Do I have to pay occupational rent?

In this case, occupational rent has to be paid whether or not the buyer chooses to physically move into the property. This means that when buying in sectional title developments, you could potentially be left paying twice – for the property you occupy, and the newly built property.

What is occupation rent in Alberta?

The amount of occupation rent is often the rental value of the property divided by the number of co-owners. The common law in this area has now been partly codified by section 17 of the Alberta Law of Property Act. Normally, occupation rent is a discretionary remedy granted by the Courts in limited circumstances.

What is a preservation order Alberta?

Preservation Orders A preservation order is exactly what it sounds like, an order preserving property until an action is determined. Preservation orders are provided for in The Enforcement of Money Judgments Act (the “EMJA”) as well as in The Queen’s Bench Rules (the “Rules of Court”).

How are cohabiting couples entitled to occupation rent?

Occupation Rent. Cohabiting couples are each entitled to possession of their co-owned property, provided that the purpose of the trust is to make the property available for occupation and that it is available and suitable for occupation: s.12 TOLATA.

When does an occupant have to pay occupational rent?

Occupational rent is an amount payable by the occupant of a property to the owner, before transfer of the property has taken place.

How does occupational rent work in real estate?

Occupational rent is an amount payable by the occupant of a property to the owner, before transfer of the property has taken place. This makes occupational rent similar to a tenant paying rent.

How is occupation rent determined in family law?

Often occupation rent awards are based on half of the fair market rental value of the house. But sometimes awards are made without any specific evidence of rental value. In my Collaborative family law practice, this issue is generally resolved consensually using interest-based negotiation principles.

Can a sibling get paid half the rent?

Your brother is entitled to be paid one-half of the fair market rent, but he is also responsible for one-half of the expenses. It sounds like one of you needs to get bought out because you are not going to be able to manage this situation cooperatively.

Can a cohabiting couple charge a notional rent?

Cohabiting couples are each entitled to possession of their co-owned property providing that the purpose of the joint property was to provide a home for them both. If this right is restricted in any way then the occupying party may become liable to pay a notional rent for his or her occupation of the other’s share in the property.

Can a joint owner of a property pay rent?

You are both equally entitled to the use and enjoyment of the property, meaning that you may not exclude him from any part of the common property… Without researching, my recollection is that a joint owner can use the property without paying rent. Both would be liable for expenses.

When is a party entitled to occupation rent?

The right to Occupation Rent arises when one party is actually or constructively excluded from his or her property. The party excluded may seek Occupation Rent from the party still in residence. A relationship breakdown will often be regarded as a constructive exclusion.