Express Tenancy-at-will vs. Implied Tenancy-at-will

Express Tenancy-at-will vs. Implied Tenancy-at-will

Ontario Real Estate Source

Question:

What is the difference between the two? Is it that with express tenancy-at-will  there is a written agreement in place?

Answer:

In both cases, there is no current tenancy agreement in force between the parties.

With an express tenancy at will, it was created at the time of expiration and overholding by the tenant. So, there was a lease but it expired. The "at will" provision refers to the fact that the landlord's consent is implied now. But, termination is no longer restricted to what may have been contained in the expired lease.

An implied tenancy arises when then is no written agreement in the first place. The tenant may have gained occupancy and be paying rent, but the landlord and the tenant have yet to agree upon the terms to be contained in the actual lease.