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.
- ZW did not have the keys to the unit, she did not access the unit nor did she ever have possession of the rental unit. She also confirmed that she has never been to the rental unit, never received mail at the rental unit and has no insurance on the property.
- VN, testified that he moved into the rental unit at some point in 2015/2016.
- VN testified that ZW told him that she had a place and gave him the Landlord’s contact number;
- VN called the Landlord and got their permission to move into the rental unit. At that point, ZW’s relatives lived there and moved out in 2016.
- VN testified that since he moved into the rental unit, he contributed to the expenses in the house and had the gas bill in his name.
- VN confirmed that he never signed a lease agreement with the former Landlord but that he was asked by her to check her mail and take care of the bills.
- ZW on November 1, 2015- a copy of the signed lease was submitted into evidence. She testified that she received rent by e-transfer from ZW for three years, until April 2018.
