| A: Absent evidence to the contrary, the default position is that you have an agreement consistent with section 13, which says when a tenancy agreement can't be found or produced, or wasn't recorded in the first place, all the rights, obligations, provisions and terms found in the standard RTO Form 1 are deemed to exist. If your landlord can't or won't produce his copy of the agreement you'll want to refer him to section 13 of the Act. For your own protection, I advise you to write the landlord a formal letter requesting that he provide you with a copy of your tenancy agreement, and indicate that if he can't or won't provide one that you may contemplate filing a claim in arbitration seeking an Arbitrator's Order that he give you one RFN. |
