Talk:Defining a Tenant
From Riverview Legal Group
The following are a list of legal question(s) that are open for analysis
Tenant Without Posession
- Is it possible for a person to be considered a tenant under the RTA if that person has never occupied the rental unit?
Decision under Review
Facts Not in Dispute
- ZW never lived at or occupied the rental unit
- ZW rented the rental unit for her relatives; after they moved, another tenant (VN), who is her friend, moved into the rental unit.
- ZW recalls the N9 notice to terminate the tenancy that forms the basis of the Landlord’s L3 application as it had her name and signature on it; she testified that after she received the N12 notice of termination from the new Landlord, she gave the N9 with a letter explaining that she was not a Tenant of the rental unit, in response.
- ZW confirmed she filed this motion to explain to the Board her status and obtain a determination that she was not a Tenant.
- ZW confirmed that she signed the lease agreement for Olga and her family members; she confirmed that she never lived there; she confirmed she paid $1,400.00 in rent and utilities had been set up by VN. She could not recall whether VN lived at the unit in November 2015; she confirmed she did not let anyone else move into the rental unit; she confirmed that she signed the N9 and gave it to the new Landlord.
