Sentences with phrase «residential tenancy agreement»

It is section 1 (1)(m)'s definition of residential tenancy agreement to include oral and implied agreements to rent, as well as the written leases that landlords and tenants often incorrectly assume to be decisive, that creates much of the uncertainty about who is a tenant.

Of course, some of the other tenants might enter into a new residential tenancy agreement with the landlord for the same residential premises, but the landlord does not have to agree, or keep the rent the same, etc.: section 47.3 (5).

Rent to buy or rent to own schemes usually include a standard residential tenancy agreement and an option to purchase the property.

Our team has a wealth of experience in advising landlords and tenants on residential tenancy agreements.

«Mandatory Residential Tenancy Agreement Arriving for Residential Tenancies in Condominiums»

Continue reading «Mandatory Residential Tenancy Agreement Arriving for Residential Tenancies in Condominiums»

Judge LeGrandeur went on to describe RGB's power to reassign Singh to a new room or a new condominium unit as simply a contractual term substituting a new residence for the initial one without the need to enter into a new residential tenancy agreement (at para 51).

As of April 30, 2018, every Ontario residential lease will be required to have the standard Residential Tenancy Agreement.

The term «life lease» refers to a residential tenancy agreement that combines some of the rights and responsibilities of home ownership with those of a landlord - tenant relationship.

This led Judge LeGrandeur (at para 23) to set out the relevant provisions of the RTA, namely subsection 2 (1) and its limiting the scope of the RTA to «tenancies of residential premises,» and the definitions of «residential premises», «residential tenancy agreement, and «tenant», all quoted above.

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» [emphasis added].

Judge LeGrandeur next considered the landlord's argument that the tenant must be deprived of the benefit of the residential tenancy agreement because of the wording of section 37 (1)(b).

This post may be cited as: Jonnette Watson Hamilton «Street v Mountford Applied to Decide: A Residential Tenancy Agreement or a Licence?»

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.»

By: Jonnette Watson Hamilton PDF Version: Street v Mountford Applied to Decide: A Residential Tenancy Agreement or a Licence?

By: Jonnette Watson Hamilton PDF Version: Residential Tenancy Agreements, Options to Purchase, In Terrorem Clauses, and Relief from Forfeiture Case Commented On: Dreamworks Ventures Ltd v Dye, 2017 ABPC 20 (CanLII) This residential tenancy case, arising in the context of a... Continue reading →

Although it is necessary that the premises be residential premises,... the fact that a person occupies the premises as a resident does not mean that they do so under a residential tenancy agreement that is governed by the Act.

(b) abatement of rent to the extent that the breach or contravention deprives the tenant of the benefit of the residential tenancy agreement;

After setting out section 37 (1)(b) RTA, which describes the abatement of rent remedy as available «to the extent that the breach or contravention deprives the tenant of the benefit of the residential tenancy agreement,» Judge LeGrandeur quoted (at para 40) from Richard A. Feldman, Residential Tenancies, 10th edition at 432:

Section 1 (1)(m) defines «residential tenancy agreement» as referring to «a written, oral or implied agreement to rent residential premises.»

The term «life lease» refers to a residential tenancy agreement, often designed with older adults in mind, that combines some rights and responsibilities of home ownership with those of a landlord - tenant relationship.

Being granted exclusive possession is not the same thing as becoming the sole tenant, whether by taking the place of the perpetrator on the residential tenancy agreement, if the perpetrator was the sole tenant, or, if the parties are co-tenants, by having the perpetrator's tenancy terminated.

The uncertainty is caused by a number of factors in the law: a residential tenancy agreement does not have to be in writing; a tenant does not have to be listed as a tenant on a written lease; a landlord's permission to occupy residential premises and thus become a tenant may be given orally, in writing, or by the landlord's conduct; and a person has to occupy the residential premises as a residence.

«residential tenancy agreement» means a written, oral or implied agreement to rent residential premises...

(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

«lease» means a consumer agreement for the lease of goods, other than a consumer agreement for the lease of goods in connection with a residential tenancy agreement, and «lessor» and «lessee» have a corresponding meaning; («bail», «bailleur», «preneur»)

Why would a victim take over the responsibilities of the perpetrator under a residential tenancy agreement?

On February 7, 2018, Ontario's Ministry of Housing released the new Residential Tenancy Agreement (Standard Form of Lease).

If the perpetrator who is excluded from the residential premises is still a tenant, is the perpetrator liable to pay the rent and perform other obligations under the residential tenancy agreement?

Annoyingly, section 72 of the Family Law Act and section 24 of the Matrimonial Property Act use different terminology than the RTA, talking about «leases» instead of «residential tenancy agreements» and referring to «oral or written leases» when the RTA includes «written, oral or implied agreements».

(i) a person who is permitted by the landlord to occupy residential premises under a residential tenancy agreement,

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 term «residential tenancy agreement» — the RTA's term for what most people call a «lease» — is defined in section 1 (1)(m):

(iv) a person who is entitled to possession of the residential premises, other than a tenant, and who attempts to enforce any of the rights of a landlord under a residential tenancy agreement or this Act.

CIBC argued that section 1 (1)(f)(i) should be read narrowly, so that «owner» only meant the person who originally entered into the residential tenancy agreement.

Download the Residential Tenancy Agreement here.