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Landlord and Tenant Notes Chapter 4.pdf

Landlord and Tenant Notes Chapter 4.pdf - Chapter 4 The...

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Chapter 4: The Tenancy Agreement Purpose of the Tenancy Agreement •The main purpose of the tenancy agreement is: •to establish and define the relationship between the landlord and the tenant •The real nature of an occupancy agreement is essential in determining whether the RTA applies to a particular relationship Most of the Rental Fairness Act (RFA) came into force on May 30, 2017. The RFA added a new section, s. 12.1, to the RTA, which will require residential landlords and tenants to use a mandatory standard lease after a date which is still to be determined (i.e. prescribed.) In general, the new lease will not apply to existing tenancies on the date prescribed, even if that tenancy is renewed after that date (ss.12.1(3)). Section 12.1 sets out rules which apply if a tenancy is made after the prescribed date, and is not made using the mandatory form. Basic Elements of a Tenancy Agreement •The basic elements addressed in a tenancy agreemen t are the following: •the premises being rented •For example, a house or an apartment •the use of the premises •the amount of rent to be paid •the start date of the tenancy
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