The Residential Tenancies Act (RTA) attempts to strike a balance between the rights of tenants and landlords. In addition to having numerous rights, tenants also have several important responsibilities.
If tenants do not meet their responsibilities, then a landlord has the right to give a tenant an official written notice called a “Notice to End a Tenancy for [a specified reason].”
There are several different types of notices. The notice must state why and when the landlord wants a tenant to leave.
If a tenant does not move out, or correct the problem, the landlord may bring an application to the Landlord and Tenant Board (LTB) for an eviction order. Tenants have the right to dispute the landlord’s Application at an LTB hearing.
Pay Rent on Time. In a monthly tenancy, tenants must pay rent, on a regular basis, no later than the first of each month.
A Clean Home. Tenants are responsible for ordinary cleanliness within rental premises. If a house is being rented, the lease should state whether the tenant is responsible for outdoor maintenance such as lawn mowing and snow removal, and the amount of compensation for such work. In an apartment building, the landlord is responsible for looking after and cleaning all common areas.
Repair Damage. Although landlords must maintain and repair the rental premises, tenants are responsible for repairing any damage that they or their guests cause.
Be Reasonably Quiet. Tenants may not disturb other tenants or the landlord in a residential rental building.
Obey the Law. Tenants can face eviction if they or their guests engage in illegal activities. They do not need to be convicted of a criminal offence to face eviction for such behaviour.
To be Honest about their Circumstances. Tenants who apply for social housing must not lie about their income or who lives in the rental unit. They must also provide regular reports as requested.
Changing Locks. Tenants may not change the locks without the landlord’s prior consent.
Honour the Terms of the Lease. Tenants are required to honour all of the terms of the lease (tenancy agreement) that they have signed provided that the terms do not contradict the RTA.
Legal Notice to Leave. Tenants must provide their landlord with proper legal notice to end a tenancy when they want to move. For example, the RTA requires tenants who rent premises on a monthly basis to give their landlords 60 days’ notice ending on the last day of the month, and at or after the date their original lease expires. Tenants should provide this notice in writing so that they have proof that it was properly given.
Landlords also have the right to evict tenants for a number of other reasons such as requiring the rental premises for themselves, doing extensive repairs that require the rental unit to be empty, or changing the building so that it is no longer used as housing.
If a tenant receives a notice for any reason, they can contact the Chatham-Kent Legal Clinic for advice.
Walter Van de Kleut, CKLC Executive Director (www.cklc.ca, 519-351-6771)
