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Welcome
to the Frequently Asked Questions (FAQ
page). Below, we have tried to answer the
most common questions visitors to this our
Web site may have. If you find that your
question is not answered on this page,
please e-mail us or call
us.
Q:
Is
there a standard form of lease for a
tenancy agreement?
Q:
What
is a Fixed-Term Lease?
Q:
If
a lease is in writing, does the landlord
have to give the tenant a
copy?
Q:
Is
the landlord required to give a copy of
the Act to the tenant?
Q:
Is
the tenant required to provide the
landlord with the names of other people
who are going to live in the
premise?
Q:
Can
a landlord make rules for the
premise?
Q:
What
happens when a tenant on a year to year
lease receives a transfer in his/her
work?
Q:
When
a tenant sublets/assigns a lease, are they
still responsible for the
lease?
Q:
Can
tenants keep pets?
Q:
Can
a tenant refuse to pay rent for any
reason?
Q:
When
a notice to quit has been given, does the
tenant have to pay the
rent?
Q:
Do
notices to quit have to be in
writing?
Q:
Can
a landlord enter the rented
premises?
Q:
What
is considered to be daylight
hours?
Q:
What
is a security deposit?
Q:
How
much can a landlord collect as a security
deposit?
Q:
When
should the security deposit and interest
be returned to the tenant?
Answers To The
Is
there a standard form of lease for a
tenancy agreement?
Yes.
The standard form of lease, applies to all
written and oral tenancies. A lease is a
written or oral tenancy agreement between
a landlord and a tenant.
What
is a Fixed-Term Lease?
A
fixed-term lease is a leasing agreement
with a specified beginning and ending
date. Example: September 1, 2002 to August
31, 2003. It ends on the date in the lease
and neither the landlord nor the tenant is
required to give written notice to end the
tenancy on that date.
If
a lease is in writing, does the landlord
have to give the tenant a
copy?
Yes.
The lease must be signed by both the
landlord and the tenant. The landlord must
give the tenant a signed copy within ten
calendar days of signing.
Is
the landlord required to give a copy of
the Act to the tenant?
Yes. A
copy of the Act must be given to the
tenant by the landlord within ten calendar
days of acceptance.
Is
the tenant required to provide the
landlord with the names of other people
who are going to live in the
premise?
Yes,
the landlord must approve every occupant
of the premises and their name must be
included on the lease.
Can
a landlord make rules for the
premise?
Yes.
The rules must be reasonable. The landlord
should give a copy of the rules to the
tenant prior to the signing of the
lease.
What
happens when a tenant on a year to year
lease receives a transfer in his/her
work?
The
tenant has to sublet or assign the leasing
agreement.
Sublet
- When a tenant, with the consent of the
landlord, gives all their obligations and
rights of the lease to another person, for
a period of time, during the course of the
tenancy agreement. The original tenant
intends on coming back to the unit before
the end of the tenancy
agreement.
Assign
- When a tenant, with the consent of the
landlord, gives all the obligations and
rights in a lease to another person. The
original tenant will not be returning to
the unit.
When
a tenant sublets/assigns a lease, are they
still responsible for the
lease?
Yes,
the tenant(s) who subleted or assigned the
lease is still responsible to the
lease.
Can
tenants keep pets?
The
tenant should check the rules for the
premises to make sure that pets are
allowed. If the tenant receives consent
from the landlord, it is a good idea to
get it in writing.
Can
a tenant refuse to pay rent for any
reason?
No, the
tenant is always responsible to pay the
rent to the landlord.
When
a notice to quit has been given, does the
tenant have to pay the
rent?
Yes.
Rent must be paid until the end of the
tenancy.
Do
notices to quit have to be in
writing?
Yes,
the notice to quit is to be in
writing.
Can
a landlord enter the rented
premises?
Only
if:
- There
is an emergency.
- The
landlord has given written notice of entry
and the entry is during daylight
hours.
- A
notice to quit has been given by the
landlord or the tenant and entry is made
during daylight hours to show the premises
to prospective tenants or
purchasers.
What
is considered to be daylight
hours?
They
are from 9:00 in the morning to 9:00 at
night.
What
is a security deposit?
A
security deposit is a payment by the
tenant to the landlord to be held in a
trust account until the end of the
tenancy.
How
much can a landlord collect as a security
deposit?
The
security deposit cannot be any more than
one half of one month's rent.
When
should the security deposit and interest
be returned to the tenant?
Within
10 days after the end of the tenancy which
is ten days from the end of the notice
period given to the tenant or the
landlord. The time does not necessarily
start from the time you move out. Tenants
should give the landlord an address where
the security deposit is to be
sent.
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