Are you looking into tenant rights In Canada? When you’re renting any property, you have something called tenant rights that protect you from negligent landlords and management companies.

Let’s say that your plumbing hasn’t been working for days, leaving you without clean drinking water, and no one has responded to your calls or emails about it.

If you want to speak to a Realtor in BC, we suggest calling Jova Xu. 7786808530 … You can also text this number.

As easy as it would be to go to a store and pick up bottled water, you shouldn’t have to spend money on something that’s guaranteed in your lease. At what point is your landlord being negligent?

The relationship between a landlord and tenant can get awkward quickly, especially when there are things wrong with the property.

To protect yourself, you must know as a renter and when it’s time to act if you’re being treated poorly. In this article, we’ll discuss what all renters should know about tenant rights. 

You Have a Right to Livable Conditions

No matter where you rent, you have a right to be provided with a habitable space that includes working plumbing, electricity, and heat.

The landlord from our example before has violated the law by not providing you with working plumbing and access to safe water. 

State laws vary on how a landlord must provide these livable conditions and what tenants can do when their rights are violated.

Famous Tenant Rights Cases In Canada

Tenant rights cases have gained much attention in Canada, as many tenants struggle with landlords who do not follow the Residential Tenancies Act regulations.

These high-profile cases showcase the challenges tenants face and the necessity for greater protection of their rights. Over the years, several cases have made national headlines, including…

Bed Bug Infestation in Vancouver

Tenants of a Vancouver apartment building filed a class-action lawsuit against their landlord, claiming that the building was infested with bed bugs. The tenants alleged that the landlord had failed to take adequate measures to control the infestation, causing significant stress and discomfort.

The case raised concerns about landlords’ responsibilities to maintain their buildings and ensure tenants’ well-being. The lawsuit ended with a settlement, with the landlord agreeing to pay damages and take steps to control the bed bug infestation.

Illegal Rent Increases in Toronto

A group of tenants filed a complaint in 2018 with the Landlord and Tenant Board in Toronto, alleging that their landlord raised their rent above the legal limit without providing proper notice. The tenants claimed that the rent increases caused significant financial hardship and stress.

This case emphasized the importance of tenants understanding their rights under the Residential Tenancies Act. The landlord was eventually ordered to pay damages and lower the rent to the legal limit.

Airbnb Rentals in Toronto

Tenants of a Toronto apartment building filed a lawsuit in 2019 against their landlord, alleging that he allowed Airbnb rentals in the building without their consent.

The tenants claimed that the rentals led to significant disruptions, including noise and security concerns, and violated their right to peaceful enjoyment of their homes.

This case highlighted the need for greater regulation of short-term rentals in Canada and the importance of tenants’ rights to privacy and security. The lawsuit is ongoing, with the tenants seeking damages and an injunction against allowing Airbnb rentals in the building.

Illegal Eviction in Montreal

A Montreal landlord was fined $1.5 million in 2017 for illegally evicting tenants from several buildings in the city. The landlord was found to have used intimidation and harassment tactics to force tenants out of their homes, including cutting off their electricity and heat.

This case underscored the significance of tenants understanding their legal rights and the need for greater enforcement of tenant protections. The landlord was ordered to pay damages to the affected tenants and provide them with compensation for their losses.

Bedroom Size Requirements in Vancouver

The size of bedrooms in rental units in Vancouver has become a controversial issue, with many tenants facing cramped living conditions in small apartments.

A group of tenants filed a complaint in 2018 with the City of Vancouver, alleging that their landlord was renting out bedrooms that did not meet the minimum size requirements set by the city’s building code.

This case highlighted the need for greater enforcement of building codes and regulations to ensure that tenants have adequate living conditions. The landlord was eventually ordered to pay damages and provide the tenants with larger bedrooms that met the city’s building code requirements.

Landlords Must Follow Safety Guidelines

In addition to providing livable conditions, landlords are also required to ensure that the property itself is safe and reduce the risk of injury, death, or victimization.

This can include things like providing functional locks on doors and windows, smoke detectors, and windows that can be a means of escape if there’s a fire. 

Landlords aren’t required to make old property meet the current code because the standards change frequently.

Local or state law may require landlords to include a disclosure in the lease agreement that notes the existence of things like lead paint. 

Tenants Must Pay Rent Despite Tenant Rights

This one should be obvious, but landlords have the right to pursue eviction when you stop paying rent, no matter the reason. It doesn’t matter if you just didn’t feel like paying or you can’t afford to pay. You can still be evicted. 

You also cannot refuse to pay rent to make your landlord perform any duties, including maintenance. 

Leases Don’t Supersede Law

Landlords might give you leases that take advantage of the fact that you don’t know tenant rights. If you sign a lease that includes a rule that violates your rights, these policies cannot be enforced because the law supersedes your lease. 

If a landlord wants to end a rental relationship, they must notify the tenant within a specified number of days as determined by state law.

As a tenant, you will also have a set number of days to notify your landlord that you’re moving out. You cannot simply leave the apartment and stop paying rent without letting them know. 

Always Document Things

As soon as you move into your new place, document everything you can. Make sure that you photograph every room and make a note of any existing damage or repairs that need to be made.

You should also keep dates and document every repair request that you make. 

This way, you’re more likely to avoid any fees if, when you move out, the landlord tries to charge you a fee for damages that you documented when you moved in. 

Your Security Deposit Should Be Returned Within 30 Days

Most local and state laws require security deposits to be returned within timely days, but this might differ depending on where you live.

If a landlord refuses to return your security deposit, they “must have a legitimate reason for withholding all or part of the security deposit,’ according to SmartMove. 

Within 30 days, you should receive a check or an itemized list of deductions from your security deposit. 

You Can Fight Eviction Using Tenant Rights

Landlords follow a detailed process for filing for eviction with a court. The first thing is a notice to vacate.

If you move out when you receive this notice, you have not technically been evicted and won’t have an eviction on your record. However, if you don’t move out immediately, an eviction can be filed in court. 

You have the option to fight an eviction once it’s been filed. To successfully do so, you need to appear in court for every scheduled hearing. 

Your landlord cannot enter your rental at any time of day without notice unless there is an emergency.

However, rental laws vary on how much advance notice a landlord must provide you with before coming in for repairs and showings. 

The law does not require landlords to afford you any conveniences when it comes to coming into your apartment.

If they are going to be coming in to inspect it for your safety, they may choose to give you a timeframe instead of allowing you to choose your own. 

The Right to Notice Before Raising Rent

Your landlord cannot legally raise the rent during your lease term. However, they can raise it in between terms, and many do.

An increase in your rent from one year to the next is common, and you should expect it to go up every year.

Some landlords will offer you a discount for continuing to rent with them, which can make your apartment cheaper than your neighbours’ if you stay there for several years.

However, they are not required by law to give you any discounts. 

Advocates Can Help With Tenant Rights Issues

Several tenant rights organizations can help connect you to resources that can help you understand your rights. Some operations offer hotlines to help answer your questions and give you information. 

The first thing you can do to is to look at your lease to make sure that both you and your landlord are following the terms of the agreement.

If they are not, you can then look to the law to see what you can do about it. 

Final Notes On Tenant Rights In Canada

It’s a good idea to understand your rights as a tenant and as a citizen in general. Bookmark this post for future reference and to help you build a strong, equitable relationship with your landlord or property manager.

I hope you found this guide on tenant rights in Canada useful.