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Rights and Responsibilities of Co-tenants - Residential Tenancy Office

Rights and Responsibilities of Co-tenants - Residential Tenancy Office

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RESIDENTIAL TENANCY POLICY GUIDELINE Page 13-2<br />

13. <strong>Rights</strong> <strong>and</strong> <strong>Responsibilities</strong> <strong>of</strong> <strong>Co</strong>-<strong>tenants</strong><br />

Jan-04<br />

<strong>of</strong> the deposit 2 .<br />

Tenants in <strong>Co</strong>mmon<br />

"Tenants in common" sharing the same premises or portion <strong>of</strong> premises may enter into<br />

separate tenancy agreements with a l<strong>and</strong>lord. A tenant in common has the same rights<br />

<strong>and</strong> obligations as an ordinary tenant with a separate tenancy, <strong>and</strong> is not responsible for<br />

debts or damages relating to the other tenancy.<br />

In the absence <strong>of</strong> clear evidence <strong>of</strong> a tenancy in common, there is a presumption in law <strong>of</strong><br />

a joint tenancy.<br />

Occupants<br />

Where a tenant allows a person who is not a tenant to move into the premises <strong>and</strong> share<br />

the rent, the new occupant has no rights or obligations under the tenancy agreement,<br />

unless all parties agree to enter into a tenancy agreement to include the new occupant as<br />

a tenant.<br />

2 <strong>Residential</strong> <strong>Tenancy</strong> Act, s. 38<br />

January 1, 2004

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