Possession of Rented Premises
It can be important to know when a tenant has actually taken possession or given up possession of rented premises.
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For example, a tenant may physically move out of the premises before the end of the term, but leave belongings there a little longer. |
For the purposes of carrying out an inspection or for the return of the security deposit, it will be important to know when the tenancy officially ended. However, the Act gives tenants some increased protection in this circumstance so that they cannot be presumed to have left without good reason.
You can agree with a tenant when you both want the tenancy to begin and end officially. This agreement should be recorded as a term of the tenancy agreement. If you do not have an agreement to this effect, the Residential Tenancies Act sets out when a tenant will be deemed to have taken and given up possession of the premises.
May 2006