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Difference between revisions of "Tenancy Agreements (19:II)"
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Tenancy Agreements (19:II) (view source)
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Every tenancy agreement entered into on or after January 1, 2004 must be prepared in writing by the landlord (RTA, s 12(1)). | Every tenancy agreement entered into on or after January 1, 2004 must be prepared in writing by the landlord (RTA, s 12(1)). | ||
Notwithstanding this obligation to prepare the agreement in writing, where a tenant is already in possession of the unit, or where rent has been paid, the law may imply the existence of a valid tenancy agreement (see Section III.C.2: Terms, Covenants, and Conditions). This type of rental agreement is quite common because many tenancies are entered into on the basis of an application form, or verbal consensus, without the existence of any written contract. A “tenancy agreement” may be found to exist, notwithstanding the fact that: | Notwithstanding this obligation to prepare the agreement in writing, where a tenant is already in possession of the unit, or where rent has been paid, the law may imply the existence of a valid tenancy agreement (see [[{{PAGENAME}}#2. Terms, Covenants, and Conditions | Section III.C.2: Terms, Covenants, and Conditions]]). This type of rental agreement is quite common because many tenancies are entered into on the basis of an application form, or verbal consensus, without the existence of any written contract. A “tenancy agreement” may be found to exist, notwithstanding the fact that: | ||
# there is no written tenancy agreement; | # there is no written tenancy agreement; | ||
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==4. Agreements for Lease (Also Known as Agreements to Lease, or Agreements for Tenancy)== | ==4. Agreements for Lease (Also Known as Agreements to Lease, or Agreements for Tenancy)== | ||
Landlords may occasionally attempt to have potential tenants enter into “agreements to lease”, whereby they agree, by paying some amount now, to enter into a lease at a later date. In accordance with the provisions of the RTA, particularly section 15, application, holding, consideration, administration or other fees are not permitted. If a tenant gives a landlord a sum of money, after negotiating in relation to a rental unit, the most likely legal outcome is that the parties have created a tenancy, and the amount paid is either a security deposit and/or rent. | Landlords may occasionally attempt to have potential tenants enter into “agreements to lease”, whereby they agree, by paying some amount now, to enter into a lease at a later date. In accordance with the provisions of the RTA, particularly section 15, application, holding, consideration, administration or other fees are not permitted. If a tenant gives a landlord a sum of money, after negotiating in relation to a rental unit, the most likely legal outcome is that the parties have created a tenancy, and the amount paid is either a security deposit and/or rent. | ||
=C. Contractual Nature of the Tenancy Agreement= | =C. Contractual Nature of the Tenancy Agreement= | ||
