Implied Tenancy

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-09-22
CLNP Page ID:	1908
Page Categories:	Contract Law, Leases, & Sub-Letting (LTB)
Citation:	Implied Tenancy, CLNP 1908, <6u>, retrieved on 2024-09-22
Editor:	MKent
Last Updated:	2022/04/18

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CET-59387-16 (Re), 2016 CanLII 88088 (ON LTB)

8. Section 2(1) of the Act defines tenant as “includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives…”.

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12. Section 202 requires that the Board ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit. In doing so, the Board may disregard the outward form of a transaction and may have regard to the pattern of activities relating to the residential complex or the rental unit.

13. There is evidence before the Board that may indicate the creation of an implied tenancy. Specifically, the Applicant pays rent in return for the right to occupy the unit, interacts with the Landlord and has continuously lived in the rental unit for one year.