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A property manager discovers that a tenant has installed a dishwasher without permission, causing minor damage to kitchen cabinetry. The lease prohibits alterations without consent. What is the most appropriate course of action under residential tenancy law?

Correct Answer

A) Issue a breach notice requiring the tenant to remedy the alteration and repair the damage.

The appropriate first step is to issue a breach notice giving the tenant opportunity to remedy the unauthorized alteration and repair any damage. Residential tenancy legislation typically requires landlords to follow proper notice procedures and give tenants a chance to rectify breaches before pursuing termination or other remedies.

Answer Options
A
Issue a breach notice requiring the tenant to remedy the alteration and repair the damage.
B
Serve a termination notice at once, because the lease expressly prohibits any unapproved alterations.
C
Deduct the repair cost from the next rent payment and notify the tenant afterwards.
D
Wait until the lease ends and then claim the repair cost from the bond.

Why This Is the Correct Answer

An unauthorised alteration with minor damage is a remediable breach. The proper first step is a breach notice identifying the breach and requiring the tenant to remove the alteration or obtain consent and repair the damage within the notice period.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

breach noticeunauthorized alterationsprocedural fairnessresidential tenancy lawremedy period
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