Legal Response Letter (Case Study Sample)
I represent the Landlord in a dispute with this case study. It needs to be written in a format that is letter style. The building is situated in Toronto in the Downtown Core. The building itself is over 100 years old, and it has limited underground parking facilities, which are rented out to tenants of the building at a premium. The remaining tenants have bicycles as this is the common method of transportation in the downtown core.
Many years ago as a gesture of goodwill on the Landlords part they installed a bicycle rack adjacent to the property as the property was being overtaken with bicycles. The rack holds 48 spots and now the Landlord has had complaints from people parking in the underground that the bikes are interfering with them gaining access to their paid spots. It is quite a tight parking garage and every inch is needed to maneuverer your car into a spot. The bikes have now taken over the underground garage as well as the front area of the property.
The landlord wishes to respond to the tenants explaining his obligation under the Landlord Tenant Act Ontario, and the Occupiers Liability Act Ontario
The landlord position is that the bike rack was a gesture of goodwill and does not reference it in the leases.
The landlord is also concerned with the interference of reasonable enjoyment i.e. the parking garage
The landlord is concerned with the liability issue that they may face if someone trips over a bike, as they are placed in non designated spots.
The letter should be addressed to the tenants and this letter must include the fact that the Landlord Tenant Act Ontario Canada and The Occupiers Liability Act allows the Landlord to take action and if they so wish to remove the bikes that are not in the bike rack.
This must be backed up with the law and how it pertains to this issue.
Legal Response Letter
LEGAL RESPONSE LETTER Name [Insert]
RE: Reponses letter to interference caused by bicycles in the parking lot
In response your concerns, I seek to address them fully in accordance with Landlord Tenant Act Ontario Canada and The Occupiers Liability Act Ontario, specifically touching on my responsibilities and obligations as a landlord. There is a mutual duty to ensure that neither the tenant nor the landlord obstructs, interferes and harasses the other. The mere act of providing a bicycle rack was done as a gesture of goodwill, but this has brought inconveniences to those with cars and in need to occupy the parking slots. As far as I know one cannot say with certainty that the initial intention to allow bicycles would go on to occupy a bigger space to the detriment of those paying for the underground garage.
There is no express covenant in the leases on the right to reasonable enjoyment free from interference resulting from obstruction by bicycles. However, there is an implied covenant that I as the landlord will not interfere with the right to possession during the term of the limit. This is covered under the Landlord Tenant Act Ontario Canada (Is that legal.ca, 2011). Nonetheless, the right to reasonable enjoyment is covered to the extent that the interference results from the action of the landlord. In this case, it is the actions of other parties (third parties), who have caused interference. There is a need to identify the usual purpose in this case
The duties of the landlord mainly highlight on the duty of care and responsibilities for repairs and maintenance under the (Occupiers). There is no b...
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