Intellectual Property Law Blog Header

Frequently Asked Questions (FAQs) About Landlord/Tenant Law in Canada 

What is a tenancy agreement?

A tenancy agreement is a legal document that outlines the rights and responsibilities of both a landlord and a tenant. It typically includes details such as the rental unit, rent amount, term of the tenancy, and rules and regulations.

What are the different types of tenancy agreements?

There are three main types of tenancy agreements in Canada:

  • Fixed-term tenancy: This type of tenancy has a specific start and end date.
  • Periodic tenancy: This tenancy continues month-to-month or year-to-year unless either party terminates it by giving notice.
  • Tenancy at will: This is a tenancy with no fixed term. Either party can terminate it at any time with reasonable notice.
What are the rights and responsibilities of a landlord?

Landlords have the right to:

  • Collect rent on time
  • Inspect the rental unit with reasonable notice
  • Make necessary repairs to the rental unit
  • Evict a tenant for non-payment of rent or other breaches of the tenancy agreement.

Landlords are responsible for:

  • Providing a safe and habitable rental unit
  • Maintaining the rental unit in good repair
  • Returning the tenant’s security deposit within a specified timeframe.
What are the rights and responsibilities of a tenant?

Tenants have the right to:

  • Live in a safe and habitable rental unit
  • Make minor repairs and deduct the cost from their rent (with landlord’s approval)
  • Quiet enjoyment of the rental unit
  • Privacy.

Tenants are responsible for:

  • Paying rent on time
  • Maintaining the rental unit in good condition
  • Complying with the terms of the tenancy agreement.
What is a security deposit?

A security deposit is a sum of money that a tenant pays to the landlord as a guarantee of performance. It is typically used to cover any damage to the rental unit or unpaid rent.

What is the landlord and tenant tribunal?

The landlord and tenant tribunal is a specialized court that deals with disputes between landlords and tenants. It provides a more informal and efficient way to resolve disputes than going to court.

What is eviction?

Eviction is the process of removing a tenant from a rental unit. It can be carried out for various reasons, such as non-payment of rent, breach of the tenancy agreement, or illegal activity.

What is rent control?
Rent control is a government policy that limits the amount of rent a landlord can charge for a rental unit. It is designed to protect tenants from excessive rent increases.
What is subletting?

Subletting is when a tenant rents out all or part of their rental unit to another person. Landlords may have restrictions on subletting in their tenancy agreements.

What is a notice to quit?
A notice to quit is a document that one party (either the landlord or the tenant) gives to the other party to terminate the tenancy. The notice period varies depending on the type of tenancy and the laws in the province.

These articles are for general informational purposes only and are not legal advice. Contact us today to discuss your specific situation.