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Based
on the answers you have given, you are probably a ...
Commercial
Tenant
The Commercial
Tenancies Act (CTA) applies to tenancies that are exempt from the Residential
Tenancies Act (RTA). It may apply even if you use your place only for
living space and not for business. For example, the CTA applies to you
if the person you rent the place from is a tenant who either lives in
the same rental unit as you do, or lives in another unit in the same residential
complex.
You have
less legal protection under the CTA than you would have under the RTA.
For example:
- if your
rent is not fully paid 15 days after it is due, you can be evicted without
notice and the landlord can seize your things;
- for other
breaches of your rental agreement (for example, bothering other people,
causing damage, etc.) you can be evicted with notice equal to the rental
period (usually one week or one month) if you do not correct the breach
quickly;
- your landlord
does not have to go to a court or tribunal for permission to evict you.
If your landlord
wants to evict you, you can apply to Superior Court (not Small Claims Court)
to ask the court to stop the eviction. You would have to have a good reason
and be able to prove in court that the breach was not your fault or that
you have corrected it. If the landlord has suffered harm from your breach,
you may be required to pay the landlord compensation in order for the court
to stop the eviction.
NOTE: This
area of the law and the court procedure is very complicated. It is not
easy to apply to the Superior Court. You should get legal advice from
a lawyer or legal clinic. For information on getting legal help, see the
Legal Resources section of this web site.
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