What responsibilities do landlords have?
· The landlord must give tenants a written copy of the tenancy agreement within 20 days after the tenant has signed the agreement. The tenant’s obligations to the landlord are posted until he or she is given a copy of the agreement.
· The landlord cannot ask a tenant to pay more than one month’s rent in advance.
· The landlord must invest security deposits in a separate trust account in an authorized financial institution. He or she must return the tenant’s security deposit with interest within five days of the tenant leaving, if the landlord has no claims for damage, cleaning or unpaid rent.
· The landlord must keep the residential dwelling and common areas in a good state of repair, and comply with all health, safety and housing standards set by law.
· The landlord must keep the appliances in good repair and make sure that the utilities (water, power, gas) work.
· The landlord cannot enter the tenant’s premises unless he or she has made an appointment and has given the tenant at least 24 hours notice, except in cases of emergency or where the landlord has the right to show the premises after the tenant has given notice of termination.
· The landlord cannot increase the rent unless notice has been given to the tenant at least three weeks before the increase, if the tenancy is weekly, or three months if the tenancy is monthly or yearly.
What are the responsibilities of the tenant?
· The ordinary cleanliness of the dwelling and repair of any damage caused by themselves or their guests.
· To not carry on an illegal business in the dwelling, or cause a disturbance to other people on the premises.
What if I want to end the tenancy agreement?
· To discontinue a tenancy agreement a landlord or tenant must give a written notice of termination based on the rental period. For example, one week’s notice is required for a weekly tenancy. However, a landlord may terminate a tenancy agreement immediately by serving notice of termination if:
ºthe tenant fails to pay the rent for 15 days or longer
ºthe tenant commits or permits an illegal act, or conducts an illegal business in the dwelling
ºthe conduct of the tenant, or his or her guest, causes a disturbance
ºafter receiving seven days written notice, the tenant has failed to keep his or her dwelling or the common areas clean or to repair damage caused by the tenant or his or her guest.
My landlord and I are having a dispute. Who can help us resolve it?
An application for an order respecting any residential tenancy dispute may be made by the landlord or tenant to the Office of the Rentalsman for a $20.00 application fee. The Rentalsman may direct an investigation into the matter, hold a hearing and issue a written notice of the hearing to all people concerned. Submissions to a hearing may be made orally, by telephone or in writing, and the other party must have the opportunity to counter the submission.
After the hearing the Rentalsman may make any order he or she considers fair, including:
· directing any person to comply with the legislation or a tenancy agreement
· requiring the payment of damages, or directing that repairs be made and costs be recovered from the person responsible
· ordering that the tenancy be terminated, and granting possession of residential premises
· making a further order enforcing tenants’ rights or an order enforcing landlords’ rights as the Rentalsman considers appropriate.
Any person who disagrees with a decision or order of the Rentalsman may appeal on a question of law or of jurisdiction of the Rentalsman to the Court of Queen’s Bench within 30 days of the decision.
What is a security deposit?
A security deposit, or damage deposit, is money paid to a landlord by a tenant as security for damage, cleaning and unpaid rent.
How much can the security deposit be?
The security deposit can be up to one month’s rent.
Does the entire amount of the deposit have to be paid at the beginning of the rental agreement?
No. A landlord may require the tenant to pay up to one-half of the security deposit at the beginning of the tenancy, or within 30 days of receipt of a written demand for payment. The remainder is due within two months or 60 days after recept of demand for payment.
What happens to the deposit at the end of the tenancy?
After the tenancy agreement ends, the landlord has seven business days to return the security deposit to the tenant, along with any interest owed. If there is a disagreement, the landlord must file an application with the Rentalsman for a hearing to resolve the dispute. The Office of the Rentalsman will attempt to notify the tenant of the claim. If the tenant disputes the claim, a hearing will be convened, and the landlord pays the security deposit and interest in dispute into the Office of the Rentalsman.
If the landlord and tenant agree to withhold some or all of the security deposit, the tenant may consent in writing, and the Rentalsman will not be involved.
What happens if the landlord does not return the security deposit or ask for a hearing within seven business days of the end of tenancy?
The landlord can still make an application after the seven-business-day period. However, the Rentalsman will order that the security deposit and any interest be paid to the tenant, unless exceptional circumstances prevented the landlord from complying with the requirements. The Rentalsman must be satisfied that it would be unfair to release the security deposit to the tenant.
What types of circumstances does the Rentalsman consider exceptional?
The Act states that exceptional circumstances may exist where:
· the landlord is not in the business of rental residential tenancies
· the landlord has not previously been involved in an application to determine the disposition of a security deposit
· the landlord gives proof that they did not intentionally fail to comply with the requirements.
The Rentalsman may consider other circumstances exceptional, depending on the facts of each case.
Does the tenant have to wait for the landlord to make an application?
No. If the landlord and tenant have not agreed in writing about what to do with the security deposit and the landlord has not returned the deposit or made an application for a hearing within seven business days after the end of the tenancy, the tenant may apply for an exparte order requiring the return of the security deposit. An exparte order means the tenant does not need to give the landlord notice of the application.
(Source: Public Legal Education Association. Reprinted with permission.)