If you are an immigrant, you will most likely rent your first apartment or house in Canada. As a tenant, it is important to understand your rights in order to ensure that your new home is a safe environment for adjusting to life in Canada. Landlords and tenants may be subject to different obligations under different laws in different provinces and territories. Each province or territory has its own government agencies or ministries that regulate these laws. Explore important considerations and make informed decisions as you embark on your journey of renting your first home in Canada.
Responsibilities of tenants
The following are generally your responsibilities as a tenant:
- Timely and complete rent payment.
- Maintaining cleanliness and proper maintenance of your rented home.
- Promptly notifying the landlord about any necessary repairs or maintenance issues.
- Granting access to the landlord or property manager for repairs or showings, with proper notice provided.
- Vacating the premises upon the expiration of the lease agreement.
Additionally, tenants are generally prohibited from:
- Retaining rent in case of inadequate repairs.
- Conducting renovations without obtaining the landlord’s consent.
- Altering the locks of the property without prior authorization from the landlord.
- Subletting or assigning the lease to another person without obtaining the landlord’s permission.
Responsibilities of landlords
You are renting a property from a landlord, who owns the house or building. Rent collection and overseen operations may be handled by a superintendent or property manager for larger properties.
The following are some of the responsibilities of your landlord:
- Rent collection responsibilities.
- Ensuring the safety and proper maintenance of the building/home.
- Furnishing all included amenities and appliances specified in the rental agreement (e.g., refrigerator, stove, heating).
- Managing and covering the costs of repairs when any part of your rented home requires fixing.
It is your landlord’s responsibility to provide utility services such as electricity, hot water, and sewerage, but those services may or may not be included in your rent. In addition, tenants are frequently required to buy and pay for cable television and internet service independently. There can be no seizure or restriction of your possessions by your landlord without a court order authorizing them to do so, nor can your landlord restrict the way you use or enjoy your home.
Renting your first home in Canada – Lease signing
You and your landlord have agreed upon legal terms in a written rental agreement called a “lease.” A lease is a legal document, so make sure you understand it completely and then sign it.
Generally, leases include the following:
- Landlord’s and tenant’s names and contact information
- Rental property address
- Agreed with the monthly rent amount
- Rent due date and guidelines for future rent increases
- Rental term duration (e.g., one year or month-to-month)
- Conditions for lease termination or cancellation
- Subletting provisions
- Tenant’s responsibilities for repairs and upkeep
- Restrictions on smoking or pet ownership
- Landlord’s entry into the rented home, including notice requirements
- Procedures for lease modifications or dispute resolution
- Permissible inquiries from landlords
Legally, a landlord can ask you:
- Make sure you can afford your rent by knowing your income.
- The number of people who will live on the property.
- Whether there are pets on the property or if anyone smokes.
- Checking the credit history of an individual.
- References from previous employers or landlords are required.
If a landlord wants to run a credit check on you before renting a property, they may ask for some personal information. In Canada, landlords are required to follow the PIPEDA (Personal Information Protection and Electronic Documents Act). Any landlord who wishes to disclose your personal information to a third party, including a credit reporting organization, must first obtain your permission.
You cannot be asked these questions by your landlord:
- Non-disclosure of personal information regarding ethnic background, religion, and sexual preferences.
- Privacy regarding SIN – (Social Insurance Number).
- Confidentiality regarding marital status.
- No requirement to provide information on family planning or having more children.
- Discretion concerning family visits.
Increasing rents
When you renew your lease, your landlord may raise the rent; however, the rent usually remains constant during the lease term. You may occasionally see your landlord raise your rent by a different amount depending on your province or territory. In most circumstances, your landlord must provide you with 90 days’ notice before raising 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.
Most provincial governments limit the amount a landlord can increase rent by once a year. Taking British Columbia as an example, landlords cannot raise rent above 2% on a fixed-term lease if the limit is 2%. The landlord and tenant board does not need to approve increases in rent exceeding 2.5% in Ontario.
Complaints and evictions of tenants
Both landlords and tenants are entitled to stay in their homes. Both landlords and tenants have protections against uncooperative tenants and unjustified evictions.
If the terms of the lease or rental agreement have been broken, the landlord may evict you. 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:
- Failure to fulfill rent payment obligations.
- Excessive noise disturbance.
- Unsanitary living conditions that are unreasonably maintained.
- Unauthorized presence of additional individuals beyond the agreed terms in the lease agreement.
In the event of problems with your rental, you must notify your landlord and the appropriate rental authority as soon as possible.
