The landlord/tenant relationship is important. As issues arise, know what it takes to make it work over the long term.

Moving day

Now that you have decided to rent, it is important to plan for moving day accordingly. 

Some people arrange for an overlap period when moving from one residence to another. While paying 2 rents may be costly, it does offer more time to pack, move and set-up your new place.

Being organized and planning ahead to ensure the moving van has been booked, and utilities are hooked up when you arrive is critical. 

Don’t forget to number your moving boxes and keep an inventory so that you can be sure you haven’t overlooked a box.

TIPS FOR TENANTS…

The Office of Consumer Affairs provides information on how to choose a reputable, ethical and professional moving company, and provides a handy checklist to help you in your search:

The consumer checklist for choosing a moving company

If you are moving to a new province or territory and have a car, make sure to allow for enough time to pass any inspections necessary, and to get your new license plates. 

Even if you are simply moving across town, make sure you update your driver’s license and registration as soon as possible. The window for making these changes is usually quite short.

TIPS FOR LANDLORDS…

Make sure you conduct a move-in inspection with your tenant and document the condition of the rental unit by taking photographs or video on your smartphone. When the inspection is complete, you and your tenant should both sign a worksheet that documents any previous wear and tear to the property. Some provinces or territories have their own worksheets that must be completed by law.

Landlord/Tenant responsibilities

Landlords are legally obliged to ensure that the rental unit complies with the rules and regulations pertaining to minimum standards for:

• Health
• Safety
• Housing
• Maintenance

Before renting a property, it must meet:

• Municipal property standards
• Zoning bylaws
• Fire safety regulations
• Local building codes.

It is the landlord’s responsibility to ensure that acceptable standards are maintained throughout the duration of the tenancy.

Landlords must:

• Maintain the tenant’s home in a good state of repair and fit for habitation and at the landlord’s expense comply with health, safety, housing and maintenance standards.
• Always ensure a reasonable supply of fuel, electricity, hot and cold water and other utility services (cable, Internet) unless the tenant has agreed to obtain and pay for these services.
• Not interfere with the reasonable enjoyment of the premises by the tenant and the members of their household, or their guests.
• Not seize, without legal process, a tenant’s property for rent default or for the break of any other obligation of the tenant.
• Not harass, obstruct, coerce, threaten or interfere with the tenant.

Tenants must:

• Pay the rent on time.
• Behave well, clean the rental premises, repair damage caused by a willful or negligent act of the tenant or a person whom the tenant permits on the premises.
• Not harass, obstruct, coerce, threaten or interfere with the landlord.
• Contact the landlord as soon as possible when a serious problem arises involving repairs or services.
• Permit entry (with proper notice) for repairs or showing of premises for the next tenant or purchaser.

Inspections

“One Ontario resident learned the hard way about the importance of inspections. When she initially moved in, neither she nor her landlord formally inspected the property. When she moved out, she found herself legally and financially responsible for removing a wall that the previous tenants had constructed in the unit.”

It is critical that the condition of the rental unit be documented on moving day.

This will help:

• Note previous damage
• Establish a baseline to evaluate normal wear and tear
• Decide who is responsible for paying for any potential damages that might occur in the future.

For tenants, it will also waive any liability for damages that existed prior to moving in.

Tenants and landlords should always conduct the move-in inspection together.

Download the Initial Inspection Worksheet (PDF)

Did you know? In some provinces, the security deposit is only repayable if the move-in inspection matches the one completed upon moving out.

Located in British Columbia or the Yukon?

A Condition Inspection Report is required by law. Both the tenant and landlord should complete, sign and date the form at move-in and move-out.

Download a Condition Inspection Report for British Columbia (PDF)

Download a Condition Inspection Report for the Yukon (PDF)

Final inspections

When a tenant moves out, they will have to prove that the condition of the rental meets with the landlord’s approval.

Refer to the initial inspection that was completed upon moving in, and compare it with the condition of each room on moving out.

If the rental unit passes the landlord’s final inspection, the lease deposit will be returned.

If the property is in disrepair or unacceptably dirty, the lease deposit, and interest will be used to pay for cleaning and repairing damages.

TIPS FOR TENANTS…

Contact your local fire department to see if they have recently inspected your rental unit for fire safety. If not, many will inspect your place free of charge. They will deal directly with your landlord to make sure your rental is safe.

Also, consider enlisting the help of a friend to make sure your move-in day inspection is as thorough as possible. Use your smartphone to record or take pictures of any problems you find, and make sure to save a back-up of the file for safe keeping.

TIPS FOR LANDLORDS…

Make sure both you and your tenant sign the pre-inspection form and note any building items that need repair or replacement on a room-by-room basis.

Consider taking photographs or even recording both move-in and move-out inspections to help document the condition of the unit.

Maintenance and repairs

Regular maintenance

Regular maintenance will help forecast repairs needed and lower the likelihood of unexpected emergencies.

Some provinces require emergency contact information, even if it’s just the landlord, be posted in a visible place in the building.

Landlords are responsible for maintaining and repairing:

• Appliances (fridge, stove, dishwasher, laundry — if they are included in rent)
• Common areas (halls, lobbies, stairwells)
• Elevators
• Security systems
• Swimming pools
• Gym facilities
• Laundry facilities
• Garbage rooms

Tenants should not be involved in fixing minor repairs unless they have agreed to do so, or if they (or their guests) have caused the damage.

Even if a landlord doesn’t make any necessary repairs, a tenant can’t withhold paying rent. If you do, it can result in eviction.

For landlord-tenant disputes surrounding maintenance and repairs, contact your local rental authority or the Office of the Rentalsman, located in some provinces.

To find out how far in advance a landlord must give notice to enter a rental unit in your province or territory, please consult with the office in that province or territory.

Emergency repairs

Emergencies are considered those that impact the tenant’s health or safety, or put the building or property at risk. By law, landlords must handle and pay for all emergency repairs.

Tenants should always try to contact the landlord at least twice in the event of an emergency, and allow a reasonable amount of time for them to respond.

After that, they can call an external repair person to fix the problem. (See tips for tenants) 

Emergency Repair

• Broken pipe(s) are flooding the premises
• The heating system is not working and it’s cold outside.
• The sewage system is backing up into the premises.
• A defective lock lets anyone enter the unit without a key.
• A short circuit in the wiring is creating a risk of fire and/or electrocution.
• The refrigerator supplied by the landlord isn’t working.

Non-Emergency Repair

• An interior door doesn’t close properly.
• A stove element is burnt out.
• The kitchen sink has a slow drain.
• There is a minor leak in the roof.
• There is a minor leak or dripping in the household plumbing.
• A garage door opener is not working, but manual access is still available.
• There is a cracked pane in an upper window.

Household pests

Pests present serious health hazards to residents.

If a tenant is unable to get rid of them on their own, the landlord is responsible for hiring a professional exterminator who will try to use non-toxic methods to eliminate them if possible.

Common pests include:

• Silverfish
• Mice
• Fleas
• Cockroaches
• Rats
• Bedbugs
• Carpenter ants

Many pest removal companies have information on their websites on what to look for, and tips for eliminating or preventing common pests in residences.

If you are considering renting a place that you suspect might have pests, ask to view the unit after dark or ask other tenants in the building if pests are a problem.

TIPS FOR TENANTS…

If you cannot reach the landlord in an emergency, you can authorize the repair work yourself. 

Ask that the contractor bill the landlord directly. If they can’t or won’t, keep any receipts for items you paid for, and submit them to the landlord for reimbursement.

Avoid paying for anything that isn’t a true emergency as your landlord can refuse to pay you back.

If your belongings are damaged or destroyed because of a problem with the residence, your landlord isn’t responsible for replacing them. Always make sure you have rental unit content insurance.

TIPS FOR LANDLORDS…

Make sure the building you are renting complies with both local and provincial/territorial bylaws and building codes.

Municipal bylaws will stipulate guidelines and standards for: fire and building safety, zoning, and permits. Contact the main branch of your local municipality for more information.

Complaints and evictions

When a problem occurs, both the landlord and tenant must follow the proper steps to resolve the issue. They each have legal rights that protect them in the event of disputes.

For example, a landlord can’t simply lock a tenant out of their home for not paying rent. They must follow proper eviction procedures as set out by their province or territory.

Similarly, a tenant can’t decide to not pay rent just because they don’t agree with their landlord or feel an issue hasn’t been taken care of.

Tenants should always contact the proper rental authorities in their province or territory and follow the steps provided. Refusing to pay rent without court approval is unadvisable and can result in eviction.

Problems relating to repairs

Any problems relating to repairs should be handled in writing. If required, fire, health or building inspectors may intervene in order to prompt improvements. 

Tenants can also file an application to ask the province or territory to order a landlord to make necessary repairs.

Problems relating to the tenancy

If a tenant:

• Is excessively loud or noisy, especially late at night
• Has an unreasonably dirty apartment or living space
• Has too many people in the living space

Then, a landlord can either:

• Ask for changes, either in writing or verbally
• Call the police, if the actions violate local by-laws
• Formalize a complaint through the local rent authority as a last resort.

Eviction notices

Eviction notices must be based on actual violations of the lease agreement and must explicitly state when the premises must be vacated. 

If the rent is late or hasn’t been paid, paying the amount due in full will automatically cancel the eviction notice and allow a tenant to stay.

Did you know? 91% of applications for evictions are for failure to pay rent. Source: Landlord and Tenant Board Annual Report 2009 – 2010.

TIPS FOR TENANTS…

Landlords cannot bully or harass you, or even try to evict you unless the proper legal process is followed and the reason for eviction is valid.

If you are evicted and oppose the reasons given why, you do not have to vacate the premises until an order from the local rental authority is issued. They will give you a new date to move out, which you must follow. You are responsible for paying the rent in full up until the date you leave the premises, however.

Always check with your provincial or territorial rental authority to find out if there are any tenant advocacy agencies near you to help you in the event of landlord complaints and disputes. These organizations will help explain your rights, respond to complaints and protect you against unreasonable or untrue accusations.

TIPS FOR LANDLORDS…

Steps to handling complaints

1. Put complaints and warnings in writing.
2. Get copies of the local noise, parking and garbage bylaws for tenants, neighbors and their agents.  Some municipalities post bylaws on their websites.
3. When appropriate, call the police.
4. Proceed with dispute resolution through legal channels.
5. Make sure to be meticulous and detail-oriented when taking legal action.

Rent increases

Rent increases help a landlord offset the rising costs of building maintenance, and ensure tenants’ homes are safe, clean and in good living condition.

To find out how often rent can be increased, and by how much in your province or territory, please consult with your provincial/territorial office. 

If the cost of rent will be increasing, the landlord must notify tenants in advance. 

How much notice will depend on provincial and territorial guidelines, and will be influenced by:

• Weekly, month-to-month or yearly tenancy
• The anniversary of the lease

Please consult with your provincial/territorial office if you have any questions.

Rent control

In several provinces, rent control is in place for existing tenancies. This means that the landlord cannot increase the rent until the tenant moves out. For existing tenancies, a landlord may be able to propose a rent increase above the “rent increase guidelines” set by the province. However, a landlord must apply to the local rent authority for approval before the increase can take effect.

TIPS FOR TENANTS…

If your landlord doesn’t give you advance notice of a rent increase, you can refuse to pay the increased amount until they do.

If the rent increase affects your finances, you can apply to your provincial authority for a rent reduction in some provinces if:

• The landlord doesn’t make repairs or improvements, or fails to provide services as a condition of a rent increase.
• If municipal taxes have been lowered.
• If a building service or facility is reduced or removed.

When you can’t pay rent

Update March 25, 2020Get all the details about COVID-19: Eviction Bans and Suspensions to Support Renters

Everybody faces financial difficulties from time to time. But failing to pay rent consistently can have serious legal implications, potentially ruin future references and harm your credit rating.

If a tenant doesn’t pay their rent, the landlord can:

• Be understanding of a one-time offence and present an option for paying later.
• Take the tenant to court.
• Seek compensation through the courts for multiple missed or late payments.
• Request help from the provincial or territorial rental authority to order a tenant to move.
• Proceed with eviction either as soon as the rent is late, or after a 3-day grace period depending on the province or territory.

A notice for non-payment of rent must include:

• The amount of rent owed.
• The date the tenant must move out.
• A statement that states the tenant is allowed to disagree with the landlord’s notice.

TIPS FOR TENANTS…

Before losing your home, there are resources available to help you if you can’t pay your rent, including:

• A rent bank — offers services from 1 month’s rent to no-interest or low-interest emergency loans for multiple month’s rent with flexible repayment schedules. You must qualify for assistance. Ask the staff at your local municipality, resource centre or community organization to see if one exists in your city or town.
• Community organizations, charities and religious groups — provide help even if you don’t belong to a particular faith. Many offer assistance in other areas, like food, clothing and daycare, which may ease some of your financial pressure to make rent payments.
• Rent geared-to-income (subsidized, non-profit or social housing) — charges rent at a fixed percentage of your income (usually 30%). You must meet specific requirements and there is a waiting list.
• Your landlord — might negotiate a partial rent payment in exchange for providing services, such as lawn maintenance or painting. Only do this for a short-term or one-time situation.
• Friends, family, and your employer — Even if you feel uncomfortable reaching out, your own network might be able to provide assistance. Consider asking for an advance on your next month’s pay from your employer.

TIPS FOR LANDLORDS…

Procedures and paperwork are extremely important in cases of rent non-payment. If you have a valid reason to terminate a tenancy but make a minor mistake in the paperwork, the provincial or territorial Tribunal may not uphold the action.

Renewing or terminating the lease

When the term of the lease comes to an end — usually after 1 year — tenants have 3 options:

1. Renew the lease

To find out how lease renewal is handled in your province or territory please consult with your provincial/territorial office.

2. Terminate the lease and move out

The tenancy should end according to the lease. Always give proper notice to the landlord in writing. If you fail to give the proper number of days’ notice, you may have to pay for additional months.

Once a notice to end the tenancy has been given, the landlord should be given access to show the rental unit to new applicants provided proper notice to enter the premises has been given.

3. Sublet or assign the lease to someone else

If you have to move from your residence before the lease expires, you are still responsible for paying rent each month until the end of the agreement.

A sublet is a legal arrangement between you and another tenant who becomes a sublessee — a person who will move in, continue paying rent, and respect the requirements of the rental agreement between you and the landlord. You are still responsible for the sublessee’s actions however, including damages and non-payment of rent, so it is important to only sublet to someone you trust.

Application to sublet

Landlord permission is required for subletting. They cannot refuse a request to sublet, but they can decide whether to approve the new selected tenant or not.

Landlords should never charge a fee for subletting.

To find out more about subletting regulations in your province or territory, please consult with your provincial/territorial office.

A landlord and tenant can also work together to find a new occupant with the intention of assigning the lease to them.

There may be legal costs involved with this process and the landlord’s permission will be required. The end-result, however, transfers all of the obligations and risks to the new tenant entirely.

TIPS FOR TENANTS…

Be sure to protect your rental history by giving proper notice. You may need to use your old landlord as a reference in the future.

If you choose to sublet your unit, you can’t charge a sublessee more than what you would normally pay in rent. You can however charge them less and make up the difference yourself as long as the landlord receives the amount specified in the rental agreement.

TIPS FOR LANDLORDS…

Check with tenants whose lease is coming due to find out if they wish to continue renting from you to avoid any surprises.

Moving out

Guide: I am renting

Show Guide Chapters

5 Steps to moving out

• Provide notice to the landlord that you will be terminating the lease.
• Make necessary repairs and clean the unit.
• Review the planning checklist.
• On moving day, both the landlord and tenant should complete the final inspection.
• The landlord returns tenant’s initial deposit, with interest (if applicable).

TIPS FOR LANDLORDS…

If the unit is damaged or dirty, make sure any repairs or cleaning has been completed prior to signing off on the final inspection. 

Ask for payment or withhold the damage deposit, if necessary and if permitted by your province or territory, in order to cover any additional costs you incur.