# How long before a tenant gets squatters rights



## BlueSpud (23 Mar 2007)

How long does someone have to be a commercial tennant without a lease before they get squatters rights, or at least be in a position to make it difficult to be chucked out.


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## mf1 (23 Mar 2007)

A lease does not have to be in writing to create a tenancy - you can have an oral tenancy. If you describe someone as a commercial tenant there is an implication that there is some form of landlord/tenant relationship in existence. Where there is such a relationship, then squatters rights do not apply. Squatters rights ( or adverse possession) arises when a person chooses to acquire title adverse to the actual owners and generally arises after 12 years. It is not nearly as easy as the bar stool lawyers would have you believe. 

mf


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## BlueSpud (23 Mar 2007)

I am not wondering about claims to the title, just about the situation regarding not being kicked out or having the landlord double the rent.  I.e. do you gain any rights by being a tenant over say a 2.5 year period.


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## Towger (23 Mar 2007)

BlueSpud said:


> I am not wondering about claims to the title, just about the situation regarding not being kicked out or having the landlord double the rent.  I.e. do you gain any rights by being a tenant over say a 2.5 year period.



Sitting Tenant is the phrase you are looking for.

An uncle, rented out a shop on a short lease for a year, as he planned on doing it up/rebuilding it. At the end of the year he did not bother renewing the lease, and just let them stay on paying the rent. A year or so later he was ready to start work. Tenant refused to move, no lease in place, and it took High Court action (several years and a lot of money) to get them out.

Towger


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## Vanilla (23 Mar 2007)

If you're talking about a right to a business tenancy or a renewal then in general it's 5 years- this was amended in 1994 from 3 years. Terms and conditions apply.


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## Gordanus (24 Mar 2007)

Which is why most commercial leases are 4 yrs 9 mths


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