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what rights does a renter have without a rental agreement

what rights does a renter have without a rental agreement
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Answered in 2 minutes by:
7/4/2013
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,610
Experience: Lawyer
Verified
Thank you for your question.

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

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

Are you living there too?

If so are you sharing a bathroom and kitchen with her?
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Customer reply replied 4 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 reply replied 4 years ago


no i do not stay there that house is for sale

Do you know what the vacancy rate is in your area?
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Customer reply replied 4 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
Agreement

Vacancy
Rate

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.
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Customer reply replied 4 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.
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 102,610
Experience: Lawyer
Verified
Debra and 87 other Canada Law Specialists are ready to help you
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Customer reply replied 4 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.
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Please take the time to participate in the customer satisfaction survey as that will go into my record with the site.You will be sent an email with the survey in a couple of days.

And feel free to keep my name in case you need me again down the road. You can always put my name into the subject line the next time you post so that your question will stand out for me and I will answer it just as soon as I can.

Thanks and take good care!
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Debra
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