Occupiers' Liability

Before leaving this discussion of renting a home, there's one more topic you should think about- liability . In other words, you should consider what responsibilities you, as a tenant, will have in the eyes of the law for any harm suffered by others.

If you are renting a house and you do not clear off the sidewalk, you could get sued if someone slipped and broke a leg.

Both common law and statute law make you, as a tenant, liable for harm people might suffer as a result of your negligence in maintaining your home.

As a tenant, you're legally responsible for any damage that occurs to the premises you're renting. The landlord can withhold money from your security deposit to pay for such damage; and if the cost of repairs is greater than this amount, you can be taken to court for the balance owing.

But as a tenant, your liabilities don't end with damage to the property; you may also be considered responsible for any harm people might suffer because of your negligence while on the premises.

Whether you own a property or only rent it, if you're the person legally occupying the premises, you're liable in law for harm others might suffer through your negligence while on them (with the exception, in Alberta, of adult trespassers). If you're renting an apartment, you're responsible only for the part of the building you actually occupy; the landlord is liable for harm people suffer in areas like halls and stairways. If you're renting a house, you're responsible for the whole property.

This type of responsibility is known as occupier's liability , and it's something all renters and homeowners should be aware of. In Alberta, the Occupiers' Liability Act governs this area of law.

Conclusion

Now, that you know many of the legal basics of renting property, it's time to look at another aspect of property law-home ownership. It's this, that you'll be investigating in Section 2.

Please proceed to the graded, Introductory Quiz on the next page.