Re: Lease question

Posted by Just a Tenant on 2/4/2012, 5:01:17, in reply to "Re: Lease question"

If the landlord has been addressing legal paperwork (i.e. Notices of Rent Increase, Eviction Notices, Letters) to both you and your roommate for more than one year, AND you have never provided any written objection to the landlord explaining otherwise, due to a 12 month deeming rule in the Act, your roommate will likely be considered a legal tenant of the unit. The only way that I can see that this may be considered not the case at the LTB, would be if you have written tenancy agreement with your roommate signed and dated around the time they moved into the unit. In any roommate situation, the primary tenant should have a written tenancy agreement with their sub-tenant. That way if the sub-tenant creates a problem the primary tenant can assume the position of landlord and get them out, if they don't have a written agreement, the prime tenant has few rights to the unit over their sub-tenant and the prime tenant can be evicted from the unit for the problems created by the roommate. --Previous Message-- : Hi SP, : : It would seem that the landlord has accepted : both of you as legal tenants if the landlord : is addressing letters and leases with both : your name and your roommate's name on them. : The previous answer from : "landlord" is correct in that you : never have to sign a new lease after your : original lease, your original lease : automatically renews with all of the same : rights and responsibilities, and you and : your roommate are considered month to month : tenants. If you both wanted to leave the : unit, you would only be required to give : your landlord 60 days written notice. : : Taking on a roommate does not invalidate : your lease, if the landlord adds their name : as a legal tenant to your lease, accepting : them as a tenant, that means that you are : both legally responsible for the unit (i.e. : paying the rent, repairing damage, etc). : The difference would be if the landlord did : not recognize your roommate as a legal : tenant, leaving you as the head tenant and : making your roommate a guest. If that was : the situation, then you alone would be : legally responsible for the unit, and if : your roommate, for example, neglected to pay : rent, you would be responsible to pay the : whole rent to the landlord and you, in turn, : would have to take your roommate to small : claims court to get their rent money from : them. : : It seems that in your situation you are both : recognized tenants who legally responsible : for the unit. If you would like to discuss : this matter further or need further : clarification, you are more than welcome to : call our Tenant Hotline at (416) 921-9494 at : your convenience. : : Best of luck! : : --Previous Message-- : I'm not sure that anyone can answer this for : you. : : Back in 1997 I had a 2-bdrm unit which was : shared by two individuals. I was told by : someone in the office of the Tribual (pre : Landlord-Tenant Board) that since only one : tenant paid me rent (the primary tenant : collected from the secondary tenant) then : only the primary tenant was a legal : "tenant" and his roommate was a : "guest of the tenant". : : Nonetheless, it is my understanding that the : LTB interprets things differently, and your : roommnate is likely a "tenant" by : virtue of living there. : : BTW, once you have satified the requirements : of the first lease the tenandy automatically : reverts to month-to-month, so neigther you : nor your roommate needs to sign anything. : : : : : : : --Previous Message-- : Hi there. I have an issue that I can't find : any help for and I thought maybe someone : here could help. : : It is regarding a lease legality. I moved to : an apt a few years ago and after about two : years I could no longer afford the second : bedroom so I took on my friend who is a : student. : : The student never signed a lease, however we : did notify the landlord and they took his : name and ID and eventually appeared on the : notices and letters and the lease but never : with his signature and he never signed : anything. The new lease with his name on it : was never signed because we were planning to : moving. : : What is the legality of this ? If a person : comes in later do they have to sign a lease : or was my signing of the lease automatic : acceptance for him two years later, or is it : possible the lease is invalid at least for : one party or both ? Basically I signed in : 2007, he joined around 2008-2009. If two : people share a unit do both of them have to : be on the lease and do both sign or : is one party signing away for both tenants : : Thanks : SP : : : : :

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Message Thread Lease question - Stephen 1/27/2012, 17:52:05 Re: Lease question - FJ 3/22/2012, 21:23:14 Re: Lease question - landlord 1/31/2012, 1:38:14 Re: Lease question - Vic Natola 2/1/2012, 14:55:53 Re: Lease question - Just a Tenant 2/4/2012, 5:01:17 « Back to index

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