(ii) exercises any of the rights of
a landlord under a tenancy agreement or this Act in relation to the rental unit;
Not exact matches
Compounding the risk for
landlords under s. 57 is that if, within one year after the tenant vacates the rental unit, the designated person fails to occupy the rental unit within a reasonable period of time and the
landlord lists the rental unit for rent; or enters into a
tenancy agreement with another person; or advertises the rental unit or the building that contains the rental unit for sale; or demolishes the rental unit or the building containing the rental unit; or «takes any step to convert the rental unit or the building containing the rental unit» to a use other than residential premises; then, the
landlord is «presumed, unless the contrary is proven on a balance of probabilities,» to have acted in bad faith in giving the notice and is therefore liable to the penalties provided for in s. 57 (3).
One avenue is for
landlords to bring applications
under section 76 of the Residential
Tenancies Act to end a
tenancy agreement.
Section 1 (1)(t)(i) defines «tenant» as meaning «a person who is permitted by the
landlord to occupy residential premises
under a residential
tenancy agreement.»
Destruction of Premises If the residential premises are destroyed, or are so severely damaged that they can not be fixed or the tenant can not live there, then all further rights and obligations of the
landlord and tenant
under the
tenancy agreement are cancelled.
Abiding by the
Agreement If a tenant does not live up to the obligations that he or she has agreed to under the tenancy agreement, then the landlord will be able to take lega
Agreement If a tenant does not live up to the obligations that he or she has agreed to
under the
tenancy agreement, then the landlord will be able to take lega
agreement, then the
landlord will be able to take legal action.
(ii) a person who is permitted to occupy residential premises
under an assignment or sublease of a residential
tenancy agreement to which the
landlord has consented
under section 22, and
The key part of the definition is clause (i), defining a «tenant» as a «person who is permitted by the
landlord to occupy residential premises
under a residential
tenancy agreement.»
The lawful rent for the first rental period for a new tenant
under a new
tenancy agreement is the rent first agreed upon when signing a lease
agreement between the
landlord and tenant.
(12) Subsection (11) does not apply if the tenant has previously made a motion
under that subsection during the period of the tenant's
tenancy agreement with the
landlord.
(c) if the tenant has previously made a motion
under subsection (11) during the period of the tenant's
tenancy agreement with the
landlord, inform the tenant and the
landlord that the tenant is not entitled to make another motion
under that subsection during the period of the
agreement.
How this is phrased in the act's section about lawful rent for new tenant is «The lawful rent for the first rental period for a new tenant
under a new
tenancy agreement is the rent first charged to the tenant», that is whatever the
landlord can get away with charging you.