Operator not to interfere in letting
232 Operator not to interfere in letting
The operator of a retirement village commits an offence if the operator interferes with a resident’s attempt to let the resident’s residential premises in the village.
Maximum penalty: 50 penalty units.
An offence against subsection (1) is a strict liability offence.
Subsection (1) does not apply if the operator refused to consent to a second or subsequent tenancy agreement under section 229 (5).
The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
Without limiting subsection (1), the operator interferes with a resident’s attempt to let residential premises if the operator interferes with a “For Lease” sign relating to the premises.
Subsection (4) does not apply if the sign has been erected contrary to the village rules or in a way that interferes with the peace, comfort and quiet enjoyment of another resident of the retirement village.
The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
In this section:
village rules, of a village, includes by-laws if the village is part of a community title plan or unit titles plan.
This Act’s bill:Explanatory statementSecond reading speech
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