Important Info for Landlords and Tenants.

Becoming a landlord requires a certain mindset where the landlord operates a business. According to Canadian law, an owner of a residential property has a bundle of rights which are the right of possession, right of control, right of exclusion, right of enjoyment, and the right of disposition. When an owner rents a property, the owner compromises these rights in exchange for rent. The landlord and the tenant have certain rights and responsibilities, as explained in the Residential Tenancy Act (RTA).

Landlords must now use a standard lease for tenants who have entered the unit on or after April 30, 2018. If a landlord does not give a tenant a copy of the standard lease agreement in 21 days, the tenant can withhold one month's rent. 

Under the act, it is illegal for a landlord to:

• Get vacant possession without following the proper process
• Take a tenant's belongings without following the protocol 
• Evict a tenant by being untruthful
• Change the locks without giving the tenant new keys 
• Evict a tenant to renovate without compensation or the right of first refusal at the original rent
• Prevent a tenant from getting their belongings within 72 hours after eviction
  
  

It is an offence for a landlord to cut vital services for hot or cold water, fuel, electricity, natural gas, and heat. A landlord can enter a rental unit by giving a tenant 24 hours written notice before entering. The landlord may gain access to the rental suite between 8:00 a.m. and 8:00 p.m. The landlord can only enter the rental suite for a reason allowed under the act. It is illegal for a tenant to change the locks without the landlord's consent and to deny entry when the landlord gives proper notice.

It is unlawful for a landlord:

• To demand more rent than the act allowed
• Force a potential tenant to buy anything, such as window coverings or furniture from the landlord or the current tenant
• Denying a formal or current tenant request for rent receipts
• Charge additional fees such as damage deposit
• Use a tenant's last month's rent deposit for another reason
• Pay the tenant yearly interest on the rent deposit
  
  

Here are some reasons to evict a tenant:

• Not paying rent
• Paying rent late
• Damage to the rental property
• Illegal activities in the unit
• Affecting the safety and well-being of others
• Interfering with other tenants
• People not on the lease and are living there
• The property needs significant repairs or renovations.
• Personal use by the landlord or a new purchaser
  
  

Tenants can break a lease early if they have experienced domestic or sexual violence. In such a case, a landlord cannot advertise the availability of the rental unit before the tenant moves out and must keep the notice and any supporting documents confidential.

It is not legal for a tenant to assign or sublet a unit without the landlord's consent. Assigning a rental suite means the tenant moves out permanently and transfers their tenancy to another person. Subletting is when the tenant moves out for a specific time but wants to return before the end of the residence. The person who moves in is called the subtenant and pays the rent to the original tenant, who then pays the landlord. 

Suppose the landlord denies the tenant the right to assign or sublet or does not reply in writing to the tenant's request within seven days of receipt. In that case, the tenant can end the tenancy by giving the landlord a tenant's notice to terminate the tenancy (Form N9). If a tenant assigns or sublets a unit without the landlord's approval, the landlord can apply to the rental board to evict the tenant and the subtenant.

A landlord can refuse to rent to someone with pets (except service animals). However, once the tenant moves in and the pet surfaces, a landlord cannot evict a tenant even if both parties agree that the tenant would not have a pet. There are exceptions to this rule when the pet is dangerous or damages the property. You can evict a tenant if the rental unit is in a condominium that does not allow pets. 

The relationship between landlords and tenants is like a marriage; if one party is abusive, it can become dangerous. My advice is to meet each other before committing. This way, you can gauge different personalities. For a marriage to work, there must be some give and take on both sides.