YOUR RIGHTS AS A TENANT
Real estate law
08 Nov
Responsibilities for landlords and tenants can differ significantly depending on the province or territory. Each region has its own set of laws and regulations that govern these responsibilities. These laws are administered and enforced by specific government departments or ministries within each province or territory.
In some places, the rules might have you checking off a long list of maintenance tasks like a to-do list for an obsessive-compulsive handyman, while in others, you might find yourself tangled in a web of rent control or eviction procedures that feel like a plot twist in a soap opera.
Either way, knowing the local rules is key for both landlords and tenants, think of it as the ultimate guide to avoiding awkward landlord-tenant drama and ensuring everyone's rights and responsibilities are squared away.
It’s crucial to understand your rights as a renter to make sure your new home is not only a safe haven but also a place where you can start settling into your Canadian adventure. After all, the last thing you want is to find out your “charming” new place comes with surprise bonus issues like a landlord who thinks “fixing” things means duct tape and wishful thinking.
As a tenant, your duties include paying your rent on time and in full—no excuses, even if your cat’s latest misadventure cost you a fortune in vet bills. You also need to keep your home looking less like a tornado hit it and more like it’s ready for a magazine photo shoot. If something breaks, give your landlord a shout instead of attempting DIY repairs with duct tape and superglue.
Let the landlord or property manager in when they need to fix things or show the place to new tenants, but make sure they give you a heads-up first-no surprise visits allowed. And when your lease ends, pack up and move out; think of it as your grand exit rather than an unplanned eviction.
Additionally, tenants generally can’t withhold rent because of repair delays, though you might be tempted to, considering the saga of that leaky faucet.
Renovations? Unless you’ve got a green light from your landlord, your dreams of turning the place into a luxury spa might need to stay on hold. Changing the locks or subletting your space without permission is also a no-go unless you’re aiming for a surprise "locked-out" party or an unexpected roommate.
Generally, your landlord is responsible for collecting rent, ensuring the property is safe and well-maintained, providing all the amenities included in your rental (like the refrigerator and stove), and managing and covering the cost of repairs when something in your home breaks.
Although the landlord is the person who owns the house or building you’re renting, in larger properties, they might hire a property manager or superintendent to handle things like rent collection and building upkeep.
Landlords are required to provide essential utilities like electricity and hot and cold water, though the cost for these services might not always be covered by your rent. Tenants typically need to arrange and pay for cable TV and Internet separately.
Landlords are not allowed to interfere with how you use or enjoy your home. This means they can’t stop you from having friends over, decorating as you like, or relaxing in your space.
They also can’t take any of your belongings without a court order. So, if you’re worried about them sneaking away with your favorite coffee mug or that vintage record collection, you can rest easy, unless they have a legal reason to do so, your stuff is safe and sound.
A lease is like a written contract that details all the rules you and your landlord have agreed upon. It’s basically the “fine print” of your rental deal, so make sure you read and understand it completely before you sign, after all, you wouldn’t want to agree to a clause that makes you responsible for walking the landlord’s pet.
Landlords cannot quiz you on your ethnic background, religion, or sexual preferences, and they definitely can’t ask for your Social Insurance Number (SIN) like it’s a secret password. They’re also not allowed to pry into your marital status, your plans for a growing family, or if you’ve got a big family reunion planned.
But to decide whether to rent you a property, a landlord might request some personal information to run a credit check. In Canada, landlords must follow the Personal Information Protection and Electronic Documents Act (PIPEDA). This means they need your permission to share your personal details with third parties, like credit reporting agencies.
Typically, landlords can only raise your rent once a year and only by a specific maximum amount set by your provincial or territorial government. In Ontario, they can increase your rent by up to 2.5% without having to get the landlord and tenant board involved, which means you might see a slightly bigger bump, but nothing that'll break the bank or require you to live off ramen noodles.
Rent usually stays steady while you’re under a lease, but when you renew, your landlord might decide it’s time for a rent increase. The rules for how often and by how much they can raise it vary by province or territory.
Typically, your landlord has to give you 90 days' notice before they raise your rent. If they don’t, consider it a mini-vacation from rent hikes—a "rent increase grace period." Enjoy it while it lasts, like a free trial of a service you didn’t sign up for, but with slightly more paperwork and fewer ads.
Both tenants and landlords have specific rights when it comes to eviction. Tenants are like the VIPs of the rental world, protected against unfair evictions so they don’t get kicked out without a valid reason.
On the flip side, landlords are armed with their own set of protections to guard against tenants who might be causing more drama than a reality TV show. It’s a balancing act, kind of like a high-stakes game of “Don’t Get Kicked Out,” where everyone has a rulebook and a chance to shine.
A landlord can evict you if you breach the lease or rental agreement, but they must follow the specific eviction procedures for your province or territory. You can’t be kicked out immediately - there are legal steps that must be followed before eviction occurs.
If you run into problems while renting a home, make sure you take the proper steps to handle it. Start by giving your landlord a heads-up - think of it as a polite “Hey, help!” note.
If your landlord is too busy or if things get sticky, you might need to get the rental authorities involved. They’re like the referees in the game of renting, making sure everyone plays fair and square. So, keep your cool and follow the process—after all, you don’t want your rental issues to turn into a never-ending soap opera…