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

A tenancy interest is granted by a contract known as a tenancy agreement or lease. Often the parties will enter into an express agreement (see [[{{PAGENAME}}#C. Contractual Nature of the Tenancy Agreement | Section  III.C: Contractual Nature of the Tenancy 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 9: 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 12(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   (see Section   III.C.2:   Terms, Covenants, and Conditions). 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, notwithstanding the fact that: i)there is no written tenancy agreement; ii)a previously existing agreement has expired or terminated; or iii)there was no previous agreement of any kind. If the person in possession pays rent or a deposit and the landlord accepts the payment with the intention of creating a tenancy, an agreement is created. 2.Where Something Other than a Tenancy is Created