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C.C.S.M. c. L70
The Landlord and Tenant Act
| 1(1) | Definitions |
| (2) | Registered common-law relationship |
| 2(1) | Method for service or giving notice, etc. |
| (2) | Substitutional service |
| PART I | |
| LEASES AND TENANCIES COVENANTS RUNNING WITH REVERSION | |
| 3 | Remedies accrue to assignees of reversion |
| 4 | Lessee's covenants to run with reversion |
| 5 | Right of forfeiture before disposition |
| 6 | Remedies apply against assigns of grantor |
| 7 | Lessor's covenants to run with reversion |
| APPORTIONMENT OF CONDITION OF RE-ENTRY | |
| 8(1) | Apportionment on severance |
| (2) | Application of sections 5, 7 and 8 |
| SUB-LESSEE AND TITLE TO REVERSION | |
| 9(1) | Sub-lessee cannot call for title |
| (2) | Saving intention |
| (3) | Application |
| DEFECTS IN LEASES MADE UNDER POWERS OF LEASING | |
| 10 | Effect of lease where deviation from terms of power |
| 11 | What amounts to confirmation |
| 12 | Duty of lessee to accept confirmation |
| 13 | Lease valid if grantor owner till valid lease can be granted |
| 14 | What amounts to exercise of power |
| 15 | Saving rights of lessees under covenants and lessor's right of re-entry |
| MERGER OF REVERSIONS | |
| 16 | Effect of surrender or merger |
| RIGHT OF RE-ENTRY | |
| 17(1) | Right of re-entry for non-payment of rent |
| (2) | Right of re-entry where bawdy house kept |
| FORFEITURE OF LEASES | |
| 18(1) | Definitions |
| (2) | Restrictions on and relief against forfeiture |
| 19(1) | Relief against forfeiture |
| (2) | Where right of entry is under statute |
| (3) | Lease until breach |
| (4) | Proceedings stayed on payment of rent |
| (5) | Lessee's position continues |
| (6) | Application of section |
| (7) | Exceptions |
| (8) | Failure to insure |
| LEASES, UNDER-LEASES, AND FORFEITURE | |
| 20 | Protection of under-leases on forfeiture |
| 21 | Parties to action for forfeiture |
| 22(1) | Licence to assign not to be withheld unreasonably |
| (2) | Application to court where licence withheld |
| LICENCES | |
| 23 | Restriction of effect of licence under power |
| 24 | Restricted operation of partial licences |
| WAIVER OF COVENANT | |
| 25 | Restriction of effect of waiver |
| COVENANT TO PAY TAXES | |
| 26 | Taxes not include local improvements |
| NOTICES TO QUIT | |
| 27 | Notice to quit |
| TENANT TO NOTIFY LANDLORD | |
| 28 | Penalty for not notifying landlord |
| DISTRESS FOR RENT | |
| 29(1) | Distress for three month's arrears |
| (2) | Distress reasonable |
| (3) | Distress for rents seck |
| 30 | Distress on determination |
| 31 | Distress in case of death |
| 32 | Personal representative may distrain |
| PROPERTY LIABLE TO DISTRESS | |
| 33 | Right to distrain grain, etc. |
| 34(1) | Right to distrain cattle, etc. |
| (2) | Right to distrain standing crops |
| (3) | Notice to tenant |
| (4) | Satisfying such distress |
| (5) | Sale of crops |
| (6) | Liability of purchaser for occupation |
| 35 | Chattels off premises not to be distrained |
| 36(1) | Exemptions from seizure |
| (2) | Selections of exemptions |
| (3) | Exemptions cannot be waived in leases, etc. |
| 37 | Right to distrain limited to goods of tenant |
| 38(1) | Mortgagee or vendor not to distrain goods of tenant exempt from execution |
| (2) | Mortgagee or vendor may serve notice and recover rent or rental value |
| (3) | Consent of prior mortgagees |
| (4) | Determination and settlement of disputes as to rental value |
| (5) | Mortgagee accountable for receipts |
| (6) | Application of section |
| TENANT'S RIGHT OF SET-OFF | |
| 39(1) | Right of set-off |
| (2) | Effect of notice |
| (3) | Service of notice |
| (4) | Defects not to invalidate |
| FRAUDULENT REMOVAL | |
| 40(1) | Landlords may distrain goods carried off for 30 days |
| (2) | Exemptions |
| 41 | Right of landlord to break open buildings, etc. |
| 42 | Penalty for fraudulent removal |
| IMPOUNDING DISTRESS | |
| 43(1) | Beasts distrained |
| (2) | Separate impoundment |
| (3) | Penalty |
| (4) | Where goods to be impounded |
| POUND BREACH, OR RESCUE | |
| 44 | Damages for pound breach |
| SALE OF GOODS DISTRAINED | |
| 45 | Sale of distress when made |
| RIGHT OF LANDLORD ON TENANT'S BANKRUPTCY | |
| 46(1) | Lien of landlord in bankruptcy |
| (2) | Rights of assignee |
| 47(1) | Election of assignee to surrender |
| (2) | Right of sub-tenants |
| (3) | Rental from under-lessee |
| (4) | Settlement of dispute |
| DISTRAINABLE GOODS TAKEN IN EXECUTION | |
| 48(1) | Goods taken in execution subject to rent |
| (2) | When execution can proceed |
| (3) | Payment to execution creditor |
| 49 | Crops seized while on land liable for rent |
| WRONGFUL OR IRREGULAR DISTRESS | |
| 50 | Irregularities not to void distress |
| 51(1) | Damages for wrongful distress |
| (2) | Where no rent due |
| LIABILITY OF TENANTS OVERHOLDING | |
| 52 | Penalty double value for overholding |
| 53 | Double rent where notice to quit |
| ATTORNMENT | |
| 54(1) | Agreement to attorn in mortgage valid |
| (2) | Effect of |
| (3) | Application |
| 55(1) | Nullity of attornment to stranger |
| (2) | Mortgages excepted |
| 56(1) | Attornment not necessary |
| (2) | Tenant not to be prejudiced |
| RENEWALS OR LEASES | |
| 57(1) | Chief leases renewed without surrender of under-leases |
| (2) | Rights of parties thereunder |
| RENEWAL OF LEASE BY ABSENTEES | |
| 58(1) | Renewal on order of court in case of absentees |
| (2) | Validity of |
| (3) | Direction to bring action |
| (4) | Conditions of |
| (5) | Payments for to be disposed of by court |
| (6) | Costs |
| PART II | |
| DISPUTES AS TO RIGHT TO DISTRAIN | |
| 59 | Definition of "judge" |
| 60(1) | Disputes as to distress |
| (2) | Application to judge |
| 61 | Order pending determination |
| 62 | Jurisdiction of judge |
| 63 | Judgment final |
| 64 | Appeal from summary trial |
| 65 | Appeal from trial |
| 66 | Other remedies preserved |
| PART III | |
| PROCEEDINGS AGAINST OVERHOLDING TENANTS | |
| 67(1) | Application to judge for writ of possession |
| (2) | Material required |
| (3) | Inquiry and determination |
| (4) | Notice of proceedings |
| 68 | Queen's Bench rules apply |
| 69 | Intituling proceedings |
| 70(1) | Procedure on default |
| (2) | On appearance |
| (3) | Proceedings court records |
| 71 | Power to amend |
| 72(1) | Appeal from order |
| (2) | Discharging order for possession |
| (3) | Possession restored |
| SUMMARY PROCEEDINGS FOR NON-PAYMENT OF RENT | |
| 73(1) | Application for possession on failure to pay rent |
| (2) | Application of subsecs. 67(2), (3) and (4) to application |
| (3) | Hearings |
| (4) | Enforcing order for possession |
| (5) | Payment of rent a stay |
| (6) | Procedure in case of vacancy |
| 74 | Costs |
| 75(1) | Order by court for money payments |
| (2) | Order is a judgment of court |
| 76 | Distraint of farm property abolished |
| 77 | |
| PART IV | |
| 78 to 124 |