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The rights of a Tenant in Canada - a guide for newcomers

The rights of a Tenant in Canada
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The rights of a Tenant in Canada – a guide for newcomers

The rights of a Tenant in Canada are crucial for newcomers because they ensure their ability to adjust to a safe place in Canada. This is especially true if they start to rent a house in Canada for the first time.

Your initial residence in Canada as an immigrant will probably be a flat or house you rent.
Distinct provinces and territories may have separate rules governing landlord and tenant obligations. These laws are regulated by government agencies or ministries in each province or territory.

The Rights of a Tenant in Canada

You are often accountable as a tenant for the following:

  • Maintaining timely and full rent payments.
  • Keeping your house in good condition and order.
  • Whenever anything requires service or repair, contact the landlord.
  • Grant the manager or landlord access so they may make repairs or display the place to prospective tenants if you’re moving out. Before entering your flat, your landlord needs to give you a notice.
  • When the lease expires, leave the property.

Additionally, tenants typically aren’t permitted to do the following:

  • In the event of careless repairs, withhold rent.
  • Rework the home without the landlord’s consent.
  • Without the landlord’s consent, change the house’s locks.
  • You may not sublet or assign the lease to another party without the consent of a landlord.

The responsibilities of a landlord

The individual who owns the home or structure you are renting out is known as a landlord. The landlord may employ a superintendent or property manager to oversee operations and collect rent for larger properties.

Your landlord is often accountable for the following:

  • Getting the rent in.
  • Preserving the building/home’s integrity and safety.
  • Supplying all of the amenities that are a part of the flat and are covered by your rent (such as the heating system, refrigerator, and stove).
  • Taking care of broken home appliances and paying for repairs.
  • Your landlord must provide utility services like electricity and hot and cold water, but they may or may not be paid for as part of your rent.
  • Additionally, tenants must frequently purchase and pay for cable TV and Internet service independently.

Your landlord cannot seize any of your belongings without a court order authorizing them, nor may they restrict how you use and enjoy your house.

A Lease Agreement

A written rental agreement known as a “lease” outlines all the terms you and the landlord have agreed upon legally. Before signing a lease, make sure you fully understand it because it is a legal document.
In general, the majority of leases contain:

  • Names and phone numbers for both you and your landlord.
  • Your rental address, whether it’s a home or a flat.
  • The agreed-upon amount for your monthly rent.
  • The due date for rent and the maximum rent increase that the landlord may impose in the future.
  • The length of the lease (for instance, a year or month-to-month).
  • The requirements to break or cancel your lease.
  • The prerequisites for property subletting.
  • A list of the maintenance or repairs you are responsible for.
  • Other limitations (such as whether you can smoke or own a pet).
  • Information about when and how your landlord may enter your home.
  • The steps to follow while modifying the lease or settling disputes.
  • What landlords may inquire about

What can the landlord ask from you?

Legally, a landlord can ask you:

  • Regarding your income, make sure you can pay the rent.
  • How many individuals will be residing there?
  • If there are any animals on the premises or if somebody smokes.
  • Authorization to conduct a credit check.
  • Request testimonials from your job or former landlords.

A landlord could request some personal information to run a credit check before deciding whether or not to rent a property. The Personal Information Protection and Electronic Documents Act is a requirement for all landlords in Canada. A landlord is required by this Act to obtain your permission before disclosing your personal information to any third party, including a credit reporting organization.

You cannot be questioned about the following:

  • Relating to your sexual preference, religion, and cultural heritage.
  • About your Social Insurance Number (SIN).
  • About your marital status.
  • Whether or not you want to have more kids.
  • If relatives are coming to visit.

Rise in rent

During a lease, rent frequently stays constant; however, your landlord may raise the rent when you renew your agreement. Depending on the province and territory, your landlord may raise your rent occasionally and by a different amount. In most circumstances, your landlord must provide 90 days’ notice before submitting your rent. You might be eligible to delay paying the rent increase until the landlord provides you with the necessary notice if you haven’t received it.

Typically, landlords are only permitted to raise your rent once per year and only by a predetermined maximum amount established by your province or territorial government.

For instance, in British Columbia, landlords are only permitted to raise rent by a maximum of 2% under a fixed-term lease. In Ontario, a landlord must only obtain permission from the landlord and tenant board once the rent is increased by a maximum of 2.5%.

The rights of a tenant in Canada – evictions and complaints

Both landlords and tenants are entitled to stay in their homes. Both landlords and tenants have protections against uncooperative tenants and unjustified evictions.

In case of broken terms of the lease or rental agreement, you might face eviction from the landlord. A landlord must follow certain eviction processes in each province or territory; nonetheless, you cannot be evicted and taken from the property right away.

Eviction would result from the following lease or rental agreement violations:

  • Lacking in rent;
  • Unreasonable noise;
  • Unreasonably unclean living quarters;
  • More persons than permitted by the lease agreement are present on the property.

You must take the necessary actions and precautions to notify your landlord and the relevant rental authorities if you have problems while renting a home.