90 day tenancy

[Perry]

What Artemis has quoted from Tenant Services is 'their story,' not necessarily the full story from the RTA.

Always be careful of any purported 'advice' from Tenant Services. You cannot depend on it. Were you to ever go the Tribunal saying that your relied on it, you would be sorely disappointed. You would suffer; no one at Tenant Services would. Only rely on the wording of the RTA, itself.

7 Tenancies for short fixed terms

(1) Subject to subsection (2), nothing in sections 25 to 28 and 51 shall apply to a tenancy for a fixed term of not more than 90 days (whether or not terminable by notice) if, before the commencement of the tenancy, the parties agree in writing that the tenancy will not be extended or renewed to give a total length of the term in excess of 90 days.

[artemis]

However, crashy, the below from the TS website refers to a tenant staying beyond 90 days. If there is no agreement with the landlord, I guess that means applying for an order to evict and recover costs.

Short fixed-term tenancies
A fixed-term tenancy of 90 days or less is called a short fixed-term tenancy. If a short fixed-term tenancy comes to an end, it doesn’t automatically become a periodic tenancy. The tenancy will end and the tenant has to move out, unless they come to an agreement with the landlord.

If the tenant stays at the property for more than 90 days after the tenancy ends, it means that the landlord has given them a new periodic tenancy. This may not apply if the tenant has already made an agreement with the landlord.

[hawkeye]

If you use it to avoid new rules then it looks like it can be overturned so be careful!

[Perry]

I suggest that you start here:

7 Tenancies for short fixed terms

[donna]

Hi Crashy,

Did you read this.....

If the fixed-term is for longer than 90 days, the tenancy will automatically become a periodic tenancy when it ends. If the landlord or the tenant doesn't want it to become a periodic tenancy, they need to give notice saying this. The notice must be given between 90 and 21 days before the expiry date of the fixed term.

Says if the term is longer than 90 days so if it is 91 days then you'd need to give notice saying you don't want it to be a periodic tenancy. Give the notice on the day 1 of the tenancy?


cheers,

Donna

[crashy]

I used search but couldn't find much.

I want to do a 90 day tenancy, but it seems that if the tenant doesn't move out on day 90 it becomes a normal tenancy. How do you avoid this trap? How do you guarantee that the tenants are out on day 90?