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Difference between revisions of "Tenancy Agreements (19:II)"
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Tenancy Agreements (19:II) (view source)
Revision as of 21:13, 15 November 2022
, 21:13, 15 November 2022→1. Two Methods of Creating a Tenancy Relationship
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=== 1. Two Methods of Creating a Tenancy Relationship === | === 1. Two Methods of Creating a Tenancy Relationship === | ||
:'''a) By Formal Contract''' | :'''a) By Formal Contract''' | ||
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: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 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, even when: | :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 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, even when: | ||
:a) there is no written tenancy agreement; | ::a) there is no written tenancy agreement; | ||
:b) a previously existing agreement has expired or terminated; or | ::b) a previously existing agreement has expired or terminated; or | ||
:c) there was no previous agreement of any kind. | ::c) there was no previous agreement of any kind. | ||
If the person in possession pays rent or a deposit and the landlord accept the payment with the intention of creating a tenancy, an agreement is created–it can be deemed to have come into effect even before a tenant assumes occupancy. | If the person in possession pays rent or a deposit and the landlord accept the payment with the intention of creating a tenancy, an agreement is created–it can be deemed to have come into effect even before a tenant assumes occupancy. | ||