Landlords and tenants in Canada must abide by numerous laws which must be observed, such as signing a lease agreement, paying rent on time, evicting tenants when necessary and more.
Landlords and tenants should seek advice from an experienced landlord tenancy lawyer when disputes arise between the parties involved, whether mediation or hearings are necessary to settle them. A professional can be instrumental in helping settle these conflicts amicably.
Rental Agreements
Landlords and tenants should both understand the various stipulations regarding rent payments to avoid disputes over financial obligations and payments. An agreement should establish who is liable if damages to property occur, whether there is a security deposit and fees involved, what types of alterations can be made without seeking permission first from their landlord, etc.
The rental agreement should specify how much notice both parties must give if either wants to terminate it and whether or not rent changes based on operating expenses or real estate taxes.
Landlords and tenants each have legal rights and obligations outlined by the Residential Tenancies Act and prior court cases, so having legal advice regarding landlord-tenant matters can help both parties better understand their rights while ensuring any agreements signed are legal. A landlord-tenant lawyer can help both sides to understand these responsibilities as well as ensure any contracts signed are binding legally.
End of Lease Issues
When your lease ends, there are options available. Your landlord could opt to renew it; or you could give notice and choose early termination.
Tenants have rights and laws designed to protect them from unfair treatment from landlords, and these must be honored and respected.
If a landlord violates your rights, you have the option of filing an application to the LTB in order to resolve it. If successful, any damages you are due from them must be reimbursed immediately.
At the conclusion of your tenancy, your landlord must conduct a walk-through and list any damage caused by you, so you may request repairs or receive your security deposit back within 14 days from its due date.
Your landlord cannot charge you for “ordinary wear and tear,” such as replacing carpets or repainting walls that have small holes from pictures hung on them. In addition, rent abatements (reduced rental rates) should your landlord undertake maintenance, repairs or capital improvements on the property.
Security Deposits
Damage Deposit or Security Deposit are amounts that landlords in certain provinces require their tenants to pay in order to cover damages that go beyond normal wear and tear. These deposits are regulated by provincial laws and include rules for their proper deposit.
Landlords typically view deposit provisions as a reservoir from which to draw if their tenant fails to fulfill his or her lease obligations, however a recent court case in Alberta (Alignvest Private Debt Ltd v Surefire Industries Ltd) could alter that perspective.
If you are a landlord or tenant having issues with their rent payments, consulting with a lawyer who specializes in rental law may be the way forward. LegalShield Home Business Supplement gives access to experienced lawyers who specialize in rental law who can help address specific legal needs (e.g. security deposits). Learn more about this unique feature of LegalShield plans!
Human Rights
Under international human rights agreements, the Canadian government has agreed to take steps towards realizing the social and economic rights outlined in the Universal Declaration of Human Rights – such as adequate housing.
Landlords must provide nondiscriminatory housing accommodations once they become available for rent. Housing providers cannot discriminate based on any grounds stipulated in the Code, such as age, sex, religion, language proficiency, cultural practices or type of income source.
Tenant screening that violates any of these Code grounds can result in human rights complaints against landlords. For example, in Matyson v. Provost a Saskatchewan human rights tribunal found that landlords who refused to rent to common-law couples due to religious objections was engaging in discrimination. Landlords can solicit income information from potential tenants without discriminating based on source type or level of steady income.
If you are a landlord оr tenant facing legal issues, contact the experienced Levitt Di Lella Duggan & Chaplick LLP – landlord lawyers for help.