Home > Business Strategies > Landlord & Tenant > Landlord Tenant Obligations
The RTA sets out the following obligations of the landlord and the tenant:
If the agreement is in writing, the landlord must serve a copy of the agreement on the tenant within 21 days of receipt of the signed agreement from the tenant. The landlord must also either serve a Notice of Landlord, which sets out the name of landlord or the property manager, and a street address and postal address for that person. This Notice must be given to the tenant within seven days of the tenant taking possession or if the premises is in a building or complex with a common area, the landlord may display the Notice of Landlord in a conspicuous place in the common area.
The landlord must ensure that the premises will be available for occupation and will be habitable by the tenant at the commencement of the tenancy; that neither the landlord nor a person having claim to the premises will in any significant manner disturb the tenant's possession or peaceful enjoyment.
The landlord does have the right to enter the premises in the event of an emergency or the tenant has abandoned the premises or after providing the tenant with 24 hours notice. The landlord's entry on such notice must be between the hours of 8 a.m. and 8 p.m. on any day that is not a holiday or Sunday (unless the tenant has notified the landlord that his day of religious worship is on another day). This notice must be in writing, be signed by the landlord or its agent, state the reason for the entry and name the date and time of entry. The landlord's entry after such notice shall only be for the purpose of inspecting the state of repair, making repairs, showing the premises to prospective purchasers or mortgagees or to prospective tenants following the service of notice of termination or during the last month of a fixed term tenancy.
The landlord and tenant must within one week before or after the tenant takes possession inspect the premises and the landlord must provide the tenant with a report of inspection which describes the condition of the premises. The landlord may conduct the inspection in the absence of the tenant if the tenant refuses to take part in 2 inspections which have been suggested by the landlord on days that are not holidays and were to be held between 8 a.m. and 8 p.m.
Neither the landlord nor the tenant shall change or add locks without the consent of the other party. The tenant may however, install a security device provided it can only be put into effect by a person inside the premises and can be installed or removed without damage to the premises or will remain with the premises following termination.
The following obligations of the tenant form part of every residential tenancy agreement:
- rent will be paid when due;
- tenant will not in any significant manner interfere with the rights of the landlord or other tenants, the common area or the property in which they form part;
- tenant will not perform illegal acts or carry on an illegal trade, business or occupation for the premises or the property of which the premises forms a part;
- the tenant will not endanger persons or property on the property;
- the tenant will not do or permit significant damage to the premises or the property of which they form a part;
- the tenant will maintain the premises and any property rented with it in a reasonably clean condition, and
- the tenant will vacate the premises at the expiration or termination of the tenancy.
The landlord's written consent is required for an assignment or sublease by the tenant but the landlord must have reasonable grounds for withholding the consent and must provide the tenant with reasons. No charge can be made for the consent.
If the tenant commits a breach of the tenancy agreement, the landlord may apply to the Court for one or more of the following remedies:
- recovery or arrears of rent;
- recovery of damages caused by the breach;
- recovery of compensation for use and occupation and recovery of possession, if the tenant stays in possession beyond the termination date; and
- termination of the tenancy if the tenant is in substantial breach of the tenancy agreement.
If a tenant abandons the premises (leaves without notice or prior to the termination date set out in a notice), the landlord may either accept the repudiation of the agreement or refuse to accept the repudiation and elects to continue the tenancy in which case the tenant will be responsible for the rent payable until the tenancy term expires. If the tenancy is a fixed term tenancy or until the termination date if the tenancy is a periodic tenancy. But, the landlord has a duty to mitigate the damages by making reasonable efforts to rent the premises to new tenants.
If a tenant has abandoned the premises, the landlord may require any other persons living in the premises to vacate 48 hours after being served with a notice to do so.
The landlord may also require a person who is not a tenant but is living in the premises to vacate on 14 days notice.
If a tenant commits a substantial breach (such as failing to pay rent), the landlord may either apply to the Court for an order terminating the tenancy or serve the tenant with a 14 day written notice of termination. The notice must be signed by the landlord, set out the reason and set out the termination date. The notice become ineffective if the tenant pays all arrears of rent before the termination date or, if the termination is alleged to be for other reasons, the tenant gives the landlord a written notice setting out the ground of objection to the reasons given by the landlord.
If a tenant does or permits significant damages to be done to the premises or the common property or physically assaults the landlord or other tenants, the landlord may either apply to the Court for an order terminating the tenancy or serve the tenant with 24 hour notice of termination. The notice must be in the same form and contain the same information as a notice of substantial breach. If the tenant has not vacated the premises within 10 days after the termination date, the landlord must apply within that period to the Court for an order confirming the termination. If the landlord fails to make the application within the ten day period, the notice of termination becomes ineffective.
The landlord is also entitled to recover general damages from the tenant who fails to vacate when required. Special damages may be claimed for any liability to new tenants provided such damages could be reasonably foreseen by the tenant as a consequence of his failure to vacate.
If the tenant vacates the premises and leaves personal property on the premises, the landlord may dispose of the goods if it believes the goods have a total market value less than that set out in the government regulations. If the value is greater but the storage of the same would be unsanitary or unsafe or would rapidly deteriorate or the cost of storage would exceed the total market value, the landlord may sell the goods by a means and for a price the landlord believes is reasonable. In all other cases the landlord must store or arrange for storage of the goods for the period set forth in Provincial regulations and thereafter may sell the goods by public auction or by private sale with the approval of the Court. If no bids are received at a public auction, the landlord may dispose of the abandoned goods. Should the tenant seek recovery of the abandoned goods, the landlord must deliver up the same provided the tenant has paid the landlords costs of removing and storing them. The landlord is entitled to deduct his proper costs of removing, storing and selling the goods from the price received and may apply any excess to satisfy any of the tenant's liabilities to the landlord. Any moneys remaining must be paid to the Minister in Favour of the Minister of Finance who will hold the moneys for the tenant for a period of one year.
If the landlord commits a breach of the tenancy agreement or contravenes the RTA, the tenant may
- recover any damages suffered from the breach;
- abate the rent to the extent the breach or contravention deprived the tenant of the benefit of the agreement, and any costs of performing the landlords obligations; and
- make an application to the Court to have the agreement terminated.
A tenancy agreement will end if the premises are damaged to such an extent that either a reasonable landlord would not repair it, or a reasonable tenant would not be willing to remain as tenant.
The landlord cannot require a tenant to pay a security deposit greater than one month's rent. Nor can the landlord increase the security deposit. The security deposit must be deposited in an interest bearing trust account within 2 banking days of receipt. The landlord must pay to the tenant interest on the security deposit at the rate set out in the regulations or such higher amount as agreed upon. The payment is to be made annually unless the tenant agrees otherwise in which case the interest is to be compounded annually.
The landlord must deliver the security deposit to the tenant within ten days of the termination of the tenancy unless it is entitled to a deduction in accordance with conditions agreed upon with the tenant and it provides the tenant with a statement of account showing the tenant the amount of the deposit used. If the landlord is unable to determine the correct amount of the deduction, the landlord can make an estimate of the anticipated amount but must provide the balance and a final account within 30 days. If the landlord fails to deliver the security deposit or the balance,the tenant can make an application to the Court for the same. The landlord is not entitled to make any deductions if the provisions regarding inspection of the premises at the beginning of the tenancy have not been complied with.