R-t-sh-03/fr
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I am moving into a house with some friends who have been living there for some time. The lease allows me to live there, so I will become a legitimate tenant without signing the lease. The lease states that tenants are responsible for upkeep in the yard. Since I haven�t signed the lease, does this apply to me too?
There are arguments that go both ways in this situation. You fall within the definition of tenant for the purposes of rights and obligations set out in the Residential Tenancies Act; however, you have not signed the contract (lease) between the landlord and the tenants. Because of that, it could be said that you are not a party to that agreement and are therefore not bound by extra obligations that go beyond the terms of the Residential Tenancies Act.
On the other hand, it could be argued that your ongoing relationship with the landlord suggests that you really are a party to the agreement and therefore you should assume those extra obligations. It could also be said that upkeep of the yard is part of a tenant's obligations in the Residential Tenancies Act to maintain the premises.
In the interests of harmony in your household, it is probably more beneficial to assume that you are bound by the terms of the lease. Even if you are not going to sign the lease, you should ask to see it before you move in to understand the obligations your roommates may expect you to fulfill.
March 2006 More Renting a Place to Live FAQs:
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