Common Law Rental Agreement

In the case of a common law residential tenancy agreement, the rights and obligations of the tenant depend mainly on the terms agreed between the parties (set out in the contract) and therefore resemble a commercial lease; it is a contract or a “contractual lease not required by law”, unlike those regulated by law. If the tenant violates one of his obligations, the lessor can terminate the lease and claim damages. In the case of a remaining tenant, the lessor may keep the tenant at another rental period. Under an old common law rule, the landlord`s obligation to provide the tenant with a dwelling and the tenant`s obligation to pay the rent were independent agreements Under an old common law rule, the landlord`s obligation to provide a dwelling to the tenant and the tenant`s obligation to pay the rent. If the landlord violated an offence, the tenant was still legally required to pay the rent; their only remedies were termination and action for damages. But these are often difficult remedies for the tenant. Termination means the aggravation of the move, provided that it is possible to find new neighborhoods and that an action for damages takes time, is uncertain and costly. . . .

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