Looking for renting a house in Canada? As a newcomer to Canada, understanding the laws and regulations related to housing and renting is essential. These laws and regulations are in place to ensure fair and safe housing practices for all individuals, regardless of their status.
Here are some important things to know before renting a house in Canada:
Tenant and Landlord Rights and Responsibilities
As a tenant or landlord in Canada, it is important to understand your rights and responsibilities. The laws and regulations vary depending on the province or territory, but there are some general guidelines that can be followed.
For tenants, some of the rights include the right to a safe and habitable dwelling, the right to privacy, the right to a reasonable amount of notice before a landlord enters the premises, and the right to not be discriminated against. Tenants are also responsible for paying rent on time, keeping the premises clean and in good condition, and following the terms of the lease agreement.
For landlords, some of the rights include the right to receive rent on time, the right to enter the premises for specific reasons (such as repairs or inspections), and the right to evict a tenant who violates the terms of the lease agreement. Landlords are also responsible for keeping the premises in good repair and following the laws and regulations related to renting out property.
It is important for both tenants and landlords to understand their rights and responsibilities in order to avoid disputes and legal issues. If there are any issues or concerns, it is recommended to seek the advice of a legal professional or a tenant and landlord board.
Examples of situations where understanding tenant and landlord rights and responsibilities can be beneficial include:
- Disputes over security deposits: It is important for tenants and landlords to understand the rules and regulations regarding security deposits, including how much can be collected and how it should be returned.
- Evictions: If a landlord wants to evict a tenant, they must follow the proper legal procedures. If a tenant believes they are being unfairly evicted, they can seek the advice of a legal professional or tenant and landlord board.
- Repairs and maintenance: Tenants have the right to a safe and habitable dwelling. If there are any issues with the premises, such as broken appliances or pest infestations, it is important for tenants to understand their rights and responsibilities in terms of requesting repairs and maintenance.
- Rent increases: Landlords are allowed to increase rent, but there are rules and regulations they must follow. Tenants should be aware of their rights and responsibilities in terms of rent increases and how much notice landlords must give before implementing them.
- Discrimination: Both tenants and landlords have the right to not be discriminated against. If either party feels they are being discriminated against, they can seek the advice of a legal professional or human rights commission.
Understanding tenant and landlord rights and responsibilities can help ensure a positive and fair rental experience for both parties involved.
Rental Agreements
When it comes to renting a house in Canada, a rental agreement or lease is a legal document that outlines the terms and conditions of the rental agreement between a landlord and tenant. Rental agreements can vary in length and terms, but typically, they cover the following:
- Length of Tenancy: This specifies the length of time the tenant is allowed to stay in the rental property. It may be a fixed-term lease, which is for a specific period, or a month-to-month lease, which can be renewed every month.
- Rent: This outlines the amount of rent the tenant is required to pay, when it is due, and the accepted forms of payment.
- Security Deposit: A security deposit is a sum of money that a tenant pays at the start of the tenancy to cover any damages or unpaid rent. The rental agreement should specify the amount of the deposit, the conditions for its return, and any deductions that may be made.
- Utilities: The rental agreement should specify which utilities (heat, water etc.), if any, are included in the rent and which are the responsibility of the tenant to pay.
- Occupancy Limits: This specifies the maximum number of people who are allowed to live in the rental property.
- Maintenance and Repairs: The rental agreement should outline who is responsible for the upkeep and maintenance of the property, as well as any repairs that may be required.
- Pets: The rental agreement may specify whether pets are allowed on the property and any additional fees or deposits that may be required.
It is important for tenants to carefully review and understand their rental agreement before signing it. They should also keep a copy of the agreement for their records. If any issues or concerns arise during the tenancy, the rental agreement can serve as a reference point for both the landlord and tenant.
Rent Increases
Landlords are permitted to increase rent once per year, with written notice given to the tenant at least 90 days in advance. The amount of the rent increase is regulated by each province and territory.
In most provinces, landlords are allowed to increase the rent once a year with a notice period of at least 90 days. However, the amount of rent increase can vary depending on the province. For example, in British Columbia, landlords can increase the rent by up to 2.2% in 2021, while in Ontario, landlords can increase the rent by up to 1.2% in 2022.
It is important to note that landlords are not allowed to increase the rent during the fixed term of a tenancy agreement, unless it is explicitly stated in the agreement. In addition, some provinces have special rules for rent increases in certain situations. For example, in Quebec, rent increases are limited to a certain percentage for renovated apartments and buildings.
Tenants have the right to dispute rent increases if they feel they are unjustified. In most provinces, tenants can dispute a rent increase by filing an application with the local housing authority or the provincial rental board.
Get your Free Credit Report here
Security Deposits
When renting a house in Canada, landlords may request a security deposit from tenants to cover any potential damages or unpaid rent. The amount of the security deposit can vary depending on the province and territory, but it typically ranges from one to two months’ worth of rent.
In most provinces, landlords are required by law to return the security deposit to the tenant at the end of the tenancy, as long as there are no outstanding issues with the rental property. However, landlords are allowed to deduct reasonable costs for damages or unpaid rent from the security deposit before returning it to the tenant.
It’s important for tenants to thoroughly inspect the rental unit before moving in and document any damages or issues in writing to avoid being charged for pre-existing damage. Similarly, landlords should document the condition of the rental unit with a move-in inspection report and take photos or videos to support any claims for damages.
Tenants should also ensure they receive a receipt for their security deposit and keep it in a safe place. If a landlord fails to return the security deposit or unlawfully withholds a portion of it, tenants may be able to file a claim with the provincial or territorial residential tenancy authority or small claims court.
In some provinces, such as British Columbia and Ontario, landlords are required to pay interest on the security deposit to the tenant annually.
Maintenance and Repairs
Maintenance and repairs are an essential aspect of renting a property in Canada. It is crucial to know who is responsible for maintaining and repairing different areas of the rental property. In general, landlords are responsible for maintaining the structural integrity of the property, while tenants are responsible for keeping the rental unit clean and tidy.
However, there are exceptions to this general rule, and the responsibilities of landlords and tenants can vary depending on the province or territory. For example, in British Columbia, landlords are responsible for maintaining and repairing the rental unit, while tenants are responsible for repairing any damage they cause. In Ontario, landlords are responsible for maintaining and repairing the rental unit, but tenants are responsible for repairing any damage they cause, except for normal wear and tear.
It is essential to read the tenancy agreement thoroughly to understand the maintenance and repair responsibilities of the landlord and the tenant. If a tenant notices any issues that require repair or maintenance, they should notify the landlord immediately in writing. The landlord is required to respond to the tenant’s request for maintenance or repair within a reasonable time frame.
Tenants should also keep in mind that they cannot withhold rent for repairs, even if the landlord is not fulfilling their responsibilities. If a landlord fails to make necessary repairs, a tenant can file a complaint with the Residential Tenancy Branch in their province or territory. It is crucial to follow the legal process to resolve any disputes related to maintenance and repairs.
Evictions
Eviction is a process through which a landlord can legally force a tenant to vacate a rental unit. The landlord must follow the legal eviction process to ensure that the tenant’s rights are respected. The rules and regulations for evictions vary depending on the province or territory in which the rental property is located. Here are some examples of the different eviction laws across Canada:
- In Ontario, landlords can only evict tenants if they have a valid reason, such as the tenant not paying rent or causing damage to the property. The landlord must also give the tenant written notice at least 28 days before the eviction date.
- In British Columbia, landlords can only evict tenants for a valid reason, such as non-payment of rent, damage to the property, or illegal activities on the premises. The landlord must also give the tenant written notice and apply for an eviction order from the Residential Tenancy Branch.
- In Quebec, landlords can only evict tenants if they have a valid reason, such as the tenant not paying rent or causing damage to the property. The landlord must also give the tenant written notice and apply for an eviction order from the Tribunal administratif du logement.
- In Alberta, landlords can evict tenants for non-payment of rent, causing damage to the property, or violating the terms of the lease. The landlord must give the tenant written notice and apply for an eviction order from the Residential Tenancy Dispute Resolution Service.
- In Saskatchewan, landlords can only evict tenants for a valid reason, such as non-payment of rent or damage to the property. The landlord must also give the tenant written notice and apply for an eviction order from the Office of Residential Tenancies.
It is important to note that tenants have rights in the eviction process, such as the right to receive notice and to dispute the eviction. It is advisable for tenants to seek legal advice if they are facing eviction.
Discrimination
Discrimination is a serious issue that can arise in the housing and renting sector, and it’s important for international students and newcomers in Canada to be aware of their rights and the applicable laws. Discrimination can take many forms, including discrimination based on race, ethnicity, religion, gender, sexual orientation, age, and more.
In Canada, it is illegal for landlords to discriminate against tenants on the basis of these characteristics. This includes advertising rental units in a discriminatory manner, refusing to rent to a tenant, or evicting a tenant based on discriminatory reasons.
If you feel that you have been discriminated against in the housing and renting sector, you can file a complaint with the Canadian Human Rights Commission or with your provincial or territorial human rights commission. These organizations can investigate complaints and take legal action against landlords who engage in discriminatory practices.
It’s important to note that landlords are allowed to ask for certain information when screening tenants, such as credit checks and references. However, this information should be used solely for the purpose of assessing the tenant’s ability to pay rent and maintain the property.
It’s also important to be aware of your own biases and to avoid discriminating against potential tenants when you become a landlord yourself. By treating all tenants fairly and equally, you can help to create a more inclusive and welcoming housing and renting sector in Canada.
Tenant Laws in different provinces of Canada
- Ontario – Residential Tenancies Act (RTA) In Ontario, the Residential Tenancies Act (RTA) is the legislation that governs most residential rental units. The RTA sets out the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Landlord and Tenant Board, which handles disputes between landlords and tenants.
- Quebec – Civil Code of Quebec In Quebec, the Civil Code of Quebec governs residential tenancy agreements. The Code covers issues such as rent increases, security deposits, and evictions. It also outlines the obligations of both landlords and tenants, including maintenance and repair responsibilities.
- British Columbia – Residential Tenancy Act (RTA) In British Columbia, the Residential Tenancy Act (RTA) is the legislation that governs most residential rental units. The RTA outlines the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Residential Tenancy Branch, which handles disputes between landlords and tenants.
- Alberta – Residential Tenancies Act (RTA) In Alberta, the Residential Tenancies Act (RTA) governs most residential rental units. The RTA sets out the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Residential Tenancy Dispute Resolution Service, which handles disputes between landlords and tenants.
- Manitoba – Residential Tenancies Act (RTA) In Manitoba, the Residential Tenancies Act (RTA) governs most residential rental units. The RTA outlines the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Residential Tenancies Branch, which handles disputes between landlords and tenants.
- Saskatchewan – Residential Tenancies Act (RTA) In Saskatchewan, the Residential Tenancies Act (RTA) governs most residential rental units. The RTA sets out the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Office of Residential Tenancies, which handles disputes between landlords and tenants.
- Nova Scotia – Residential Tenancies Act (RTA) In Nova Scotia, the Residential Tenancies Act (RTA) is the legislation that governs most residential rental units. The RTA outlines the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Residential Tenancies Program, which handles disputes between landlords and tenants.
- New Brunswick – Residential Tenancies Act (RTA) In New Brunswick, the Residential Tenancies Act (RTA) governs most residential rental units. The RTA sets out the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Residential Tenancies Tribunal, which handles disputes between landlords and tenants.bnxnsbcn
- Newfoundland and Labrador – Residential Tenancies Act (RTA) In Newfoundland and Labrador, the Residential Tenancies Act (RTA) is the legislation that governs most residential rental units. The RTA outlines the rights and responsibilities of landlords and tenants, including rules about rent increases, security deposits, and eviction notices. It also establishes the Office of the Rentalsman, which handles disputes between landlords and tenants.
Tips and Advice for Newcomers renting a house in Canada
- Research the rental market: Before you start looking for a rental property, research the rental market in your area to get an idea of the average rent, and what kind of properties are available.
- Set a budget: Once you have an idea of the rental market, set a budget that you can afford to pay for rent and utilities.
- Check your credit score: Many landlords will run a credit check on potential tenants, so it’s important to know your credit score and address any issues before applying. You can use a free service like BORROWELL to get your credit score for free.
- Look for rental properties online: Many rental properties are listed online, so start your search on websites like Craigslist, Kijiji, or Rentfaster.
- Be cautious of scams or fraud when searching for rental properties online. Always verify the legitimacy of the landlord and the property before sending any money.
- Attend open houses: Attend open houses to get a sense of what’s available in your budget, and to ask any questions you may have about the property.
- Take photos of the property: Take photos of the property before you move in to document any damage or issues, and share them with your landlord.
- Bring necessary documents: When you’re ready to apply for a rental property, make sure you have all the necessary documents, such as proof of income, employment, and references.
- Research the laws and regulations related to housing and renting in your province or territory before signing a rental agreement.
- Understand the lease agreement: Before you sign a lease agreement, make sure you understand all the terms and conditions, including the length of the lease, the rent amount, and any fees or penalties for breaking the lease.
- Know your rights as a tenant: Each province has its own laws governing tenant rights, so make sure you familiarize yourself with these laws to protect yourself as a tenant.
- Get renter’s insurance: Renter’s insurance can protect your belongings in case of theft or damage, so consider purchasing a policy.
- Communicate with your landlord: If you have any issues or concerns, communicate with your landlord in a respectful and timely manner to resolve them.
- Pay rent on time: Pay your rent on time to maintain a good relationship with your landlord and avoid any late fees.
- Keep the property clean and well-maintained: Keep the rental property clean and well-maintained, and report any issues or repairs to your landlord promptly.
- Keep a record of all communication with your landlord, including maintenance requests and rent payments.
- Understand the process for renewing the lease: If you plan to renew your lease, make sure you understand the process and timeline for doing so.
- Keep the unit clean and in good condition, as you may be held responsible for any damages caused by neglect or misuse.
- Seek permission from the landlord before making any significant changes to the unit, such as painting or installing new fixtures.
- Be aware of the landlord’s right to access the unit for repairs or inspections, but also know your rights to privacy and advance notice.
- Do not sublet or assign the lease without the landlord’s permission, as this may be a violation of the lease agreement.
- Attend tenant association meetings or join online communities to stay informed about the latest tenant issues and laws.
- Be a responsible tenant and a good neighbor. By following the rules and respecting others, you can enjoy a peaceful and comfortable rental experience in Canada.
- Give notice before moving out: If you plan to move out at the end of your lease, give your landlord proper notice according to the lease agreement and provincial laws.
