C.C.S.M. c. L70
The Landlord and Tenant Act
Table of Contents
1 | Definitions | |
(2) | Registered common-law relationship | |
2 | Method for service or giving notice, etc. | |
(2) | Substitutional service | |
PART I | ||
LEASES AND TENANCIES COVENANTS RUNNING WITH REVERSION |
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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 |
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8 | Apportionment on severance | |
(2) | Application of sections 5, 7 and 8 | |
SUB-LESSEE AND TITLE TO REVERSION | ||
9 | Sub-lessee cannot call for title | |
(2) | Saving intention | |
(3) | Application | |
DEFECTS IN LEASES MADE UNDER POWERS OF LEASING |
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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 | Right of re-entry for non-payment of rent | |
(2) | Right of re-entry where bawdy house kept | |
FORFEITURE OF LEASES | ||
18 | Definitions | |
(2) | Restrictions on and relief against forfeiture | |
19 | 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 |
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20 | Protection of under-leases on forfeiture | |
21 | Parties to action for forfeiture | |
22 | 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 | 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 | 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 | 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 | 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 | Right of set-off | |
(2) | Effect of notice | |
(3) | Service of notice | |
(4) | Defects not to invalidate | |
FRAUDULENT REMOVAL | ||
40 | 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 | 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 |
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46 | Lien of landlord in bankruptcy | |
(2) | Rights of assignee | |
47 | Election of assignee to surrender | |
(2) | Right of sub-tenants | |
(3) | Rental from under-lessee | |
(4) | Settlement of dispute | |
DISTRAINABLE GOODS TAKEN IN EXECUTION |
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48 | 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 | 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 | Agreement to attorn in mortgage valid | |
(2) | Effect of | |
(3) | Application | |
55 | Nullity of attornment to stranger | |
(2) | Mortgages excepted | |
56 | Attornment not necessary | |
(2) | Tenant not to be prejudiced | |
RENEWALS OR LEASES | ||
57 | Chief leases renewed without surrender of under-leases | |
(2) | Rights of parties thereunder | |
RENEWAL OF LEASE BY ABSENTEES | ||
58 | 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 | 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 |
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67 | Application to judge for writ of possession | |
(2) | Material required | |
(3) | Inquiry and determination | |
(4) | Notice of proceedings | |
68 | King's Bench rules apply | |
69 | Intituling proceedings | |
70 | Procedure on default | |
(2) | On appearance | |
(3) | Proceedings court records | |
71 | Power to amend | |
72 | Appeal from order | |
(2) | Discharging order for possession | |
(3) | Possession restored | |
SUMMARY PROCEEDINGS FOR NON-PAYMENT OF RENT |
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73 | Application for possession on failure to pay rent | |
(2) | Application of subsections 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 | Order by court for money payments | |
(2) | Order is a judgment of court | |
76 | Distraint of farm property abolished | |
PART IV | ||
SCHEDULE |