Landlord/tenant law in Canada is a complex and ever-evolving area of law. It governs the relationship between landlords and tenants, and sets out the rights and responsibilities of each party.

Landlord/tenant law is regulated by both federal and provincial legislation. The federal Residential Tenancies Act (RTA) applies to residential tenancies in all provinces and territories except Quebec, which has its own provincial legislation. Each province and territory also has its own legislation that applies to commercial tenancies.

Creating a landlord/tenant relationship

A landlord/tenant relationship is created when a landlord and tenant enter into a lease agreement. A lease agreement is a contract that outlines the terms and conditions of the tenancy, such as the rent amount, the length of the tenancy, and the responsibilities of each party.

Landlord’s responsibilities

Landlords have a number of responsibilities under landlord/tenant law, including:

  • Providing the tenant with a habitable rental unit that meets all applicable health and safety standards.
  • Maintaining the rental unit in good repair.
  • Providing the tenant with reasonable access to the rental unit to make repairs or show the unit to prospective tenants.
  • Giving the tenant proper notice before entering the rental unit.
  • Respecting the tenant’s right to privacy.

Tenant’s responsibilities

Tenants also have a number of responsibilities under landlord/tenant law, including:

  • Paying rent on time.
  • Keeping the rental unit clean and in good condition.
  • Notifying the landlord of any repairs that need to be made.
  • Allowing the landlord reasonable access to the rental unit to make repairs or show the unit to prospective tenants.
  • Vacating the rental unit when the tenancy ends.

Terminating a tenancy

Either the landlord or the tenant can terminate a tenancy, but they must follow the proper procedures as set out in landlord/tenant law.

Landlords can only terminate a tenancy for specific reasons, such as if the tenant fails to pay rent or damages the rental unit. Landlords must also give the tenant proper notice before terminating the tenancy.

Tenants can terminate a tenancy for any reason, but they must also give the landlord proper notice.

Disputes

If a landlord and tenant have a dispute, they can try to resolve it informally. If they are unable to resolve the dispute informally, they can apply to the provincial or territorial landlord/tenant board for assistance.

The landlord/tenant board is an independent tribunal that resolves disputes between landlords and tenants. The board can order landlords and tenants to take certain actions, such as making repairs, paying rent, or vacating the rental unit.

Landlord/tenant law is a complex area of law, but it is important for both landlords and tenants to understand their rights and responsibilities. If you have any questions about landlord/tenant law, you should consult with a lawyer or contact your provincial or territorial landlord/tenant board.

This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.

Frequently asked questions about Landlord Tenant Law:

      1. What are the legal requirements for a rental lease agreement?
      2. How much can I increase rent?
      3. How do I evict a tenant?
      4. Who is responsible for repairs and maintenance in a rental property?
      5. Can I enter my tenant’s unit without notice?
      6. Can I charge my tenant a security deposit?
      7. What are my rights if my tenant damages my property?
      8. What are my rights if my tenant stops paying rent?
      9. Can I refuse to rent to someone based on their race, religion, gender, or sexual orientation?
      10. What are my rights if my tenant has a pet?
      11. What are my rights as a tenant?
      12. How much can my landlord increase my rent?
      13. How do I dispute a rent increase?
      14. What happens if I can’t pay my rent?
      15. Can my landlord evict me without notice?
      16. What are my rights if my landlord doesn’t make necessary repairs?
      17. What are my rights if my landlord enters my unit without notice?
      18. Can my landlord keep my security deposit?
      19. What do I do if my landlord damages my property?
      20. What are my rights if my landlord discriminates against me?