The following are common types of residential tenancy arrangements;

  1. Fixed-term tenancy

Fixed-term tenancy has long been considered the ideal for both landlords and tenants. For landlords, an understanding that the rental unit will remain tenanted for a defined period is coveted. For tenants, a secure tenure can mean relief from stress in the ever-changing rental climate. However, the fixed-term tenancy can become constraining for both parties  when a dispute between the landlord and the tenant forms. A landlord is limited to terminating the tenancy before the end of term by the protections afforded to tenants by the Residential Tenancies Act- no termination of tenancy without an order of the Landlord Tenant Board. Where as a tenant is limited by  obligation to find a suitable candidate to take over the lease- or otherwise facing liability for the remainder of the term (the only exception being instance of domestic abuse).

  1. Periodic tenancy

This tenancy is typically short term and therefore, it has shorter notice periods when a notice to commence an application to the Board is served. Undefined terms of habitation are common in these types of tenancies, making it more difficult to gather evidence that is necessary for a successful eviction.

  1. Tenancy at sufferance

This is not a lawful tenancy, it takes place outside any tenancy agreement, but the tenant remains in possession of the rental unit. While there is no agreement to tenancy, the Board will recognize landlords’ right for compensation in the form of rent charges.

Depending on the type of tenancy, procedural steps can vary. Proper procedure plays an extremely important role when it comes to evicting a tenant. There are many steps a landlord is required to take in order to ensure success. For more information about tenancy agreements and other aspects of the landlord tenant law, talk to our courteous staff today!