When it comes to renting property, there are different types of agreements that can be used depending on the needs of the landlord and the tenant. Two common types of agreements are occupancy agreements and tenancy agreements.
Occupancy agreements, also known as license agreements, are commonly used when the landlord wants to give permission for someone to occupy a property without creating a tenancy. This type of agreement is often used in situations where the occupation is temporary or where the landlord wants more control over the property.
On the other hand, tenancy agreements create a legal relationship between the landlord and the tenant that grants the tenant exclusive possession of the property. This means that the tenant has the right to live in the property for the duration of the tenancy without interference from the landlord.
One of the key differences between occupancy agreements and tenancy agreements is the level of control that the landlord retains over the property. With an occupancy agreement, the landlord can retain the right to enter the property at any time and can also specify the terms of the occupation, such as whether the tenant can have guests or pets.
With a tenancy agreement, the landlord`s control over the property is more limited, as they are not allowed to enter the property unless they have given the tenant proper notice or there is an emergency. The tenant also has more rights under a tenancy agreement, such as the right to quiet enjoyment of the property and the right to challenge any rent increases.
Another key difference between occupancy agreements and tenancy agreements is the level of protection they offer the tenant. Since an occupancy agreement is not a tenancy, the tenant does not have the same level of protection under housing laws. For example, they are not entitled to the same level of notice before eviction and may not be able to challenge unfair rent increases.
Overall, the choice between an occupancy agreement and a tenancy agreement depends on the needs of the landlord and the tenant. Occupancy agreements are often used for short-term rentals or situations where the landlord wants more control over the property. Tenancy agreements are more commonly used for long-term rentals and provide tenants with greater protection under housing laws.
