Renting in Canada

August 7, 2013 By Rochelle Johannson
Print This Post

Deposits and Fees

There are a wide variety of deposits and fees charged by landlords across Canada. Sometimes they are refundable (key fees), sometimes non-refundable (pet fees), sometimes only used for one specific thing (last month rent), sometimes charged only if the tenant breaches (late rent fee or NSF fee). Most provinces allow for landlords to charge a security deposit, which is also called a damage deposit.
Essentially, a security deposit is money that the tenant pays to the landlord, on condition that it will be returned if certain things are done. When the landlord receives the money, they are usually required to protect this money somehow, usually by putting it in a trust account. In New Brunswick, the landlord pays the security deposit amount to the Office of the Rentalsman, who then holds the money until the tenant moves out. Regardless of where the money is held, when the tenancy is over, the landlord can use this money, or apply to use this money, to cover expenses that the landlord has incurred because of the actions of the tenant. Common reasons why a landlord would be allowed to keep the money are to cover damages beyond normal wear and tear to the property; last month’s rent (if last month rent has not been collected through a rent deposit); and any other fees that the tenant still owes.
With regard to the last month’s rent, in Ontario, the law allows the landlord to collect a rent deposit, but not a damage deposit. This means that the landlord can only use the deposit collected to cover unpaid rent of the tenant. If there are damages to the unit that the tenant is responsible for paying, then the landlord would have to make an application against the tenant to collect those funds.
When there are any fees or deposits, the landlord and the tenant should both know:

the amount of the deposit or fee that is going to be charged;

if it’s refundable or non-refundable;

the reason the deposit is being collected; and

what specifically the deposit can be used for.

Lease Agreement

There is not a lot of consistency across the country regarding requirements for written lease agreements. Some provinces have developed forms for their landlords and tenants to use, while other provinces have left it completely up to the landlord and the tenant as to what terms will be included in the lease. Most provinces do not require written leases, but all provinces share the requirement that if there is a written lease, then the landlord must provide a copy to the tenant within a specific amount of time.

Rent Increases

Rent increases are typically handled in one of two ways in Canada: either the amount of the increase is controlled by the government, or there is no limit on the amount that the rent can be increased. In provinces that have rent control laws, the rent can only be increased by a percentage amount that the provincial government sets. If landlords wish to raise the rent more than the percentage amount, they must receive permission to do so. In provinces where there are no rent controls, landlords can increase the rent by whatever amount the landlord determines is appropriate. Regardless of whether the rent is controlled or not, all provinces have notice requirements that must be followed by the landlord.
The notice requirements are provided so that the tenant has enough time to provide the landlord with notice to terminate the tenancy if the tenant cannot afford the increased amount of rent.
Fixed term tenancies are different. Some provinces allow rent increases during the fixed term if the rental agreement states the rent is going to be increased; some provinces do not allow the rent to be increased during the term of the tenancy at all; and some just require notice.

Ending a Tenancy

Periodic tenancies can be ended at any time by the tenant, so long as the tenant provides the landlord with the proper amount of notice. The landlord, on the other hand, cannot usually terminate periodic tenancies without having a specific reason that is allowed by the provincial legislation. If the landlord does fall into one of the reasons allowed by the law, then the landlord must also meet proper notice periods.
Fixed term tenancies are for a set period of time. Some provinces require that notice be given to end these tenancies, and some do not. Sometimes, a landlord may not be able to terminate the tenancy simply because the fixed term is over. In other words, the lease will automatically renew unless the landlord has another reason of why the tenancy must end.
Eviction procedures and timelines vary widely across the provinces as well. If a tenant is served with a notice, he or she should read the notice carefully to find out if there is a deadline. A tenant usually only has a limited amount of time to object or make an application against the landlord.

Provincial Quirks

There are some provinces that have some unique terms in their renting laws.

Manitoba’s law contains an early termination section that allows a tenant to terminate a lease on one month’s notice if there is domestic violence or stalking.

Nova Scotia allows the tenant to end the tenancy early for a variety of reasons, including health deterioration and lowered income.

With regard to rent increases, some provinces provide that a rent increase runs with the property. This means that in Prince Edward Island, Nunavut and the Northwest Territories, if the landlord gives a rent increase notice, and the tenant moves out, then the landlord must charge new tenants the same amount as was stated in the notice. In other provinces that do not have rent control laws, landlords could increase the rent for current tenants, and if that tenant moves, then they could charge a different amount of rent to new tenants.

The Northwest Territories also has very interesting laws regarding when a landlord could provide termination notices to tenants. There are special rules regarding landlord’s who rented out their only property in the NWT.

This column was produced with the generous support of the Alberta Real Estate Foundation.

Five Things Every Tenant Should Know Co-Tenants and Co-Responsibilities I’ve Been Good. Can My Landlord Make Me Move? Renting with a Pet

Five Things Every Tenant Should Know

Co-Tenants and Co-Responsibilities

I’ve Been Good. Can My Landlord Make Me Move?

Renting with a Pet

http://www.lawnow.org/renting-in-canada/

--------------

IT'S ILLEGAL 2 CHARGE RENT OR SECURITY FOR PETS IN CANADA,....

Renters pay pet deposit, not pet rent

Pets may cost you a place to live or a deposit

by Romana King
November 3rd, 2014

Would you be surprised if your landlord asked you for a pet security deposit? What if your landlord asked you for pet rent? In the US, more and more landlords are starting to tack on $10 to $50 per month in what is known as “pet rent.” You can read the story on the Canadian Business site here.

Now, if you’re a renter, don’t worry: Landlords in Canada cannot charge pet rent. It’s totally and utterly illegal.

Landlords can, however, charge pet security deposits at least in the vast majority of provinces and territories (and the law is ambiguous in others).

But why? Why would a landlord bother to ask for a sum of money just to cover potential, future damage by Fido or Kitty? That’s how one landlord I knew responded when asked, two years ago, if he would charge a pet deposit.

Then came the professional tenants. Renters who know how to work the system and take advantage of the law in order to live rent free, at least for a while.

After almost eight months of Tenant Board hearings my friend, the landlord, was eventually allowed to legally evict this family. It was only then he realized the amount and extent of damage that was done to the unit—most of which was done by a dog. The dog had defecated and urinated so frequently in the marble-tiled vestibule that the tiles were now permanently stained yellow and the house stunk of urine and feces. After an almost $10,000 clean-up charge—that included having to jack-hammer out the soiled tiles—my friend decided it was time to charge a “pet deposit.”

His rationale was this: If a tenant wants to own a pet, then they’d have to fork over some “insurance money for any anticipated costs spent on cleaning up after their pet.”

It’s sad, really, since the vast majority of renters are extremely respectful.

Still, it’s good to know which legal leg you stand on, whether you’re a renter or a landlord. That’s why I compiled a list of the pet deposit laws (and the renting laws regarding pets) in each of Canada’s provinces and territories. The information is gleaned from CMHC documents.

Alberta:

No legal rules defining whether or not landlords can charge pet security deposits.
Landlords are allowed to refuse to rent to a tenant with pets but the tenanacy agreement (ie: lease) must state this.

British Columbia:

Landlord’s can charge 1/2 a month’s rent for a pet damage deposit (and this is in addition to any other deposit, such as a security deposit, or a key deposit).
A landlord can request a pet security deposit at any time during the tenancy, once a pet is brought into the unit.
A landlord may prohibit pets in a rental unit, but must include this exclusion in the tenancy agreement (and it must begin when the tenancy begins or the renter must voluntarily agree to an amendment during the tenancy).

Manitoba:

Landlord’s can charge 1/2 a month’s rent for a pet damage deposit.
A landlord can refuse to rent to a tenant if they have a pet.
If new management takes over a rental building and wants to impost a no pets rule, then existing tenants with existing pets would be allowed to keep these pets, but would not be allowed to replace them.

Newfoundland & Labrador:

There are no legal rules defining whether or not landlords can charge pet security deposits.
A landlord can refuse to rent to a tenant if they have a pet.
If a lease states that pets are allowed, or the lease does not address this issue, then pets are permitted in the rental unit.

New Brunswick:

There are no legal rules defining whether or not landlords can charge pet security deposits.
A landlord can refuse to rent to a tenant if they have a pet.
Pet restrictions are strictly linked to a rental unit, not a person. That means that a “no-pets” clause in a residential lease may prohibit a renter from having a pet in the rental place, but doesn’t prevent the renter from owning a pet.
If a lease states that pets are allowed, or the lease does not address this issue, then pets are permitted in the rental unit.

North West Territories:

An additional pet deposit of no more than 50% of one montht’s rent can be charged by the landlord.
Within 10 days of a renter lawfully vacating a rental unit, the landlord must return the pet security deposit, with interest, and give the tenant an itemized statement of account for any part of the security deposit that is retained by landlord.
A landlord can keep all or part of the security deposit for repairs of damage caused by a tenant and their pet.
A landlord can refuse to rent to tenants because of pets.

Nova Scotia:

There are no legal rules defining whether or not landlords can charge pet security deposits.
A landlord can restrict pets in rental unit(s) as long as:

the rules apply to all rental units
are at the start of tenancy or, if amended by the landlord, four months notice is given before the anniversary of the date of the lease.

Nunavut:

There are no legal rules defining whether or not landlords can charge pet security deposits.
A landlord may refuse to rent to a tenant who has pets, unless the lease states that pets are allowed, or the lease doesn’t address this. If, however, the landlord is renting out public housing units, they cannot refuse to rent to a tenant with pets.

Ontario:

Landlords can collect a pet rent deposit that equals up to one month’s rent. However, this deposit cannot be a security deposit (as these are not allowed in Ontario). That means the landlord cannot apply this deposit to any damage caused by the pet and must return the deposit to the renter at the end of the tenancy (with interest, as stipulated by the guidelines).
The Residential Tenancies Act (RTA) doesn’t cover individuals before they become tenants, so a landlord can refuse to rent to tenants with pets.

Prince Edward Island:

There are no legal rules defining whether or not landlords can charge pet security deposits.
A landlord can refuse to rent to potential tenants based on a pet exclusion.

Quebec:

There are no legal rules defining whether or not landlords can charge pet security deposits.
A landlord can refuse to rent to potential tenants based on a pet exclusion. However, a lease must address this issue. If it does not then pets are allowed in the rental unit.
Building by-laws can also prohibit pets, so renters should also review a building’s bylaws before signing a lease.

Saskatchewan:

There are no legal rules defining whether or not landlords can charge pet security deposits.
A landlord can refuse to rent to potential tenants based on a pet exclusion. However, a lease must address this issue. If it does not then pets are allowed in the rental unit.

Yukon:

There are no legal rules defining whether or not landlords can charge pet security deposits.
This territory’s Landlord and Tenant Act doesn’t address the issue as to whether or not landlords can refuse to rent because of pet exclusions.

As a general rule of thumb, the lease has the final word on whether or not pets will be allowed to live in a rental unit and whether or not a pet deposit will be required. Sometimes landlords are open to pets, and a quick discussion could find an amicable agreement to a renter’s desire to have a pet, and the landlord’s desire to protect their investment. However, any agreement reached verbally should be put in writing.

Also, certain kinds of property will have additional restrictions and legal obligations. For example, some condominium buildings won’t allow pets, even if the provincial rules have no restrictions on pets in rental apartments. A tenant must follow the rules of both the province and the condo, or they may face lawful eviction.

For more on rental laws in Canada, check out this great website.

http://www.moneysense.ca/property/rent/renters-pay-pet-deposit-not-pet-rent/

RENTING IN CANADA....

http://www.lawnow.org/renting-in-canada/

-----------

1. Renters pay pet deposit, not pet rent - MoneySense

www.moneysense.ca/property/.../renters-pay-pet-deposit-not-pet-rent/ - Cached

3 Nov 2014 ... Would you be surprised if your landlord asked you for a pet security ... be allowed to keep these pets, but would not be allowed to replace them. ... Nova Scotia: ... the rules apply to all rental units; are at the start of tenancy or, if ...

-------------

NOTE:

If a tenant has lived in the premises for five or more years, they are considered to have security of tenure and the landlord must apply to the Director for permission to terminate the tenancy.

----

landlord & tenant obligations

residential_tenancies_-_landlord__tenant_obligations.pdf
File Size:	796 kb
File Type:	pdf

Download File

Landlord's Obligations

RTA section 9(1) statutory condition 1

The RTA contains Statutory Conditions to which both landlords and tenants must adhere. Some of the landlord’s Statutory Conditions that lead to landlord/tenant disputes are as follows:

Condition of Premises

A landlord has an obligation to keep residential premises in a good state of repair and fit for habitation.

This condition means that a tenant can make an Application to the Director of Residential Tenancies (as will be discussed later) requiring their landlord to make repairs to their rental unit or render it fit for habitation (i.e. exterminate bedbugs or other pests, eliminate mould, obtain necessary occupancy permits, etc…).

The RTA does not contain any provisions for forcing landlords to make repairs, or verifying that necessary repairs are carried out. This means that Residential Tenancy Officers are often reluctant to make orders requiring repairs. One option to compel landlords to make repairs is to request that rent be paid in trust to Residential Tenancies, and only be paid to the landlord once the repairs are completed – this is done via an order of the Director of Residential Tenancies (how to obtain an Order will be discussed later in the presentation).

Another, often times, more effective method of forcing a landlord to make repairs is through Municipal or town By-laws. Some municipalities and towns have by-laws which set out minimum standards for residential occupancy.

Should there be an applicable by-law a successful by-law complaint may result in a landlord being fined if they do not fix the problem that lead to the bylaw violation in a timely fashion.

Entry of Premises

A landlord may only enter a tenant’s premises without consent if:

· There is an emergency;

· Notice of termination of lease has been given and the unit is being shown to a prospective renter at a reasonable hour; and

· If written notice is provided 24 hours in advance of the entry, and the entry is during daylight hour

Entry Doors

RTA section 9(1) statutory condition 8

A landlord cannot unilaterally change the locks on the doors of a tenant’s unit, for any reason (i.e. due to late rent, if a landlord wants to evict a tenant, etc…) during the course of the tenancy.

If a landlord changes the locks on a tenant’s unit the police should be contacted.

If a landlord threatens to change the locks on a tenant’s unit a Residential Tenancy Officer should be notified so that they may contact the landlord, and advise them of their obligations pursuant to the RTA.

Subletting

RTA section 9(1) statutory conditions 5; RTA Regulation 2

A landlord cannot unreasonably or arbitrarily refuse a tenant’s request to sublet their rental unit (i.e. the landlord must have a legitimate reason to refuse a proposed subletter).

A landlord may only charge a tenant for expenses actually incurred as a result of allowing the unit to be sublet. The current maximum fee for subletting that landlords can charge is $75.00.

Abandonment & Termination

RTA section 9(1) statutory condition 6 & RTA section 6(3)

Prior to disposing of any property abandoned by a tenant a landlord must follow the procedure set out in the Regulations.

Should a tenancy end without proper notice a landlord is also under an obligation to limit their financial damages as much as possible – i.e. by making an honest effort to re-rent the rental premises as quickly as possible.

Good Behavior

RTA section 9(1) statutory condition 3 & RTA section 9(A)

A landlord must not act in a way that interferes with a tenant’s possession or occupancy of their rental premises.

Landlord's Rules

While not a statutory condition, a landlord also has obligations with respect to making rules for tenants.

A copy of rules must be provided to tenants prior to signing their lease, and 4 months notice is required to change or repeal a rule.

Landlord’s rules must also be ‘reasonable’. In order to be considered reasonable a rule must meet the following criteria:

It is intended to:

· Promote a fair distribution of services and facilities to all tenants;

· Promote the safety, comfort or welfare of tenants or people working in the building; or

· Protect the landlord’s property.

It is reasonably related to the purpose for which it was imposed;

It applies to all tenants fairly; and

It is clearly enough written so that a tenant knows what they must do to comply with it.

Tenant's Obligations

The most important tenant obligations relate to rent, good behavior, cleanliness and insurance. They are discussed below.

Rent

A tenant’s most important obligation is to pay their rent in full and on time.

It is impermissible to withhold rent under any circumstances, and rent should not be withheld as it exposes the tenant to the risk of eviction for non payment of rent.

As will be explained later tenants can be compensated in the form of rent abatement should their landlord fail to meet their obligations pursuant to the RTA.

Statutory Conditions

RTA section 9(1) statutory conditions 3 & 4

Like landlords tenants are also subject to some of the Statutory Conditions contained in the RTA:

Good Behaviour

Tenants must also be of good behaviour so as not to interfere with the landlord or other tenant’s possession or occupancy.

Cleanliness & Damage

Tenants are responsible for keeping their premises clean, and for any damage done by themselves or their guests.

Tenants are not responsible for ordinary wear and tear of their rental unit. ‘Ordinary wear and tear’ means the usual degree of depreciation or deterioration caused by living in a residential premises relative to the length of the tenancy – faded paint, worn carpets in high traffic areas, etc… are examples of ‘ordinary wear and tear’.

Tenant Insurance

While not a statutory obligation many leases require tenants to have tenant insurance. Provided it meets the criteria for landlords’ rules this can be contained in a lease. However if the lease says, for example, ‘tenants are responsible for tenant insurance’ this doesn’t mean they must have it, only that it is their responsibility to pay for it and that a landlord’s insurance policy will not apply to the tenant.

http://www.leapnovascotia.com/landlord--tenant-obligaitons.html

--------

---------------

1. [PDF]

What Tenants Need To Know About The Law - Nova Scotia Legal Aid

www.nslegalaid.ca/documents/00000448-documents.pdf - Cached

The Residential Tenancies Act (RTA) sets the rules for rent ... tenants. The most recent change to the RTA took place in. November 2012. ... Tenancy Officer to make an order if your landlord is not following ... So, your starting rent will be.

------------------

2. [PDF]

Download File - Nova Scotia Legal Aid

www.nslegalaid.ca/documents/00000449-documents.pdf - Cached

To increase your rent, your landlord must follow the rules of the ... This article is about tenants' rights under the Residential. Tenancies Act (RTA). ... If your housing is not covered by the RTA, this information does not apply ... from the date your lease starts. This is ... Your landlord can make you pay to replace your lost key or.

--------------------

NOVA SCOTIA – LANDLORD & TENANT RULES CHANGE

Landlord & tenant rules change

Do you rent? Are you a landlord? If so, you need to know that significant changes to Nova Scotia’s landlord and tenant rules took effect on November 15, 2012. The changes are to the Residential Tenancies Act (‘RTA’), which is the law that sets out the rights and responsibilities of landlords and tenants in Nova Scotia, and provides a way to resolve disputes.

Some important ways in which the law has changed are:

§ All tenants get security of tenure immediately

§ New notice to quit process for unpaid rent

§ Tenants who want to get out of their lease early for health reasons must now give notice to other tenants, and the lease ends for all tenants

§ Some other new rules

§ For more information

All tenants get security of tenure immediately

Security of tenure means that a landlord cannot end a tenant’s lease without a good reason.

Under the old rule tenants who lived in a place for less than 5 years had no security of tenure, so the landlord could end the lease without giving a reason, as long as they gave the tenant proper notice to quit (‘notice’).

The new rule is that all tenants get security of tenure right away. This means:

§ tenants have the right to stay until they give the landlord proper notice that they are moving out, except for a fixed-term lease, which ends on the date specified in the lease; and

§ a landlord can still give a tenant notice that they must move out, but must have a valid reason for doing so.

Examples of reasons for a landlord to give notice under the RTA are that the tenant:

§ is at least 15 days behind on rent in a yearly, monthly or fixed-term lease (30 days behind for a land-lease community);

§ was disruptive to other tenants, interfering with their ability to live in their unit (‘bad behaviour’);

§ damaged the premises;

§ sublet or assigned the premises without the landlord’s consent;

§ broke the lease terms or responsibilities under the RTA;

§ is a safety risk to the landlord or other tenants.

New notice to quit process for unpaid rent

The new rule allows a landlord to give a 15 day notice to quit if the tenant is 15 days late in paying the rent. This applies to a yearly, monthly, or fixed-term tenancy. The old rule was that the tenant had to be at least 30 days behind in rent before the landlord could give a 15-day notice to quit.

A tenant who gets a notice to quit for unpaid rent now has 15 days to:

§ pay the landlord all the rent that is past due. This will cancel the notice to quit; or

§ apply to the Director of Residential Tenancies (‘Residential Tenancies’) to dispute the notice to quit; or

§ leave, but unpaid rent will still be owed to the landlord.

If the tenant does nothing, and is still in the property 15 days after getting the notice to quit, the landlord can apply to Residential Tenancies for an order requiring the tenant to leave (‘order for vacant possession’). If the landlord does this the new rules say Residential Tenancies is not required to investigate, try to mediate, or hold a hearing. Residential Tenancies can simply make the order for vacant possession and mail it to the landlord and the tenant. The tenant has 10 days from the date of the order to appeal to Small Claims Court. If the tenant does not appeal then the Sheriff can evict the tenant.

Before this change a landlord could not get a vacant possession order without applying for a hearing at Residential Tenancies, and the tenant had to get notice of the hearing. Now, no hearing is required, so it is entirely up to the tenant to apply for a hearing within the 15 days if they want to contest the notice and have their say.

Tenants who want to get out of their lease early for health reasons must now give notice to other tenants, and the lease ends for all tenants

To end a yearly lease a tenant must normally give 3 months notice before the anniversary date.

However, a tenant in a yearly lease may give the landlord just one month’s notice to quit if the tenant has:

§ lost income because of deteriorating health;

§ cannot continue the lease or access the premises because of deteriorating health; or

§ been admitted to a nursing home or other special care facility.

The tenant must provide a doctor’s certificate, or proof of acceptance into a nursing home.

The right to give short notice for health reasons or admission to a home is not new.
What is new is that:

§ the short notice rules now also apply to tenants in a fixed-term lease;

§ the tenant must give a copy of the notice to quit to any other tenants living with them, at least 1 month before the tenancy ends;

§ the tenancy end for all tenants, but the remaining tenants may negotiate a new lease with the landlord. The landlord must agree to do this, unless there is a good reason not to.

Some other new rules

§ landlords and tenants must use new Residential Tenancies forms, which are available online at accessns.ca/residential-tenancies/forms;

§ the terms mobile home, mobile home park and mobile home space have been replaced with manufactured home, land-lease community and manufactured home space, respectively;

§ tenants in land-lease communities cannot have their rent increased by more than a maximum annual amount (3% for 2013), calculated based on regulations under the RTA. A landlord who wants to increase rent by more than the maximum amount must apply to Residential Tenancies for permission;

§ Landlord may charge up to a $75 fee for a sublet or assignment, but only for actual costs incurred;

§ the Residential Tenancies application fee and Small Claims Court appeal fee can be awarded to the person who wins.

For more information

For more information about these and other changes to the Residential Tenancies Act, or help with a landlord/tenant issue:

§ visit Residential Tenancies online at accessns.ca/residential-tenancies;

§ call Residential Tenancies at (902) 424-5200 or 1 800 670-4357;

§ visit your nearest Residential Tenancies office (go to gov.ns.ca/snsmr/offices for locations).

The Residential Tenancies Act and regulations are available online: nslegislature.ca/legc/statutes/resident.htm and gov.ns.ca/just/regulations/regs/rtgenrl.htm

If you need more legal information or legal advice:

§ Contact a lawyer in private practice; or

§ If you are a tenant who has a low income Nova Scotia Legal Aid or Dalhousie Legal Aid Service may be able to help. Contact them for details.

http://www.legalinfo.org/housing-owning-renting-neighbours/1-landlord-tenant.html

--------------

Right to rent

As you pick up and pen and sign a lease, be aware of your rights and limitations.

By Sarah Greene

"It's important for people to know what rights they don't have," Cole Webber says to me on a hot afternoon on Gottingen. It might sound like a strange perspective to have for the new coordinator of Dalhousie Legal Aid's Tenants Rights Project, but Webber says we are badly in need of an overhaul of our Residential Tenancies Act in Nova Scotia, because it tends to protect the interests of landlords over tenants.

For students coming to Halifax from out-of-province, the act has a few unpleasant surprises. First of all, Nova Scotia has no rent control. Unlike in Ontario, where the maximum rent increase is the percentage change in the Consumer Price Index plus three percent of the previous rent, and Montreal, where maximum rent increases are calculated by the Rental Board, landlords in Nova Scotia can increase the rent after 12 months by whatever amount they choose, as long as they provide sufficient notice (four months before the end of the term in an annual lease). Webber says market-dictated rent has contributed to the fast rate of gentrification in neighbourhoods like the north end. "Lots of students from low to moderate income backgrounds are suffering from the lack of rent control," he says.

Speaking of money, another thing to watch out for is security deposits. Legally, landlords are allowed to ask for a security deposit of up to half a month's rent. Under the Residential Tenancies Act, the landlord is supposed to return the security deposit---with interest---when the tenant moves out, unless they are keeping all or part of the deposit to cover the cost of repairing damages or unpaid rent. The problem is that some renters have trouble getting their security deposits back. Webber says the onus is on the renter to apply to Residential Tenancies Officers to get the deposit back from the landlord. Dalhousie Legal Aid would like to change that by having third parties hold the security deposit during a lease. As it stands, you can help protect yourself from being unfairly charged for damages by doing a thorough inspection of the apartment with your landlord at the beginning and the end of a lease.

Got a hole in your wall that isn't getting fixed? "Repairs are a big issue for everybody," Webber says. As in the security deposit, the onus is on the tenant to apply to Residential Tenancies to compel the landlord to get the repair done.

One thing Webber says you can do is to put pressure on your landlord by withholding rent. Under the tenancy act, tenants cannot be evicted until their rent is 30 days late, leaving some wiggle room for late payment. But if being 30 days late on rent is a bargaining chip for a tenant, then landlords pushing for postdated cheques takes that chip away (unless you cancel the cheque). Webber describes a tenant-friendly approach to repairs in certain US jurisdictions: "Tenancy acts empower tenants to pay for repairs that need to be done and then just deduct that from the rent," he says, "and then the onus goes to the landlord to go to Residential Tenancies to dispute that."

A few notes on coming and going: Unless the tenant has security of tenure (has rented for five years), landlords do not need a reason to not renew a lease in Nova Scotia as long as they give proper notice (in a year-long lease, three months before the end of term). If a tenant would like to end a year-long lease, they also have to give three months notice. If you are moving out early, your landlord must allow you to sublet your apartment or assign your lease to someone else, though they also have the right to meet with the new person and approve them. Webber cautions: "Landlords will sometimes try to gouge people with unreasonable subletting fees. The maximum fee a landlord can charge is $25."

Webber explains landlords tend to have more resources than tenants and are more organized politically. If all this sounds a bit discouraging, he suggests tenants in buildings and neighbourhoods should network with each other: "I think people should take to heart what rights they are lacking and get organized and active around expanding the rights that tenants have."

Dalhousie Legal Aid runs drop-in clinics for tenants, students and non-students at the Halifax North Memorial Library (2285 Gottingen, 490-5723) the first Tuesday of each month from 6-8pm. You can also pick up a Tenant Rights Guide at Legal Aid's office (2209 Gottingen, 423-8105).

The Service Nova Scotia website (gov.ns.ca/snsmr/consumer/resten/) has links to the Residential Tenancy Act and its regulations, forms including the standard lease and information about applications to Residential Tenancies Officers.

Lease laws
1. Landlords are lousy, money-grabbing scum. (No, not all of them. We kid, because we love. And we don’t want to be evicted.)
2. The rules for renting in Nova Scotia may not be what you’re used to where you come from, so check out your rights in every situation.

http://www.thecoast.ca/halifax/right-to-rent/Content?oid=995492

4 things to know if you're harassed by debt collectors

Know your rights to protect from annoying collection agents, consumer advocate says

By Matt Kwong, CBC News

Bill collectors in Canada often use aggressive tactics to chase consumers, sometimes even managing to reel in payments when no credit was owed in the first place.
Some practices — such as daily phone calls, threatening language, accosting friends and relatives, or contacting debtors during late-night or early-morning hours — amount to illegal behaviour, depending on the province or territory.

"This woman had this debt collector banging with his fists on the door, calling out details of the particular debt that she had, and insisting that she pay it."—Bruce Cran, Consumers' Association of Canada

A CBC News investigation found that employees at one U.S.-based debt-collection firm operating in Ontario and Quebec knowingly contacted non-debtors. The company was fined in two provinces for violations and was the subject of hundreds of complaints over several years, with one former worker saying that consumers have been pressured in the past to make payments just to stop being badgered.
But Bruce Cran, the B.C.-based president of the independent Consumers' Association of Canada, said it's not always best practice to hang up on credit agents or simply ignore them. One smart way for people to protect themselves against harassment is to know their rights.
"The time's come when people are looking for clarification because they're getting annoyed," he said. "Some of these debts we're talking about are so small, like $38 from eight years ago — it's ridiculous."
Here are a few questions you should know the answers to (the rules in Canada vary, so links to specific provincial laws are provided at the bottom of this story):

When can credit agencies contact you?

Getting unexpected visits or phone calls from a debt collector can be stressful enough. Many provinces try to protect Canadians from being solicited at inconvenient times.

Collection firm no-no's:

Trying to collect a debt without first notifying you in writing or making a reasonable attempt to do so.
Recommending or starting legal or court action to collect a debt without first notifying you.
Communicating with you or your family such that the communication amounts to harassment, or calling to collect a debt at certain prohibited times (which vary from one province or territory to another).
Implying or giving false or misleading information to anyone.
Communicating or attempting to communicate with you without identifying themselves, saying who is owed the money and stating the amount owed.
Continuing to demand payment from a person who claims not to owe the money, unless the agency first takes all reasonable steps to ensure that the person does, in fact, owe the money.
Contacting your friends, employer, relatives or neighbours for information, other than to get your telephone number or address. An exception would be if any of these people have guaranteed the debt or if you have asked the agency to contact them to discuss the debt or, in the case of your employer, to confirm your employment, your job title and your work address.

— Source: Canadian Consumer Handbook
Cran said one person in London, Ont., complained to the Consumers' Association of Canada when she was jolted awake at 3 a.m. by knocking and shouting outside her home.
"This woman had this debt collector banging with his fists on the door, calling out details of the particular debt that she had, and insisting that she pay it," Cran said. "And when he left, there was a large piece of paper with the details of the debt tacked to her door."
The rules in most provinces state that credit agencies are prohibited from contacting consumers between the hours of 9 p.m. and 7 a.m. Those hours are a little more flexible in Alberta, which allow firms to contact people from 7 a.m. up until 10 p.m., as well as in Newfoundland and Labrador, which allows contact from 8 a.m. up until 10 p.m.
Saskatchewan, Nova Scotia and P.E.I. law won’t allow collection agents to call a suspected debtor before 8 a.m., and Manitoba restricts calls or visits before 7 a.m.
Sundays are also partially prohibited days in most provinces, as are statutory holidays.

How often can collection firms contact you?

Cran said it's not uncommon for some Canadian collection firms to get their agents to phone or visit debtors daily, including on Sundays.
Yukon Territory legislation mentions that agents must not make calls with such frequency that it could be considered harassment.
But in Ontario, debt collectors can't email, leave voice mail or speak in person with the consumer more than three times in one week after the first conversation with you. The only permissible means of communicating is by regular mail. Alberta and Nova Scotia have a similar "three strikes" rule limiting the amount of contact from collectors within a seven-day consecutive period.
"One of the things you can do in B.C. and most other provinces is inform these people that they're not to contact you, but they can only contact you by mail," Cran said. "After you've done that, they're not allowed to phone you."
Some provinces — such as Ontario, B.C., Quebec, Alberta, P.E.I. and Nova Scotia — have laws stating that contact must cease if the consumer has "properly disputed" the debt owed. A person can contest the debt in writing and send a registered letter to the agency informing the firm that the case can be taken up in court.

Can the debt collector lie or threaten legal action?

Consumers' Association of Canada president Bruce Cran says heavier fines could help act as a deterrent. (CBC)

Deception could be part of an unscrupulous collection business's arsenal of dirty tricks.
Nearly every province or territory has a consumer protection law specifically addressing the use of bogus legal documents or false information to mislead the debtor.
Misinformation can run the gamut from lying about the amount of debt owed to pretending to be someone different (for example, posing as a lawyer) to threatening to sue when the collection firm has no intention or authority to do so.
As far as verbal abuse goes, Ontario, Alberta, New Brunswick and Nova Scotia are among the provinces that state that collection agents cannot use profane, intimidating, or "coercive" language when dealing with debtors. Alberta and Northwest Territories also mention that collection agents may not threaten physical harm.

Can they ask other people about you?

In general in Canada, collectors can’t approach a debtor's family, friends or employer, though Cran said he's heard of agents showing up in public venues to accost a debtor about outstanding bills.
"They'll find out where you congregate, maybe after lunch or after work where you’ve gone to have a beer, and they’ll approach you in front of friends — anything to embarrass you," Cran said.
New Brunswick's regulations state that a collector can’t threaten to embarrass a debtor with information about credit woes.
There are a couple exceptions to rules prohibiting communication with friends, family and co-workers.
For example, the agent may, in some cases, contact a target debtor’s acquaintances in order to track down a mailing address. There might also be exceptions for speaking with a neighbour or family member who has agreed to act as a guarantor for the repayment of the debt.

More information on provincial and territorial laws pertaining to collection agencies:

Ontario: Ontario Ministry of Consumer Services
British Columbia: Consumer Protection BC and Business Practices and Consumer Protection Act
Alberta: Service Alberta: Bill Collection and Debt
Yukon Territory: Yukon Community Services - Tips - Collection Agencies
Northwest Territories: NWT Consumer Protection Act and Consumer Affairs Tips - Collection Agencies
Saskatchewan: The Collection Agents Act
Manitoba: Government of Manitoba - Collection Practices
Nova Scotia: Access Nova Scotia - Collectors and Collection Agencies Act
Quebec: An act respecting the collection of certain debts and Les comptes en souffrance
New Brunswick: Public Legal Education and Information Service
Prince Edward Island: Collections Agencies Act and Department of Environment, Labour and Justice
Newfoundland and Labrador: Service NL - Collection Agencies
Nunavut: Nunavut Department of Justice and Current Consulidated Statutes and Regulations

http://www.cbc.ca/news/canada/4-things-to-know-if-you-re-harassed-by-debt-collectors-1.1153120

----

What Renters and Landlords Need to Know!

July 10, 2014

In January, 2007, the Residential Tenancies Act (RTA) replaced the Tenant Protection Act (TPA). Also, on this date, the Ontario Rental Housing Tribunal became the Landlord and Tenant Board.

Two years have passed, yet, many tenants and landlords are still unfamiliar with the changes that this legislation generated.

One of the key changes that affects all applications is the provision that there are no longer default orders. What this means is that if an application is filed, a hearing must be held FIRST – before any order is issued. This hearing will review all the relevant circumstances surrounding the application and will consider granting, delaying or refusing a tenant’s eviction if circumstances warrant.

Tenants who are being evicted for rent arrears can now raise other issues at a hearing. As long as the issues raised could be dealt with on another Landlord and Tenant Board application, a tenant can now raise these issues in defence of their rent arrears. For example: “ I didn’t pay my rent because my toilet is broken and my landlord refuses to fix it.”

There are many other changes affecting tenants under the Residential Tenancies Act legislation.

For more information or assistance — tenants can call 461-3935 or attend the
Elliot Lake and North Shore Community Legal Clinic at 31 Nova Scotia Walk (Elnos Building) Suite 300.

· TOP 10 THINGS EVERY TENANT AND LANDLORD SHOULD KNOW….

1. You CANNOT be evicted for filing a Residential Tenancies Act application against your landlord. The Tribunal was set up to give Landlords and Tenants a venue to solve their disputes.

2. Your landlord is legally obligated to provide you with rent receipts if you ask for them. If your landlord refuses to do so, you can call the Investigations Unit at 1-888-772-9277.

3. You CAN be evicted during the winter months. However, no matter what time of year it is, you Landlord must obtain an order from the Landlord and Tenant Board before he or she can evict you.

4. Your landlord cannot evict you for having a pet unless your pet is damaging the unit or common areas, or interfering with the reasonable enjoyment of other tenants.

5. Your landlord must pay you interest on your last month’s rent deposit once per year.

6. Your landlord can only raise your rent once per year after giving you 90 days notice and it can only be raised in accordance with the rent increase guideline set by the Ministry of Municipal Affairs and Housing. The guideline for 2008 was 1.4%. The guideline for 2009 is 1.8%. If your landlord wishes to raise your rent above the guideline then he or she must file an application with the Landlord and Tenant Board and get a legally binding order permitting him or her to do so.

7. Your landlord cannot charge you for any deposit that is not meant to be used as a first or last month’s rent deposit. He or she can ask you to pay a deposit for keys or an access card but the amount cannot be more than it would cost to replace these items.

8. You are required to give a 60 notice in writing to your landlord prior to moving out, if you are on a “month to month” lease agreement. If you move out without providing 60 day written notice – you may be breaking your lease, and your landlord can hold you financially responsible for the rent until the end of your lease agreement unless the landlord is able to rent the unit before the lease is up.

9. Your landlord can enter your unit without notice only when there is an emergency or your tenancy agreement says that your landlord is to provide you with cleaning services. Otherwise, your landlord must give you written
notice 24 hours in advance and can only enter between the hours of 8:00 a.m. and 8:00 p.m. with your permission.

10. You cannot hold back your rent. You must pay your rent even if there are maintenance issues that your landlord is not taking care of. There are applications you can file in order to ask for a rent abatement (adjustment), but you must continue to pay your rent otherwise your landlord can take you to the Landlord and Tenant Board for arrears of rent and possibly have you evicted.

For information or assistance contact the Elliot Lake and North Shore Community Legal Clinic at 461-3935 or the Landlord and Tenant Board office in Sudbury at 1-866-410-1399.

http://www.northshorelegal.ca/articles/what-renters-and-landlords-need-to-know/

---------

Tenants’ Rights

The information in this section is based on Nova Scotia’s Residential Tenancies Act and its associated regulations. If you have further questions or would like clarification on any of the information in this section, Service Nova Scotia maintains its own tenancy-related frequently asked questions section at http://www.gov.ns.ca/snsmr/consumer/resten/faq/. You can also call 1-800-670-4357 for general enquiries.

Dalhousie Legal Aid Service (DLAS) also runs a Tenant Information Phone Line, which can be reached at 423-8105. DLAS has also prepared a comprehensive Tenant’s Rights Guide. For a copy visit http://tenantrights.legalaid.dal.ca.

The Source of Your Rights as a Tenant

In Nova Scotia, the Residential Tenancies Act establishes the standard rights and responsibilities of both tenants and landlords. Landlords are required to provide tenants with a copy of the Act after they have signed a rental agreement. If you have misplaced your copy of you simply want to see what is included in the Act, the full legislation can be found on the web at http://www.gov.ns.ca/legislature/legc/statutes/resident.htm.

In Nova Scotia, the Residential Tenancies Act (RTA) favours the interests of landlords who own and profit from rental housing, not the tenants that actually live there. A lack of protection for tenant’s under the RTA makes it difficult for tenants to recover their damage deposits, to avoid evictions, and to even fight for basic repairs. In this context, it is especially important that if you are renting a house or apartment, you know your rights. By knowing what you are entitled to under the law, you help protect yourself against being treated unfairly.

Are you protected by the act?

The Residential Tenancies Act applies to people renting apartments, houses, flats, and mobile homes, as well as individuals living in rooming houses. People that live in student residences, shelters, or hotels are not protected by the Act.

The Federation has consistently lobbied to extend tenancy protection for students living in residence. If you are interested in finding out how to push for tenant’s rights for students living on and off campus visit your students’ union office.

Can You Be Refused Rental Housing?

In Nova Scotia, a potential tenant cannot be denied rental housing on the basis of any of the characteristics listed in the Nova Scotia Human Rights Act. The only exception to this protection occurs when a landlord is renting out a single room in an occupied dwelling and has not advertised the vacancy.

Although a landlord cannot discriminate against someone due to his or her source of income, the landlord can choose to not rent to someone if the landlord feels that he or she will not be able to afford the rental fees. Landlords will usually run credit checks in order to determine a potential tenant’s financial state.

Agreements

When you sign a lease, you enter a binding legal contract. In Nova Scotia, if a tenant makes a verbal agreement to rent from his or her landlord, there is deemed to be a landlord/tenant relationship governed by the Act. The term is considered month-to-month where there is no written lease. It is preferable to have all commitments from your landlord in writing.

A tenant cannot be made to agree to anything that is illegal or contradicts the standard form of lease.

Landlord’s Rules

While a landlord cannot bind you to any contractual terms that are contrary to the Act or illegal, he or she is free to insert rules into your lease as long as the terms are not illegal and can be considered “reasonable.” For instance, a landlord could insist upon a no-smoking rule or choose to disallow pets. You may be subjected to other obligations as well, such as agreeing to steam clean your carpets upon moving out of the dwelling.

What is a Co-Signer?

A co-signer is someone who enters into a rental agreement along with you. In a practical sense, this means that they are willing to assume your debts if you fail to pay them. Many landlords will require a co-signer when they rent apartments to students.

Security (or Damage) Deposits

The Residential Tenancies Act allows a landlord to require a security deposit from new tenants, but it sets out several rules governing the process. This security deposit is intended to help cover the cost of damage to the unit or unpaid rent.

You do not have to pay any extra deposits above this amount (such as a “key deposit”) and a landlord cannot charge potential tenants an application fee.

Regular wear and tear does not count as damage.

Upon moving out, tenants should verify the address where the security deposit is to be sent.

If, after the time period specified under the Act, you have not received your deposit or notice of an arbitration hearing, you can make a claim at Service Nova Scotia.

If you leave your rental unit before the end of your lease, your landlord may be able to keep some or all of your deposit in order to make up for lost rent.

Before You Sign

Most landlords will be friendly before you sign your lease, but there is no guarantee that relations will remain pleasant for the duration of your rental period. Here are a couple of things that you can do in order to help protect yourself:

Take a look through the unit and note everything that is damaged. It is a good idea to take pictures.

If the landlord tells you that he or she is going to make improvements to the apartment or makes any other promises, insist that these promises are put into writing.

Remember that you will be bound by all the terms of your lease, so read it carefully before signing it.

Rent

During a lease, your rent will be due on the date set by your landlord-normally the first day of each month. It is your responsibility to pay your rent on time; otherwise, the landlord may be able to begin the eviction process if enough time has lapsed. Landlords can charge a late payment fee of one percent per month of the monthly rent. If you have to pay your rent in cash, make sure that you get a receipt. Landlords can require you to provide post-dated cheques.

The Residential Tenancies Act outlines when a landlord can increase your rent. If your rent increases, consult the Act to determine if the increase is within the regulations.

If any service you are paying for is removed (such as laundry or cable), you can demand it be returned, or ask for a lower rent payment. The withdrawal of a service is considered a rent increase; therefore, a landlord is required to inform you of the removal under the same regulations as they would a rental increase.

If you are presented with an illegal rent increase, you should write your landlord a letter telling him or her why the increase is illegal and make a copy for yourself. If you have any disputes with your landlord over rent, do not withhold your rent payments without an order from an arbitrator.

Eviction

A landlord must give you proper notice before attempting to evict you. The amount of notice you are entitled to receive depends on why you are being evicted.

Landlords cannot legally evict tenants (physically remove the tenants and their belongings) until they have an Order of Vacant Possession from Residential Tenancies.

Contact Service Nova Scotia and Municipal Relations toll free within Nova Scotia 1-800-670-4357, in Halifax 424-5200 to find out the amount of time you have to file your complaint.

Repairs

Your landlord is responsible for maintaining the building that you live in and making any repairs required in order to keep your rental unit healthy, safe, and “suitable for occupation.” This includes plumbing, heating, and electrical repairs as well as maintaining appliances, storage areas, and any other amenities that are included in the rent. The landlord must also make sure that you have access to your unit.

As a tenant, you are expected to keep your home clean and to repair any damage that you or your guests may have caused. You cannot, however, be charged for regular wear and tear on your apartment.

You should report any needed repairs to your landlord as soon as possible. If you cannot contact your landlord, the need for emergency repairs should be reported to the emergency contact that he or she has provided. If you are still unable to contact anyone, you can make an Application to Director seeking repairs. Forms for this application can be found at any Access Nova Scotia office or online at http://www.gov.ns.ca/snsmr/access/land/residential-tenancies/downloadable-forms.asp.

If you live in the Halifax Regional Municipality, your landlord may also be obligated to conform to municipal by-laws. The city has adopted a range of requirements for occupational residences, setting standards for things like windows, stairs, balconies, bathrooms, and kitchens. More information can be found at: http://www.halifax.ca/legislation/bylaws/hrm/index.html. If you have any questions about these by-laws, you can call the Halifax General Information Line at 490-4000.

Landlord Access

Your landlord has the right to enter your rental unit during “reasonable hours” (usually considered to be 9am to 9pm) for the purpose of showing, inspecting, or working on the property. The landlord is required to give you 24 hours’ written notice of his or her intention to enter the premises. If either you or your landlord has given notice to end the tenancy, the landlord does not have to provide you with any notice.

Subletting/Assigning

If you wish to move out before your lease is up, your landlord may be willing to cancel your lease but he or she is under no obligation to do so. As an alternative, you may be able to find someone else to take over your lease. When you assign a lease, you transfer your rights and obligations to another person. In such a case, you are leaving the property and have no intention to return.

When you sublet, you are yourself renting out the unit for a fixed portion of the lease’s duration. Many students sublet their apartments for the summer and then return to them in the fall.

Giving Notice and Moving Out

If you are not interested in renewing your lease for your apartment, you must give proper notice to your landlord indicating your intention to move out at the end of your lease. The notice required will depend on the length of your lease. Ensure that you are familiar with notice requirements when signing your lease.

Your notice to end the tenancy must be in writing and needs to include your name and address, the date you plan to move, and your signature. You have until midnight on the last day of the month to move out unless you agree to some other time. If you do not give proper notice and the landlord cannot find another tenant, you may lose your security deposit and may have to pay the rent for the following month(s).

If you have signed a “fixed-term lease” or a lease with a “move-out” clause (which says you have to move out when the term of the lease ends), you have to move out when it says you do and neither you nor the landlord has to provide notice.

Arbitration

If, during your tenancy, you have a dispute with your landlord that cannot be resolved, you may apply to have it resolved through arbitration. This is done by filing an Application to the Director. The necessary forms are available online or at any Access Nova Scotia office and there is a $25.00 filing fee. See the website for more information: http://www.gov.ns.ca/snsmr/consumer/resten/

If either the tenant or the landlord is not willing to accept the recommendations of the Director’s Report, the issue may proceed to Small Claims Court. It costs $80.00 to file a claim at this level. There is a fee waiver available for low-income individuals. To be eligible, applicants must provide proof of income along with their application.

· Nova Scotia Student Financial Assistance

· Sexual Health, Harassment and Assault Assistance

· Mental Health Assistance

· Tenants’ Rights

· Workers’ Rights

http://cfs-ns.ca/tenants-rights/

-----

At the Beginning of a Tenancy

1. Looking for a place to rent

2. Application Fee

3. Security Deposits and Post-Dated Cheques

4. Moving in

5. Signing and Complying With a Lease

Looking for a place to rent

Looking for a place to live is serious business. Be sure to do your research. Some good first steps:

· Everyone on a lease is equally responsible for the rental space. If you are living with others, find roommates you trust, and involve them in all of your renting decisions.

· Make sure everyone who will be on the lease agrees about locations, the number of bedrooms and bathrooms, and the appliances and amenities you want to be included.

· Decide how much you are willing to pay each month. Make sure to account for rent, utilities, and other living expenses (electricity, cable, phone, parking, heat, etc.)

· Visit premises (apartments, houses, manufactured home spaces, etc.) that meet your needs. Make sure you choose one that fits your budget.

· If you and the landlord have agreed that repairs or renovations will be done before you move in, you should put this agreement in writing and include a completion date. If you have agreed to make the repairs yourself, make sure that any financial compensation is included in the agreement. The landlord and tenant should both keep a copy.

Application Fee

A landlord cannot charge an application fee for residential premises. The landlord may ask you to complete an application form, and will probably ask you to provide your Social Insurance Number, employment information and some references.

Letting your landlord know that you are aware of your rights may help you address this issue. Any money taken by a landlord before the lease has been signed or before rent is due is considered a security deposit.

Security Deposits and Post-Dated Cheques

When you sign the lease, the landlord may ask for a security deposit. The deposit can be up to one-half of one month's rent. The landlord may be able to use your security deposit when you leave the apartment to cover any rent you have not paid, or for any repairs or maintenance that must be done in the unit because you caused damage or didn't report things in need of repair. A certain amount of wear and tear on a unit is considered normal, and the deposit cannot be used to pay for repairing this.

The landlord must let you know that he/she intends to keep your security deposit, and may not do so unless you agree in writing. If there is disagreement, your landlord may apply to the Residential Tenancies program to keep the deposit.

The landlord must place the security deposit in a trust account. The deposit will earn interest at rates set by the regulations to the RTA. The account remains with the property and not with the landlord, so if there is a change of landlord, the deposit becomes the responsibility of the new landlord.

A landlord can ask you to provide post-dated cheques for your rent, but a landlord cannot ask you to pay more than one month (or week) of rent at a time.

Moving in

You should inspect the premises when you move in. The inspection can be done with or without the landlord, though it is better if you do it together.

Make a written record of the inspection.

Sign and date the inspection. It is a good idea to get the landlord to sign it as well. If the landlord can't or won't sign, send signed copy to the landlord. Keep a copy.

It is a good idea to take pictures of any damage you find when you move in. Use the date stamp on your camera.

Signing and Complying With a Lease

Standard Form

The Residential Tenancies Regulations contain a Standard Form of Lease.

A landlord does not have to use this lease, but the lease the landlord uses cannot remove any rights the tenant is given in the standard form. A written lease is always recommended, but if there is no written lease, the standard form applies.

On the lease, the landlord must give you his or her name, address, and telephone number or the name, address, and telephone number of a person responsible for the premises. You must give the landlord the names of anyone who will live on the premises.

Types of Leases

There are two kinds of leases:

· A periodic lease is one where the lease is signed for a year, a month, or a week. The tenancy can continue year-to-year, month-to-month, or week-to-week until the tenant gives notice they no longer wish to renew it. (See "At the End of a Tenancy.")

· A fixed-term lease has a specific start and end date. The lease does not renew after that date.

A tenant and landlord may agree to additional fixed lease terms. If a tenant does not leave, or is not asked to leave, after the end date in the original lease, a month-to-month lease begins.

Cosigners

Based on your finances, a landlord may require you to have a co-signer. The person who signs as a co-signer may be held responsible for the payment of the rent and/or damages. Make sure your co-signer understands his or her responsibilities.

Documents

When there is a written lease, it must be signed by both the landlord and the tenant. The landlord must give a signed copy of the lease to at least one tenant named on it. The landlord must also give at least one tenant from any group of tenants on a lease a copy of the Residential Tenancies Act.

The landlord must give both the lease and the RTA within ten calendar days of whichever of these things happens first:

· you sign the lease

· you receive keys

· you move in.

If the landlord does not provide you with a copy of the lease you have signed, you may give a written notice to the landlord to end the tenancy, and leave. You must leave within three months of giving this notice.

-------------

I’ve Been Good. Can My Landlord Make Me Move?

January 6, 2014 By Rochelle Johannson

Print This Post

Can a landlord end a tenancy when the tenant has not done anything wrong? It depends. We’re going to look at some different factors that come into answering this question. Just so we’re all on the same page, today we’re talking about periodic tenancies, which are the kinds of tenancies that continue on indefinitely until either the landlord or the tenant give notice to end. The most common form of periodic tenancy is a month-to-month tenancy. There are no end dates in periodic tenancies.
If a tenant receives a termination notice from the landlord, what should they do next? First, the tenant should look at the reason for the notice. Is the landlord giving the notice because the tenant has breached the agreement? For example, is the notice because the tenant hasn’t paid the rent? If the landlord’s reason is because the tenant has done something wrong, then it is an eviction notice. Our article What should you do if you get an eviction notice? provides for more information about this.
If the reason in the notice is not about the tenant having done something wrong, then the tenant should answer two different questions to find out if the termination is legal.

Does the law say that the landlord can end the tenancy for the reason stated in the notice?
If yes, then has the landlord provided enough notice?

Does the law say that the landlord can end the tenancy for the reason stated in the notice?

Each province has its own law which states the reasons that a landlord is allowed to terminate a periodic tenancy. Here’s a chart that shows the reasons that are allowed in Alberta.

If you haven’t done anything wrong, then your landlord can only give you notice to end a periodic tenancy if the property is... Going to be completely renovated. Going to be turned in to a condominium. Going to be lived in by the landlord, or a relative of the landlord. Sold and the purchaser, or a relative of the purchaser, is going to move in. Sold and the purchaser requests that the tenancy be ended, if the property is a detached or semi-detached dwelling or a condo unit. Going to be demolished. Going to be used for a non-residential purpose. Operated by an education institution and the tenant will not be a student anymore on the termination date.

The reason for termination is legal, but has the landlord provided enough notice?

There are requirements about how long the landlord has to provide the tenant to move out. The landlord must provide the full amount of notice. In Alberta, the amount of notice that a landlord must provide varies based on the reason that the landlord is terminating.

If you haven’t done anything wrong and have a monthly periodic tenancy, the notice will give you this long to move out Going to be completely renovated. 365 days. Going to be turned in to a condominium. 365 days. Going to be lived in by the landlord, or a relative of the landlord. 3 tenancy months. Sold and the purchaser, or a relative of the purchaser, is going to move in. 3 tenancy months. Sold and the purchaser requests that the tenancy be ended, if the property is a detached or semi-detached dwelling or a condo unit. 3 tenancy months. Going to be demolished. 3 tenancy months. Going to be used for a non-residential purpose. 3 tenancy months. Operated by an education institution and the tenant will not be a student anymore on the termination date. 3 tenancy months.

The notice seems to be legal. Does the tenant have to move?

Yes, usually the tenant will have to move. If the tenant needs more time to find somewhere to live, then the tenant should see if they can negotiate with the landlord. If the tenant doesn’t get the landlord’s consent to stay longer, and doesn’t move out, then the landlord can bring an application to force the tenant to vacate. The landlord will usually be able to keep the security deposit, and also apply for financial compensation from the tenant, if the tenant doesn’t move out on time.

The notice is not legal. What can the tenant do?

The tenant should respond to the faulty termination in writing, and tell the landlord they are not moving and the reasons why. The tenant should keep the notice that they got from the landlord, as well as a copy of the objection that they gave in response. The tenant should keep copies just in case they end up disputing the termination notice in court. If the tenant objects to the termination notice, but the landlord still wants the tenant to leave, then the landlord can either serve a new termination notice, or apply to terminate the tenancy in court.

Where can the tenant go for help?

This column was produced with the generous support of the Alberta Real Estate Foundation.

Speak Your Mind Cancel reply

You must be logged in to post a comment.

http://www.lawnow.org/ive-been-good-can-landlord-make-me-move/

-----

Tenant Rights Guide - Dalhousie University

www.dal.ca/content/dam/dalhousie/pdf/law/DLAS/tenant rights ... · PDF file

KNOW YOUR RIGHTS A GUIDE TO RENTAL HOUSING IN NOVA SCOTIA Dalhousie Legal Aid Service Tenant info online: http://tenantrights.legalaid.dal.ca

-------

How to Make a Complaint

55. If a tenant and landlord cannot resolve their differences, what can they do? Either party may file an Application to the Director of Residential Tenancies. There is a modest fee for the application, which is available and may be filed at any Access Nova Scotia Centre. A sample application form is also available at the Service Nova Scotia website.

56. What happens when the Application is filed? The applicant must serve the other party with a copy of the Application. Then, a Residential Tenancies Officer will investigate the Application and will encourage the tenant and landlord to mediate the dispute. If mediation is not possible, the officer may hold a hearing.

57. Can a tenant be given a notice to quit because of filing an Application? No, not if the Residential Tenancies Officer is satisfied that the tenant was attempting to secure or enforce his/her rights. Yes, if the Residential Tenancies Officer believes the tenant is filing the Application(s) to intimidate or harass the landlord.

58. What happens when the landlord and tenant settle on an agreement? They will sign a Mediated Settlement which cannot be appealed.

59. What happens if mediation fails? The Residential Tenancies Officer will conduct a hearing and make a decision.

AND..... BRILLIANT DOCUMENT...

Residential Tenancy Guide - Town of Antigonish

www.townofantigonish.ca/doc_view/358-tenancy-guide

How to Use. This Guide: This Guide is an easy-to-use reference for landlords andtenants. It covers more than 60 common questions about renting residential ...

----------------

For Immigrants 2 Nova Scotia Canada

Housing

Living in Canada may be very different than your former country. There are many different types of housing in Nova Scotia for you to choose from.

Privately owned rental housing

This is the most common type of housing. Here, you pay rent every month to a landlord or company who owns and takes care of the house or apartment.

NOTE: It may be hard to find a house or apartment if you have a large family. Most Canadian families have 1-3 children and two parents. This is why most apartments are no larger than two or three bedrooms. If you have a larger or extended family, you might consider looking for a house to rent instead of an apartment.

Private home ownership

Many new immigrants choose to buy their own home instead of renting. Houses in Nova Scotia are some of the most affordable in Canada. There is also a great variety to choose from. In 2011, the average cost of buying a house in Nova Scotia was $201,991. It can be much less if you live in a rural area of the province.

You can live 20 minutes from Halifax in a 3 bedroom house worth $200,000.

There are many real estate agents in Nova Scotia who can help you find a home (for a fee). They can also help you with mortgage and legal requirements. For a complete list of licensed real estate agents, contact the Nova Scotia Realtors Association.
For more information on buying and renting a home in Nova Scotia visit the Canada Mortgage and Housing Corporation (CMHC) and the Residential Tenancies section of the Access Nova Scotia website.

Co-operative housing

This is a type of subsidized housing. Here, some residents pay rent based on their income and others pay rent that is closer to market prices. Together, they take care of the housing co-op by sharing duties and responsibilities. There is usually a waiting list for subsidized housing. More information can be found on The Co-operative Housing Federation of Canada website.

Public housing

This is similar to co-operative housing because rent is based on income. Public housing is funded by the government for families with lower incomes. More information can be found on the Housing Nova Scotia website.

Tips For Finding an apartment or a House:

· If you have a problem with language, bring an English-speaking companion with you to view the apartment or the house.

· If you can, schedule viewings during the day so it’s easier to see any damage.

· Ask about any repairs that need to be made. Make a list of the damages before you sign or agree to anything. Make sure the landlord signs the list and attaches it to the lease so you will not be held responsible when your lease is over.

· Ask if utilities (water, electricity, heat, etc.) are included in the rent.

· There could be a limit on how many people are allowed to live there, or if pets are allowed. Make sure you ask about these rules.

· Have things ready for the landlord such as: income/pay stubs, resume and references. There may also be an application process.

Renter/tenant responsibilities

When renting an apartment or home, you are responsible for any damage caused by your presence. Day to day upkeep and repairs, and fixing past damage, is the responsibility of the landlord.
Once you have signed a lease, you are legally responsible to follow its terms and conditions for as long as it says on the lease. If you need to move before the end of the lease, you may need to sublet. Subletting is finding someone to take over for the rest of your lease. A sublet must be approved by your landlord.
More information on tenant rules and responsibilities in Nova Scotia can be found on the Residential Tenancies section of the Access Nova Scotia website.

Home insurance

If your property is damaged or destroyed by unforeseen and uncontrollable events, the cost of repairing or replacing it may be paid through insurance. There are many different types of property insurance coverage plans and many different insurance companies. You can also hire an insurance broker to help you find the best type of insurance for your needs. Property insurance is recommended for homeowners and renters. It covers your actual home and many of your personal belongings.
Banks will not approve mortgages unless you show them proof that you have insurance. For more information on home insurance visit Insurance Canada’s website.

Household utilities

Whether you live in your own house or you rent an apartment, you will probably have other expenses besides your mortgage or rent. These expenses are called “utilities” or household expenses. Make sure to ask about water, electricity, heating and other services such as telephone or internet costs that you may have to factor in to your budget.

Back to the top.

http://novascotiaimmigration.com/live-here/housing/

----

NOTE:

If a tenant has lived in the premises for five or more years, they are considered to have security of tenure and the landlord must apply to the Director for permission to terminate the tenancy.

Cancelling My Lease in Nova Scotia

Cancelling My Lease in Newfoundland & Labrador

Cancelling My Lease in PEI

Leases are a binding contract between a tenant and a landlord and breaking a lease is a breach of this contract. Despite this breach, you may find yourself with a valid reason for needing to break your lease – such as moving to another city.

If you are in this situation, we want to help you try to avoid – or at least minimize- penalties from your landlord. The best way for you to do this is to:

oFamiliarize yourself with your province’s necessary legal requirements to terminate a lease.

oKnow whether you have a “Fixed” or “Periodic” term lease. A Fixed Term is a lease with a specified end, while a Periodic Term is a lease that runs month-to-month, week-to-week or other pre-determined time.

oBe sure to provide your landlord with as much notice as possible.

oWherever permissible offer to help finding a replacement tenant.

Each province has different regulations pertaining to leases or tenant agreements, and how to cancel a lease.

Nova Scotia

oYou cannot give notice during a fixed term lease. A fixed term lease expires automatically.

oDepending on the term of the lease, the following different written notices are required:

o Year-to-year lease: three month’s notice.

o month-to-month lease: one month’s notice

o Week-to-week lease: one week notice.

oThe security deposit plus interest must be returned to you at the end of the tenancy. If the landlord wants to keep some or all of the deposit, they must apply to the Residential Tenancies for permission.

oRequests to subletting are permitted and need not be in writing.

For additional details, you can also refer to Nova Scotia’s rental board website.

Service Nova Scotia and Municipal Relations — Residential Tenancies
Public Enquiries
Service Nova Scotia & Municipal Relations
Mail Room, 8 South, Maritime Centre
1505 Barrington Street
Halifax, Nova Scotia
B3J 3K5
Tel.: 902-424-5200
Toll-free within Nova Scotia: 1-800-670-4357
Fax: 902-424-0720
Email: askus@gov.ns.ca
www.gov.ns.ca/snsmr/secure/contact/Default.asp?bhcp=1
Department of Community Services — Housing and Repairs:
www.gov.ns.ca/coms/housing/
Addresses of Residential Tenancies offices across the province:
www.gov.ns.ca/snsmr/access/land/residential-tenancies/contact.asp

Also check out our article How to cancel my lease that deals with detailed steps to follow.

Revd. Malachy

If a tenant vacates premises during a fixed term lease, can the landlord expect to receive rent for the remaining months of the fixed term? Can the tenant stop payment on post dated cheques? If the cheques are issued by the tenants son in law is that a problem?

http://designmymove.com/cancelling-my-lease-in-nova-scotia/

----

NOVA SCOTIA- Safer Communities and Neighbourhoods Act

§ What is SCAN?

§ Who can make a complaint?

§ How do I make a complaint?

§ What happens if a complaint is made?

§ What is a Community Safety Order?

§ When will the Court decide to impose a Community Safety Order?

§ I’'ve been served with a Community Safety Order. Can it be changed or overturned?

§ Can I appeal a Community Safety Order or other court order under SCAN?

§ Can the Director apply to Court more than once to close down the same property?

§ What are the penalties if I don'’t follow a Community Safety Order?

§ What about my rights under the Residential Tenancies Act?

§ Where can I get more information?

This page only gives legal information. If you have a legal problem you should contact a lawyer.

Q - What is SCAN?

‘SCAN’ is a Nova Scotia law called the Safer Communities and Neighbourhoods Act.

SCAN deals with illegal activities that adversely affect a neighbourhood that:

§ may be a health, safety or security concern, or

§ interfere with peaceful enjoyment of property.

For example, SCAN covers specific activities like:

§ illegal sale of alcohol or drugs

§ illegal gambling, or

§ prostitution.

SCAN allows anyone to complain anonymously to Nova Scotia’s Public Safety Investigation Unit if they are concerned that these types of activities may be happening on a regular basis in their community.

Q - Who can make a complaint?

Anyone can make a complaint if they believe activities like illegal sale of alcohol, possession of drugs, gambling, prostitution, are regularly happening in their community. Complaints are confidential.

Once you make a complaint you are referred to as the “complainant”. Your identity cannot be revealed unless you agree in writing. To make a complaint contact Nova Scotia’s Public Safety Investigation Unit at 1-877-357-2337. You’ll find more information online at www.gov.ns.ca/just/Public_Safety/safer_communities.asp

Q - How do I make a complaint?

Call the Public Safety Investigation Unit at 1-877-357-2337 to make a complaint.

Q - What happens if a complaint is made?

After a complaint is made the Director of Public Safety or public safety investigators may:

§ Try to solve the problem informally

§ Ask for more information

§ Question neighbourhood residents

§ Investigate the complaint, including conducting surveillance of the property

§ Send warning letters to the property owner or occupants

§ Apply to court for a community safety order

§ Take other steps the Director considers appropriate

The Director may decide not to act on a complaint, or to stop action on a complaint, and must tell the complainant about this decision in writing.

The Director does not have to give reasons for a decision.

Q - What is a Community Safety Order?

A Community Safety Order is a court order that requires people to stop doing specific illegal things on a property, and may also order people to leave a property.

A Community Safety Order:

§ gives the property’s address

§ describes specific activities that are the reason for the order

§ requires people not to do or allow any of the activities at the property

§ requires certain people named in the order to do what is reasonable to stop the activities from continuing or happening again, and

§ gives the date the order ends.

Depending on the situation, a community safety order might also:

§ Order people to leave the property

§ Stop people from going back to the property

§ End a lease or tenancy agreement

§ Order that the property be closed for up to 90 days, and

§ Give the owner possession of the property.

Q - When will the Court decide to impose a Community Safety Order?

A Community Safety Order might be put in place if the court is satisfied that

§ there are activities happening that show the property is being used for a ‘specified use’, and

§ the activities negatively affect the community or neighbourhood.

‘Specified use’ includes: illegal sale of liquor, prostitution, illegal gambling, illegal possession, use, sale, transfer or exchange of drugs. The activities must be happening on a regular basis.

Q - I'’ve been served with a Community Safety Order. Can it be changed or overturned?

If you have been served with a Community Safety Order and do not agree with it you should get legal advice right away. You may be able to get legal advice from Dalhousie Legal Aid or Nova Scotia Legal Aid. If you do not qualify for Legal Aid, you may contact a lawyer in private practice.

You may apply to the Court (Supreme Court of Nova Scotia) to ask a judge to change the Community Safety Order if you live in the property but are not the owner (for example - you are a tenant), and the order:

§ says you and anyone living with you must leave (vacate) the property and can’'t go back

§ ends your lease or tenancy agreement, or

§ says that the property must be closed.

If you are not sure whether the order does any of these things, call the Public Safety Section, Policing & Victim Services Division, Nova Scotia Department of Justice, at (902) 424-2504.

You must apply to court within 14 days of the date you were served with the order.

A property owner or anyone who lives at the property, including a tenant, may apply to Court to change part of an order that says the property must be closed. You must apply to court before the date given for closing the property.

Applying to Court does not ‘stay’ the Community Safety Order. This means that even if you apply to Court to try to get the order changed, you still have to follow the order until the Court says differently.

If you are a tenant the Court might change the community safety order by, for example:

§ giving you and anyone living with you more time to leave the property

§ allowing you to move back in if you already moved out, or

§ putting your lease or tenancy agreement back in place.

Q - Can I appeal a Community Safety Order or other court order under SCAN?

You should get legal advice right away if you want to appeal a decision under SCAN. If you want to appeal you must apply to the Nova Scotia Court of Appeal within 14 days of the order you are appealing from. An appeal can only deal with “questions of law”, which are basically legal issues the judge made a decision about, not decisions on the facts. You must first get the court’s leave (permission) to appeal.

Q - Can the Director apply to Court more than once to close down the same property?

Yes.

Q - What are the penalties if I don’t follow a Community Safety Order?

The penalty is different depending on your offence. See the list below for offences under SCAN and the possible penalties:

§ If you are found guilty of removing or defacing an order notice posted on a building under SCAN you may have to pay a fine of up to $2,500.00, be sent to jail for up to 3 months or both.

§ If you are found guilty of entering a property that is closed under a Community Safety Order you may have to pay a fine of up to $5,000.00, be sent to jail for up to 6 months or both.

§ If you are found found guilty of not following a Community Safety Order you may have to pay a fine of up to $500 for each day that you do not follow the order.

Q - What about my rights under the Residential Tenancies Act?

If there is any conflict between the Residential Tenancies Act and the Safer Communities and Neighbourhoods Act, the Safer Communities and Neighbourhoods Acttakes priority.

Q - Where can I get more information?

§ Safer Communities and Neighbourhoods Act and regulations

§ To make a complaint contact Nova Scotia’s Public Safety Investigation Unit at 1-877-357-2337. You’ll find more information online at: http://www.gov.ns.ca/just/Public_Safety/safer_communities.asp

§ LISNS’ Legal Information Line– 1 800 665-9779 or 455-3135

For legal advice:

§ Nova Scotia Legal Aid – nslegalaid.ca, or listed under ‘Legal Aid’ in the government blue pages of the telephone book

§ Dalhousie Legal Aid Service– (902) 423-8105

§ A lawyer in private practice (a lawyer you would pay) - contact LISNS’ Lawyer Referral Service, or a lawyer listed in the Yellow Pages of the telephone book

http://www.legalinfo.org/housing-owning-renting-neighbours/safer-communities.html

-----------------

----

CANADA MORTGAGE AND HOUSING CORPORATION

Getting Started

Renting a Place to Live

Once a Rental Agreement Has Been Made

Issues During the Tenancy

Moving Out

For Landlords

Provincial and Territorial Fact Sheets

http://www.cmhc-schl.gc.ca/en/co/reho/yogureho/fash/

----------

Tuesday, July 21, 2015

Renting in Canada

August 7, 2013 By Rochelle Johannson Print This Post

Deposits and Fees

Lease Agreement

Rent Increases

Ending a Tenancy

Provincial Quirks

Related posts:

Five Things Every Tenant Should Know Co-Tenants and Co-Responsibilities I’ve Been Good. Can My Landlord Make Me Move? Renting with a Pet

Related Posts

Five Things Every Tenant Should Know Co-Tenants and Co-Responsibilities I’ve Been Good. Can My Landlord Make Me Move? Renting with a Pet

Renters pay pet deposit, not pet rent

NOVA SCOTIA – LANDLORD & TENANT RULES CHANGE

Landlord & tenant rules change

As you pick up and pen and sign a lease, be aware of your rights and limitations.

4 things to know if you're harassed by debt collectors

Know your rights to protect from annoying collection agents, consumer advocate says

When can credit agencies contact you?

Collection firm no-no's:

How often can collection firms contact you?

Can the debt collector lie or threaten legal action?

Can they ask other people about you?

http://www.cbc.ca/news/canada/4-things-to-know-if-you-re-harassed-by-debt-collectors-1.1153120

----

What Renters and Landlords Need to Know!

Related Links

Related Links

-------------

I’ve Been Good. Can My Landlord Make Me Move?

Does the law say that the landlord can end the tenancy for the reason stated in the notice?

The reason for termination is legal, but has the landlord provided enough notice?

The notice seems to be legal. Does the tenant have to move?

The notice is not legal. What can the tenant do?

Where can the tenant go for help?

Related posts:

Related Posts

Speak Your Mind Cancel reply

Latest Issue: July/August 2015

Our Columns

http://www.lawnow.org/ive-been-good-can-landlord-make-me-move/

-----

Tenant Rights Guide - Dalhousie University

Residential Tenancy Guide - Town of Antigonish

Housing

Privately owned rental housing

Private home ownership

Co-operative housing

Public housing

Tips For Finding an apartment or a House:

Renter/tenant responsibilities

Home insurance

Household utilities

Cancelling My Lease in Nova Scotia

Nova Scotia

NOVA SCOTIA- Safer Communities and Neighbourhoods Act

No comments:

Post a Comment

August 7, 2013 By Rochelle Johannson
Print This Post

Five Things Every Tenant Should Know

Co-Tenants and Co-Responsibilities

I’ve Been Good. Can My Landlord Make Me Move?

Renting with a Pet