I am going to rent a room in a house that is already being rented and lived in by some students. Will I be considered a tenant of the property if I don�t sign the lease?

It depends on a number of factors. The Residential Tenancies Act states that a tenant is anyone who is allowed to live in a residence under the terms of a residential tenancy agreement. Therefore, if the tenancy agreement permits you to move in, you will likely be considered a tenant for the purposes of rights and obligations that arise under the Act.

A lease might also include extra rights and obligations that are not dealt with by the Act, for example, the obligation to carry out repairs. If you have not signed the lease it might be said that you are not bound by the extra terms. The counter argument might be that there is something about the circumstances of your ongoing relationship with the landlord that could be construed as an implied agreement and that you should assume those extra obligations.

If the tenancy agreement does not allow you to move into the property, then you would not be a tenant. For example, the lease might state that a maximum number of people can live in the property, that occupants do not automatically become tenants, or that the permission of the landlord is required before someone new moves in.

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November 2004 More Renting a Place to Live FAQs:

• General
• Tenants
• Landlords
• Other Resources

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