Difference between revisions of "Tenancy Agreements (19:II)"

:'''a) By Formal Contract'''

:A tenancy interest is granted by a contract known as a tenancy agreement or lease. Often the parties will enter into an express agreement The executed tenancy agreement governing the tenant’s possession may be written, or oral, or both (see the s 1 definition of “tenancy agreement”). To be enforceable, the elements of a complete contract (offer, acceptance, and consideration) must be present (see Chapter 11: Consumer Protection).  

:'''b) By Implied Contract'''

:Every tenancy agreement entered into on or after January 1, 2004 must be prepared in writing by the landlord (''RTA'', s 13(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 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;

::b) a previously existing agreement has expired or terminated; or

::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.