Tenancy Agreements (19:IV): Difference between revisions
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→2. Where Something Other than a Tenancy is Created
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===2. Where Something Other than a Tenancy is Created=== | ===2. Where Something Other than a Tenancy is Created=== | ||
A person who enters into an agreement with a landlord to rent accommodation does not always create a tenancy. Depending on specific circumstances and context, such a person may not be a tenant, but instead may be or a mere occupant. | A person who enters into an agreement with a landlord to rent accommodation does not always create a tenancy. Depending on specific circumstances and context, such a person may not be a tenant, but instead may be a tenant at will, a tenant on sufferance, a licensee, or a mere occupant. | ||
An occupant or person in possession who is not a tenant has no agreement with the landlord concerning that possession or occupation. In the case of a licensee or occupant living in a home by permission of a main tenant (when the landlord/owner lives off-site), the main tenant is responsible for all obligations, including paying rent (and utilities if required). If the licensee or occupant is sharing a kitchen or bathroom with the landlord, the parties can seek remedies in Small Claims Court. | An occupant or person in possession who is not a tenant has no agreement with the landlord concerning that possession or occupation. In the case of a licensee or occupant living in a home by permission of a main tenant (when the landlord/owner lives off-site), the main tenant is responsible for all obligations, including paying rent (and utilities if required). If the licensee or occupant is sharing a kitchen or bathroom with the landlord, the parties can seek remedies in Small Claims Court. | ||
===3. Formal Requirements=== | ===3. Formal Requirements=== | ||
====a) Essential Elements of the Agreement==== | ====a) Essential Elements of the Agreement==== | ||