In order to rent, you and the landlord normally sign a written rental agreement, also known as a lease. Most leases lock you into a rental for one year. Some work on a month-to-month basis. If you decide to move before the lease is up, it may be up to you to find someone to take over the lease or you may have to cover any costs associated with finding a new tenant or lost rent.
Whether the landlord asks you to sign a one-year or month-to-month agreement, the fact is that signing a lease is a good idea. It is a legal agreement that outlines what the rent amount is, whether it will increase, what is included in the rental rate and how you will pay it. Also, it not only lets you know what your responsibilities are when you rent a space, but it sets out the landlord’s responsibilities and your rights as a tenant, too.
Rights and responsibilities
In both B.C. and Ontario, tenants and landlords must follow the rules set out by the province in its residential tenancy legislation.
Paying the rent
After you agree on a rental rate, your landlord can ask for letters of reference or conduct a credit check to make sure you are able to pay the rent. But landlords are not allowed to ask personal questions such as how long you have been in Canada, whether relatives will be visiting, or whether you plan to have children.
When it comes to how you pay your rent, landlords may differ. Typically, you will be asked to pay rent on a set date each month, by cash, post-dated cheques or direct deposit.
If you don’t pay your rent on time (usually the first of the month), the landlord can charge you a fee for late payment.
Rent increases
Rent control exists in both provinces. This means the landlord has to give you a certain amount of notice before increasing the rent. There’s also a limit on how much the landlord can increase the rent in Toronto and Vancouver.
Security deposits
The landlord will probably ask you for a security or damage deposit when you sign the lease. They are only allowed to ask for payment for first and last month’s rent.
When you first move in, do an inspection of the rental unit — walk through the space, make a note of anything that’s broken or damaged and give a copy to your landlord. That way, when you move out, you won’t be held responsible for damage that was there before you arrived.
Key money
Your landlord must give you one complete set of keys without charging you a fee. If you need any extra keys, or you lose a key and need a replacement, you may be charged. But it’s not permissible for the landlord to ask for “key money” that is more than the cost to replace the keys.
Repairs and maintenance
Most regular building repairs and maintenance are the responsibility of the landlord, or sometimes the superintendent (often found in larger buildings). Your landlord is also responsible for anything that comes with the apartment and is included in your rent, such as the fridge and stove, laundry facilities, heat, included furniture, storage sheds and garages. According to the law, a landlord must keep a place healthy, safe and suitable for occupation.
As a tenant, you have to keep your place clean and notify the landlord of any repairs that need to be done, or of any other problems such as mice, cockroaches or bedbugs. If something breaks down in your rental unit and it is not your fault, you should tell the landlord and ask that it be fixed. You cannot withhold rent if you’re having trouble getting the landlord to fix the problem.
While you’re not responsible for reasonable wear and tear, such as the wearing out of carpets with normal use, you are responsible for any damage you (or your guests) do even if it is an accident.
Renovation requests
If you want to make some improvements to your place, like painting walls or replacing old carpet, ask your landlord and get written consent. If you make changes without permission, you might have to pay for new paint or carpet later.
Pets allowed?
The rules about pets are different in every province. In Toronto, you can have a pet in a rented unit unless it is determined by the landlord to be dangerous. In Vancouver, the landlord gets to decide whether pets are allowed or not — you must abide by those rules. Smoking regulations also differ in each city.
If you have a pet, you may also have to pay an additional pet damage deposit. When you move out, you get your deposit back, plus interest.
Entering the premises
To enter your rental, the landlord needs to give you notice and tell you why he or she must go into your place — unless you say it’s OK or there’s an emergency.
Breaking the lease
If you must move before your lease is up, according to the law, you can’t rent your unit to someone else (called subletting) without the written permission of the landlord. Similarly, the landlord has to have a good reason for not letting you sublet.
Eviction notice
If the landlord wants you to move out and evicts you, it has to be for certain reasons and it must be done according to the rules. A landlord cannot evict you for refusing to renew your lease or for having visitors. It is also illegal for a landlord to put your belongings on the street or to change the locks and refuse you entry. But do not ignore an eviction notice.
You must give the landlord written notice of at least one month (usually a calendar month or two in some provinces) before the first day of the month you want to move out. You must clean the apartment and repair any damage before you move out. Take note of or photograph the apartment’s condition. The landlord has to return your full security deposit unless you have damaged the apartment or owe rent
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