As a newcomer, you have to rent your first home in Canada. Thus, it is important to understand your rights as a tenant/ renter to ensure that renting your new house will provide you with a safe place to start adjusting in Canada.
Landlord & tenant responsibilities can vary in different provinces & territories. In every province, the government ministries oversee these laws.
Responsibilities Of Tenants
As a tenant, you are responsible for:
- Paying your rent on time
- Keeping home clean & well-maintained
- Contacting the landlord whenever anything needs to be repaired or serviced
- Allowing the landlord/ manager to enter your home to repair certain things
- Showing the home to other tenants if you are moving out
- Vacate the property when the lease ends
Moreover, tenants are not allowed to:
- Withhold rent in case of negligent repairs
- Renovate the house without the permission of the landlord
- Change the house locks
- Allocate the lease to some other person without the consent of the landlord
Responsibilities Of The Landlord
A landlord is the person you own the house/ building you are renting in. For larger buildings, the landlord can hire a property manager or superintendent to handle the building & collect rent.
Basically, the landlord is responsible for the following:
- Collecting the rent
- Keeping the building/ home safe
- Providing everything that comes with the apartment, like fridge, stove, heating, etc
- Handling & paying for repairs when something breaks in the house
Landlords cannot refuse the tenants to offer utilities, like electricity, hot/ cold water, etc. However, the cost of these services might or might not be included in the rent.
In addition, tenants must often acquire & pay for internet & cable TV services on their own. Landlords cannot prohibit the tenants from enjoying themselves at home in a reasonable way.
Rent Your First Home In Canada: Signing A Lease
A lease is defined as a written rental agreement that includes all the legal terms you and the landlord have agreed to. It is a legal document. Thus, it is essential to understand it thoroughly before signing.
A lease comprises:
- The names & contact information of the tenant & the landlord
- The address of the house/ apartment a tenant is renting
- The monthly rent the renter/ tenant has agreed to pay
- The date when the rent is due, along with the amount that the landlord will increase in future
- Rental period term
- Cancellation conditions
- Subletting the property conditions
- A list of repairs
- Other restrictions, like smoking or having a pet
- Details on when & how the landlord can enter the tenant’s home
- Processes for making changes to lease
- Resolving disagreements
- What can the landlord ask you
Landlords can legally ask you:
- About your salary to ensure that you can afford the place
- How many people will be living in the house
- If you have any pets or anyone smokes
- For references from your previous landlord/ employer
In order to decide on whether or not to rent the place, the landlord might ask you for some personal information to complete the credit check. Moreover, all owners/ landlords in Canada should comply with PIPEDA, i.e., Personal Information Protection & Electronic Documents Act.
Under this act, a landlord must have your consent to share your personal data with a third party, like a credit reporting agency.
However, landlords cannot ask about your:
- Ethnic background
- Regional/ sexual preferences
- SIN number
- Marital status
- Family visits
Increase In Rent
To rent your first home in Canada, you must know that the rent tends to remain the same during the lease term. However, when you renew it, your landlord might increase the rent. The frequency & the amount that your landlord increases your rent varies by territory & province. In many cases, your landlord must provide 90 days’ notice telling you the rent has been increased. However, if you aren’t given any notice, you can refuse to pay the increased rent until you have proper notice.
Generally, the landlord only increases the rent once a year and the amount is set by the provincial government. For instance, in British Columbia, the maximum increment in the rent allowed is 2% & the landlords cannot go above that limit. Similarly, in Ontario, the landlord can increase the rent by 2.5% (max) without needing approval from the tenant board/ landlord.
Evicting Tenants & Related Complaints
Landlords & tenants have certain rights when it comes to eviction/ tenants are protected against unreasonable eviction, while landlords are protected against challenging/ difficult tenants.
A landlord can evict you if the lease conditions or rental agreement is violated. Moreover, there are different eviction procedures in every territory/ province. A landlord has to follow these procedures, but tenants cannot be evicted/ removed from the premises readily.
Violations of the rental agreement/ lease that warrants eviction include:
- Not paying rent
- Excessive noise
- More people on the property than agreed
- An unsanitary living space
If you encounter such issues while renting a home, you must take appropriate measures to inform your landlord & rental authorities.