Landlord
Landlords are legally free to choose among prospective tenants as long as their decisions comply with these laws and are based on legitimate business criteria. Landlords must apply selection standards, such as requiring a minimum income and a good credit report, equally to all tenants.
The Residential Tenancies Act allows a landlord to evict a tenant for a landlord’s personal use or for a purchaser’s own use.
- Landlord’s Personal Use: If the landlord requires the use of your property for the purpose of residential occupation by the landlord or by certain family members of the landlord.
- Purchaser’s Own Use: If the landlord has entered an agreement of purchase and sale, the landlord may apply to evict tenant on behalf of the purchaser if the purchaser requires the use of your apartment for the purpose of residential occupation by the purchaser or by certain family members of the purchaser.
- approved family members: this eviction can only be used if one or more of the following people want to move into your property:
- – the landlord or the landlord’s spouse
- – the child(ren) of the landlord or the landlord’s spouse
- – the parent/s of the landlord or the landlord’s spouse
- – A person who will provide care services to any of the above and will be living in the same building as the person who needs the care.
- If you have a monthly tenant, you must give at least 60 days notice in writing that you want the tenant to leave, you cannot evict the tenant for this reason until the last day of the lease period.
Form N12 is a notice to end the tenancy that can be given to the tenant if the rental unit is required for residential use by someone such as a landlord, purchaser, or landlord’s family member.
N4 is a notice to end tenancy for non-payment of rent.
A landlord must provide 24 hours written notice to enter a unit and can only enter an occupied rental unit:
- if something needs to be fixed
- to do a maintenance inspection
- if you have given notice to move out, and the property owner is showing your apartment to new tenants.
The landlord must keep the building and the rental units in a good state of repair complying with all health, safety, housing and maintenance standards. Landlords are responsible for repairs even if the tenant knew about problems before agreeing to rent the home.
The landlord is responsible for fixing anything that breaks or does not work properly (e.g., a broken refrigerator, a clogged drain or leaking pipes).
The landlord is responsible for getting rid of pests (e.g., cockroaches and mice). Tenants should work cooperatively with landlords and abide by any treatment plans to achieve pest removal.
Tenant
- Standard rental application
- Government Photo ID- A copy of your driver’s license or any ID’s that has a picture on it.
- Credit report – you will need a Full personal credit report for each person signing a lease, you can download your credit report from following websites: equifax.ca , www.transunion.ca
- Employment letter- contact your employer and ask for an employment letter that shows your current monthly income or yearly salary, position held and length of time at the company.
It is recommended that you have all these required documents as soon as possible. It will be required to be submitted with any offer to rent.
When a lease expires, a tenant can move from the property, renew a lease, or continue to pay rent as a month to month tenant. If you offer a lease renewal, agreement is at the tenant’s choice. If they choose not to renew a lease, they must vacate the property in accordance with the expiring lease.
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you need to give at least 60 days notice in advance.
-Non payment of rental fee
-Violation of lease agreement
-Causing significant damage to property
-Illegal or Drug-Related Criminal Activity
The Residential Tenancies Act allows a landlord to evict a tenant for a landlord’s personal use or for a purchaser’s own use.
- Landlord’s Personal Use: If the landlord requires the use of your property for the purpose of residential occupation by the landlord or by certain family members of the landlord.
- Purchaser’s Own Use: If the landlord has entered an agreement of purchase and sale, the landlord may apply to evict tenant on behalf of the purchaser if the purchaser requires the use of your apartment for the purpose of residential occupation by the purchaser or by certain family members of the purchaser.
- approved family members: this eviction can only be used if one or more of the following people want to move into your property:
- – the landlord or the landlord’s spouse
- – the child(ren) of the landlord or the landlord’s spouse
- – the parent/s of the landlord or the landlord’s spouse
- – A person who will provide care services to any of the above and will be living in the same building as the person who needs the care.
Form N12 is a notice to end the tenancy that can be given to the tenant if the rental unit is required for residential use by someone such as a landlord, purchaser, or landlord’s family member.
A key deposit is an amount of money a tenant gives a landlord to hold until the safe return of the key(s) to a rented space. This deposit may include the key to the unit, as well as the key to a building’s main entrance, garage and other shared spaces.
1.5%
At the end of August, the government was obliged by law to announce the rent guideline increase, which was set at 1.5% for 2021. This would have meant that if you pay $1,000 in rent for your apartment, your rent for 2021 could increase to $1,015.
Tenants are responsible for fixing any damage that they or their guests cause.
If you are facing maintenance issues that your landlord has not dealt with, do not withhold rent. If you withhold your rent to get repairs done, the property owner may apply to evict you.
If the property owner has filed an eviction application against you, you may bring up any repair and maintenance issues at the hearing.
Eviction Process?
If there are any issues or tensions between a tenant and their landlord during the tenancy it is important that these issues are documented including any correspondence between the tenant and landlord.
If a tenant has received an informal letter asking them to move out or received a Notice to End Tenancy form (N4, N5, N6, N7, N8, N12, or N13) from their landlord, this is not an eviction and it does not mean they will have to move out. Tenants can fight the eviction if they think their landlord does not have a valid reason for issuing the eviction notice.
Landlords must file an L-form Application with The Landlord and Tenant Board. This starts the application process.
After the landlord files an application, The Landlord and Tenant Board will give a tenant Notice of Hearing. A Notice of Hearing sets out the date, time and location of the hearing scheduled before The Landlord and Tenant Board.
Under exceptional circumstances (usually medical), a tenant may be able to reschedule the hearing date.
- Write down everything that happened and when;
- Make a list of the evidence the landlord may want to present;
- Make a list of any witnesses the tenant would want to speak at the hearing and think about what the tenant would want them to say;
- Gather any relevant requests that have been made to the landlord;
- Gather any relevant photos, videos, pictures, screenshots;
- Gather any relevant letters from physicians, social workers, or caseworkers;
- Gather any relevant letters, notes, forms or communications from the landlord.
It is important to attend the hearing. When a tenant does not appear at their hearing to represent their case, the landlord’s eviction application is granted unless there were administrative/technical errors made.
Tenants may represent themselves or obtain legal representation at the hearing. It is important to find legal representation if you are able to access it.
ent
If The Landlord and Tenant Board orders an eviction, they will send the tenant an eviction order. This order can be legally acted upon by the Enforcement office (also known as the Sheriff). It is only at this time – when a tenant can receive an eviction order from The Landlord and Tenant Board – that they need to move out.
If a tenant disagrees with the outcome of a hearing they may file a Request to Review with The Landlord and Tenant Board within 30 days of the order being issued.
If a tenant believes there was a mistake in how the Residential Tenancy Act was applied to their case, they may file an Appeal at Division Court.