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FAQ

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 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.

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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