlord and Tenant Law (19:I): Difference between revisions
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Introduction to Landlord and Tenant Law (19:I) (view source)
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=== 3. Net Lease Concept === | === 3. Net Lease Concept === | ||
Most commercial leases operate on the net lease concept. This means that fixed rent (dollars-per-square foot or dollars-per-month) is to be net to the landlord, with the tenant paying for all costs in operating the leased premises as additional rent. Thus, substantial payments can be made as “additional rent” to cover the | Most commercial leases operate on the net lease concept. This means that fixed rent (dollars-per-square foot or dollars-per-month) is to be net to the landlord, with the tenant paying for all costs in operating the leased premises as additional rent. Thus, substantial payments can be made as “additional rent” to cover the tenant’s portion of the landlord’s expenses. This concept is also known as “triple net”. | ||
=== 4. Taxes === | |||
Unless the lease provides otherwise, the landlord is liable for all realty taxes. If the lease calls for the tenant to pay the taxes, the landlord may sue the tenant if taxes are in arrears. | |||
=== 5. Seizure of Personal Property for Non-Payment of Rent === | |||
A commercial landlord may distrain (seize personal property for non-payment of rent), while a residential landlord may not (regardless of any rental arrears). The personal property being distrained must be located in the rented premises and the landlord must give notice before seizing the property. The tenant will suffer a penalty if he or she removes the goods to prevent distrainment. Distrainment keeps the tenancy alive. Usually the month after distrainment the tenant will be evicted if there remain rent arrears or if new rent arrears accrue. | |||
== D. Occupier’s Liability == | |||
'''NOTE:''' For specific details, see the ''Occupier’s Liability Act'', RSBC 1996, c 337 [OLA]. The OLA, s 6 speaks to sub-tenancies. | |||
=== 1. Landlord’s Liability for Injuries in Demised Premises === | |||
The landlord has no statutory or common law duty to maintain the demised premises unless provided for in the lease agreement. Contractual liability of the landlord is to the tenant alone, not to his or her family, guests, or customers. Moreover, as the landlord is not an occupier, he or she is not liable in tort. However, where the landlord is under a duty to maintain the premises, s 6 of the OLA puts the landlord in the same position as the occupier of the premises. Where the landlord fails to maintain the premises and an injury results, the landlord will be held liable. The landlord is considered an occupier with regards to common areas. His or her duties are set out in s 3 of the OLA. 2.Tenant’s Liability for Injuries in Demised Premises The tenant is considered an occupier, and inherits all duties that go along with that designation. A tenant should take reasonable care to inspect, notify the landlord, and give warning to an invitee of any unusual danger in the common areas. Where an occupier can foresee that a trespasser may enter the property, there is a duty to treat the trespasser with common humanity. |