Rental Issues: Landlords

What should I do during a tenancy?

• Remember, the tenancy begins on the date the tenant is entitled to move into the unit, even if the tenant didn’t actually move in on that day.
• Even though you don’t need to use the standard form of lease at the time of the signing, you must give the tenant a signed copy of the standard lease within 30 days of their request, or the tenant is allowed to withhold one month’s rent.
  • You must also provide your contact information on the standard lease. It is required by the Residential Tenancies Act.
• You must make sure that your rental property is in a good state of repair (fit for habitation), and complies with all the provincial and municipal health and safety regulations.
  • This is true even if the tenant was aware of the problems when they decided to rent the unit.
• You must not demand any deposits except the first and last month’s rent deposit.
  • The (last month’s) rent deposit cannot be used for anything except paying for the rent in the last month of the tenancy.
• You must not shut off/interfere with the supply of vital services to a rental unit:
  • heat (from September 1 to June 15)
  • electricity
  • fuel (i.e. natural gas, oil)
  • hot and/or cold water
• You must not interfere with the tenant’s reasonable enjoyment, including but not limited to
  • harassing, obstructing, coercing or threatening a tenant
  • changing the locks without giving tenant replacement keys
• You must not enter the rental unit without written notice, unless:
  • There is an emergency
  • The tenant consents at the time of entry
  • The lease requires the landlord to clean the unit
  • The previous tenancy is ending, so the landlord is showing off the unit to a new tenant
  • You can enter the rental unit with a 24-hour written notice (between 8 AM and 8 PM) for reasons including but not limited to:
    • making repairs (or to look at the damage to see if a repair is necessary),
    • allowing a potential buyer, insurer, or mortgagee to view the unit,
    • using other reasons specified in the lease…
• You must not unreasonably refuse a request to sublet, but you can refuse a request to assign.
  • Sublet: occurs when a tenant moves out of the rental unit temporarily and plans to move back in before the end of the tenancy.
  • Assign: occurs when a tenant moves out of the rental unit permanently before the end of the tenancy and transfers the tenancy to someone else.
  • Note that a tenant can only sublet or assign with the consent of the landlord.
• You are entitled to receive rental payments when they are due.
  • Non-payment of rent and persistent late payment of rent are both valid grounds for the termination of the tenancy.

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What should I do after a tenancy (termination)?