I am moving into a house that is rented by some of my friends. They say that I don�t have to sign a lease � just move in and share the rent. Will I have the right to stay there or could I be kicked out on short notice if I haven�t signed the lease?

It will depend upon whether the terms of the lease or tenancy agreement permit you to live in the house and thereby become a tenant even if you have not signed the lease. Minimum notice periods and other tenant rights are set out by the Residential Tenancies Act. In order for you to have the protection of those rights under the Act, you have to be classified as a tenant. A tenant includes anyone who is allowed by a landlord to live in residential premises under a residential tenancy agreement. This suggests that even if you do not sign the agreement as a tenant, but the tenancy agreement allows you to live there, you have the rights and obligations of a tenant as set out in the Act. It will be important for you to look at the terms of the lease or tenancy agreement that your friends signed to see if it allows for you to move in.

For example, the lease might require new tenants to serve notice on the landlord, state that only a certain number of tenants are permitted to live in the house, or state that someone staying in the house does not automatically become a tenant.

If the tenancy agreement does not allow you to live in the premises, you will not be considered to be a tenant. The landlord could serve a Notice to Vacate on you which requires you to leave within 14 days.

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March 2006 More Renting a Place to Live FAQs:

• General
• Tenants
• Landlords
• Other Resources

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