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In a rental agreement, landlords’ rights and duties go hand in hand with the tenants. Each province in Canada has its own residential tenancies regulations known as the Residential Tenancy Act (RTA). RTAs regulate rental prices, eviction procedures, and the obligations of both tenants and landlords in maintaining and repairing the property. We gathered common rights and responsibilities for both the tenants and the landlords in a residential tenancy across Canada. If you are a newcomer to Canada and on your way to renting your first apartment or house, this blog post will be a valuable guide.
Landlord Rights and Duties
To ensure the protection of their rights and the value of their property, landlords must:
- Ensure peaceful enjoyment of the rental unit.
- Be familiar with the local regulations I.e., local RTA where the residential unit is located.
- Give the tenants their current contact information and their updated ones, so the tenants may contact them in case of any emergency.
- Collect rent.
- Provide the tenant with a local business address if they live outside of the province where their property is located or appoint a local agent.
- Keep a good filing management strategy: adequate books and records of each tenancy.
- Give the tenants keys by the first day of the tenancy and refrain from changing locks during the tenancy unless the landlord and the tenant have both agreed on it.
- Charge application fees only when a tenant has been selected and the lease has been signed.
- Abstain from asking for a security deposit that is more than a month’s rent. However, landlords may not always ask for a security deposit
- Ensure the proper supply of fuel, electricity, hot and cold water, and other additions and utility services mentioned in the lease such as cable, internet, getting rid of household pests, etc. The tenant and landlord may agree to obtain these services at the tenant’s expense.
- Maintain a clean and safe place for the tenant to live in, including common areas like hallways, yards, driveways, and walkways.
- Provide the tenant with a copy of the residential tenancy agreement if it is written, along with rent receipts.
- Abstain from harassing, obstructing, coercing, threatening, or interfering with a tenant.
- Do move-in and move-out inspections to ensure the property is in a good state of repair and is fit for habitation and complies with local and nationwide standards related to health, safety, and maintenance.
- Return the security deposit or keep some of it or all of it to cover for losses, provided that the landlord notifies the tenant of his decision.
Landlords have the right to:
- Select their tenants, based on a screening process that relies on income information, credit checks and references, rental history, etc.
- With tenant consent, enter the unit for the purpose of making repairs and maintaining the property, to show the premises to prospective tenants.
- Increase the rent annually as per the limits set by the government.
- Evict the tenant in case of breach of the terms of the rental agreement, breach of the local RTA, or in the case of non-payment of rent.
Tenant’s Rights and Duties
To ensure good rental practices, the tenant must:
- Inspect together with the landlord the rental unit to ensure that it is in a good condition.
- Pay the rent in full and on time.
- Keep paying the rent in full in case of negligent repairs. Nonpayment leads to eviction.
- Be mindful of the landlords’ rights and do not commit a substantial breach of the tenancy agreement.
- Inform the property manager or landlord in case of financial troubles and incapacity to pay rent.
- Behave well, abstain from damaging the rental premises and the common areas, and do not perform illegal acts or illegal business on the premises.
- Keep the rental unit clean and repair damage caused by the willful or negligent conduct of the tenant.
- Refrain from harassing, obstructing, coercing, threatening, or interfering with the landlord.
- Contact the landlord when a problem arises that needs immediate attention I.e., damages, leaks, etc.
- Allow the landlord to enter the premises to make necessary repairs or show the unit to potential tenants.
- Not sublease the rental unit to someone else without the landlord’s (written) permission.
- Refrain from changing locks throughout the duration of the tenancy unless the landlord and the tenant have both agreed on it.
- Renovate the rental unit without the landlord’s permission.
- Vacate the property when the residential tenancy agreement ends or is terminated.
- Hand over the keys to the landlord when leaving the apartment to go live somewhere else.
Tenants have the right to:
- Ask for a written residential tenancy agreement and rent receipts.
- Receive written notice from the landlord 90 days before effectively increasing the rent.
- Refuse to answer questions about their ethnic background, religion, marital status, food habits, sexual preferences, and your Social Insurance Number.
- Be entitled to safe and habitable accommodations and enable landlords to conduct business and protect their investments.
As previously mentioned, residential tenancy agreement regulations vary across Canada. Click on the name of the province to read more about the local regulations: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec, and Saskatchewan.
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