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Tenants are subject to laws and have rights, just like landlords. These laws and rights are in place to protect you, the tenant, from unfair treatment. While tenant laws and rights vary in each province and territory, the following apply across Canada.
As part of the terms of living on the landlord’s premises, you have responsibilities to uphold. These responsibilities will be outlined in a lease agreement.
You must:
Landlords have the right to choose their tenants. They collect information to determine your suitability as a tenant. Information is collected for credit checks, to check your ability to pay rent, and for background checks.
A landlord may refuse to rent to you if you do not provide them with the documents they need. You may need to provide:
Your personal information must be handled according to federal and provincial/territorial law to comply with your right to privacy. Landlords must get your consent to use your personal information, explain why they need it, give you access to the personal information they have about you, use it for its intended purpose, and protect it.
There are two types of rental and lease agreements: written agreements and verbal agreements. Written agreements are the better choice because they are physical evidence of the agreement. This physical record protects you. Verbal agreements can be difficult to legally enforce, and the protection they offer you as a tenant is limited.
The agreement should include information on:
Everything you need to know about renting an apartment with bad credit.
Landlords are responsible for most maintenance and repairs.
Tenants are responsible for:
Landlords are responsible for:
Two payments are usually made to the landlord before you move in: the security deposit and a rental payment.
A security deposit is a payment made to cover unpaid rent or the cost of cleaning or repairing the unit after you move out. It is usually equal to one month’s rent but varies across Canada. In Ontario, a security deposit can only be applied to cover unpaid rent. In Quebec, you don’t need to pay a security deposit.
Landlords pay interest on the deposit as long as you live on the premises. This interest is repaid to you if there hasn’t been a rent increase. If there has been a rent increase, this interest is applied to the difference in rent increase.
When you move out, the balance of the deposit is returned to you after unpaid rent and cleaning and repair costs are covered.
A rental payment is how much the landlord is charging you to stay on the premises for one month. The lease or rental agreement will list a day when rent is due each month. Landlords can choose to be paid by cash, cheque, or bank transfer. Post-dated cheques for rent payments are illegal in some provinces.
The landlord can choose to increase the rent but must notify you in advance. That notice depends on how long the tenancy agreement is, the anniversary of the lease, and any provincial or territorial laws. Some provinces prevent rent increases until you move out or without approval from the local rent authority.
If you can’t afford your rent, your landlord may choose to do any of the following:
Avoid these common mistakes that renters make.
Both tenants and landlords have rights when it comes to eviction. Tenants are protected against unreasonable eviction, and landlords are protected against troublesome tenants.
A landlord can evict you if the conditions of the lease or rental agreement have been violated. There are different eviction procedures in each province or territory that a landlord must follow. You cannot be evicted and removed from the premises immediately.
Violations of the lease or rental agreement that would warrant eviction include:
Sometimes a landlord may try to evict you without reasonable cause. You may stay on the premises until the local rental authority orders you out. The local rental authority and any tenant advocacy agencies can help deal with any landlord complaints or disputes.
All good things, including leases, eventually come to an end. In Canada, leases usually end after one year.
Landlords can approve or reject a potential sublessee, but they cannot refuse a subletting request.
As a tenant in a rental or lease property, you have laws and rights that protect you. You also have responsibilities to uphold. Your landlord also has protections and duties to fulfil. Violating these responsibilities is grounds for eviction. As long as you follow the terms of your lease agreement, you shouldn’t have any issues with your landlord.
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