Tenanted Properties

Tenanted Properties Governed by the Residential Tenancies Act Landlord can request rental deposit and credit report references before accepting/rejecting a potential permit Landlord may only ask for income information after asking for rental deposit and credit report references A No Pet Provision (which disallows animals) is not allowed, but there is an exception for condos It must be applicable to ALL residents in condominium through its by-laws in order to have any effect Landlord may make application to evict a person who has a pet under limited circumstances i.e. animal is dangerous/interferes with use of property

Tenanted Properties Rent Deposit Rent Increase Landlord can ask for a maximum 1 month deposit First month contributes to the first month’s rent and the last month is held as a deposit so that it can be applied to the last month’s rent If the landlord keeps the deposit in a bank where it earns interest, the landlord must pay the tenant interest For residential leases, you cannot ask for a 10-month post-dated cheque or any other security deposit Rent Increase Landlord must give 90 day notice prior to expiry Increases are determined by Ministry of Municipal Affairs and Housing

Tenanted Properties Land Lord Right to Entry Proper written notice must be given to tenant Landlord may enter between 8AM and 8PM: To conduct repairs in the rental unit To inspect to make sure the property is in a good state of repair (meets housing, maintenance, health and safety standards) To allow insurer or potential mortgagee to examine the rental unit For any reasonable grounds mentioned in the Tenancy Agreement

Tenanted Properties Entry without notice is allowed if: There is an emergency Tenant consents to entry Agreement allows the Landlord to regularly clean property Landlord wants to show a prospective tenant, if: Either party has given notice of termination or they have mutually agreed to terminate the tenancy If the landlord wants to show the property between 8AM and 8PM, he must make reasonable effort before entry to inform tenant of intention to enter property

Tenanted Properties Lease can be terminated in the following cases: Can be terminated for specific reasons mentioned in the Act – termination must comply with the Act Notice period depends on the particular situation Act lays down following grounds for termination: Non-payment of rent Termination for Cause Misrepresentation of income Illegal acts Damaging the property Interfering with enjoyment or reasonable use of property for other tenants or landlords Too many people occupying premises Impairing safety Repeat of selected causes

Tenanted Properties Amendments to the RTA If tenant causes willful or excessive damage to property, or causes disruption in a small rental building where other tenants or landlords live, notice period can be reduced from 20 days to 10 days Written notice must consist of: Date of tenancy termination Address of the rental unit Signature of terminating party or authorized agent Notice not required if both parties agree to terminate the lease

Tenanted Properties Notice periods for one year lease term For a one year lease, notice for eviction will only apply after the end of the lease If you want to terminate a one year lease that started on 1 January, 2015, you must give notice 60 days before expiry (1 November, 2015) to kick the tenant out on 1 January, 2016 Neither the landlord nor the tenant may terminate the lease before it expires, unless the other party also wishes to do so Landlord may evict the tenant at the end of the lease term if notice is provided in the following manner: 120 day notice if evicting for extensive renovation or demolition 60 day notice if landlord wishes to possess the unit for self and family (not friend) 60 day notice if the landlord wishes to sell the property

Tenanted Properties Termination by tenant Tenant must give 60 day notice if they wish to leave the tenancy No notice is required if both parties mutually agree to terminate the tenancy Termination by tenant Daily/weekly tenancy – 28 days before the effective date of termination (the last day of rental) Monthly/yearly tenancy – 60 days before effective date of termination Fixed term tenancy – 60 days before specified expiration If the landlord gives the tenant an eviction notice, the tenant may give a 10 day notice and leave