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I am going to rent an apartment from my cousin. She says that we don't need to put anything in writing as long as I know what the rent is and what the rules are in the building. Is this a good idea?

It is perfectly legal to have a rental agreement that is based upon an oral agreement. However, it is preferable to have a written agreement so that you and your cousin are clear about your obligations and can avoid future misunderstandings. If you need to, you can get a standard tenancy form from your nearest [Landlord and Tenancy Advisory Board]. In Calgary, the forms are also available from the [Calgary Apartment Association].

In one particular situation � when an oral agreement is for a fixed term exceeding three years (or for a lesser term, but the rent is so large that it exceeds two-thirds the value of the land) � the courts may not enforce it.

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November 2004 More Renting a Place to Live FAQs:

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