Property Law

Section 1: Renting Property

During the Tenancy

You've moved into your new apartment, and you hope to live there for several years. But what if you run into problems? Suppose a neighbour plays loud music every night until 3:00 a.m.? What if your landlord starts letting himself (or herself) into your apartment while you're at work? Just what legal rights do you have in situations like these?

The table that follows outlines some of the principal obligations both you and your landlord have during your tenancy agreement. Once again, remember that a landlord's obligation is your right and vice versa.

Landlord's Obligations
Tenant's Obligations
  • By common law, a landlord must not disturb a tenant's quiet enjoyment of the premises. This means simply that the premises are the home of the tenant; and, as such, the tenant has the right to be left alone to live in them without undue interference.
  • The landlord cannot enter the tenant's home except as the law allows.
  • The landlord must give proper notice if there's to be a rent increase.
  • The tenant must pay the rent on time.
  • The tenant must prevent damage to the premises and keep them reasonable clean and safe.
  • The tenant must be considerate of the landlord and other tenants and must not do things that might endanger them.
  • The tenant must not perform illegal acts or conduct illegal business on the premises.

 

Moving Out

The period of tenancy is now coming to an end. This may be because the lease is up in a fixed-term tenancy, or it may be simply that you want to leave. On the other hand, it may be because your landlord wishes to evict you. The table below runs through both your obligations and your landlord's in a variety of scenarios.

Landlord's Obligations
Tenant's Obligations
  • If a lease is expiring and there's no provision in it saying that notice must be given, a landlord has no obligation. The tenancy simply ends and the landlord is free to rent the property to someone else.
  • If a landlord wants to end a periodic tenancy, proper notice must be given the tenant.

  • A landlord must have a valid reason to terminate a tenancy. Only the following reasons are acceptable:

    • The landlord wants to move into the premises or let a relative move into them. (This situation occurs most often when part of a house has been converted into an apartment and rented out and then the owner wants to take it back-perhaps to let an adult child or an aging parent move in.)

    • The landlord has sold the property to someone who wants to live in it him- or herself or wants it vacant.

    • The landlord wants to demolish the building or make such major renovations that the building has to be empty.

    • The landlord decides to use the premises for a non-residential purpose (such as setting up a business in it).

    • The premises belong to an educational institution (for example, it's a university residence) and the tenant ceases to be a student

  • If the tenant commits a "substantial breach" of the tenancy agreement, the landlord can evict him or her on short notice. A "substantial breach" is something like

    • Not paying rent
    • Seriously bothering or endangering the landlord and/or other tenants
    • Engaging in illegal acts
    • Seriously damaging the premises
    • Not keeping the premises reasonably clean
    • Not leaving when the tenancy agreement has expired

  • In these cases, 14 days' notice is all that's required to evict a tenant. If the situation is extreme, even this time can be shortened. For instance, if a tenant has taken to physically assaulting the landlord or other tenants, he or she can be evicted on a 24-hour notice (recently changed from 48 hours).
  • Within a week, the landlord and tenant must complete a second inspection report to check for damage. Then, within ten days, the landlord must return the security deposit minus any money owing on rent or any money needed for repairs of damage done by the tenant.
  • If a lease is expiring on a fixed-term tenancy, the tenant can simply move out.
  • If a tenant wishes to terminate a periodic tenancy, proper notice must be given. Notice must be in writing and provide precise dates.
  • The tenant should complete a second inspection report with the landlord.

 

 

What if you have a lease but you want to leave before it is up?


 A lease is a contract, so it is legally binding. However, as with any contract, both parties can agree to cancel it; so the best thing would be to talk it over with your landlord. Most landlords will allow you to cancel a lease as long as they have enough notice to rent the place out. If they can't rent it, however, you will likely be liable for any money the landlord loses. Another idea is to sublet the premises or assign your lease — options you'll be looking at shortly.

         

Okay, you now have some idea of my rights as a tenant, at a practical level, what do you do if they have been infringed? How can you make your landlord give back your security deposit if he or she refuses?

The first thing is always to try to work things out with your landlord. If that fails, you should contact the Landlord and Tenant Advisory Board in your area, if there is one; it mediates disputes between landlords and tenants.

And, if there is no such board where you live you can always apply to Small Claims Court (technically, the Provincial Court, Civil Division) for a court order to recover your money in many situations. If the matter is complex, or if it involves a large amount of money, you should consult a lawyer.

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