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 |