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Legal Ease
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Category: Canada Law
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what rights does a renter have without a rental agreement

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what rights does a renter have without a rental agreement
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

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Are you living there too?

If so are you sharing a bathroom and kitchen with her?
Customer: replied 3 years ago.

no i do not live there i oved into a new house and decided to sell my other house but from advice from my realetor to find a caretaker for the home to maintain it until it sold but there is no rental agreement just she could live there until the house was sold now i have a buyer and they want possesion in a month so i issued a months notice now i got a call from the renters board saying i have to give her 3 months

Customer: replied 3 years ago.

no i do not stay there that house is for sale

Do you know what the vacancy rate is in your area?
Customer: replied 3 years ago.

Theevacancy rate is very low me and my gfriend own 2 homes side by side we decided to buy a bigger home and sell the two smaller ones the market wasnt very good and our realtor said find a caretaker for the time being and we did for both one has been great kept house up and is gotten some offers the other is now run down and on advice from our realtor he said we now need to fix it up and leave it empty if we want to get the price we want because the caretaker has mad the house un sell able

Here is the notice requirements:

Type of Tenancy


Period of
Notice Required

The tenancy agreement does not specify a date for it to end

3% or higher

1 month’s notice

The tenancy agreement does not specify a date for it to end

Less than 3%

3 months’ notice

So I think that is why you are being told it's 3 month's notice.

And if so unfortunately there is no way around this aside from paying the tenant off. Perhaps if you agree to pay the moving expenses she will move out earlier?

I am sorry this is not the answer you were hoping for.
Customer: replied 3 years ago.

so even if there was no actual rental agreement

There is a rental agreement. It's just not in writing so she is on a month-to-month tenancy.
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Customer: replied 3 years ago.

but her agreeing to a month to month until we sell is that not the agreement as well and that was said two both caretakers and agreed upon

I know but she is considered to be a month to month tenant because there was no fixed term.

So she is entitled to notice.

This is why you are being told this by the Board.

Thanks very much for the rating.

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Thanks and take good care!

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