Residential Tenancies Act, 2018 - Government Services

Our Mission
Organizational Structure
Demand for Service
Rental Agreement
RTA Does not Apply
Types of Rental Agreements
Statutory Conditions
Security Deposit
Rent Increase
Termination
Abandoned Property
Notice Requirements
Service Requirements
Application to Director
Order without Hearing
Appeal of Decision
Offences
Contact Info

Our Mission

To protect residential tenants and landlords by providing:
- information on their rights and obligations under the Residential Tenancies Act; and
- effective and efficient dispute resolution services through mediation and adjudication.

Organizational Structure

Demand for Service

2017	East	Central	West	Total
Telephone Calls	19,944	2,088	5,724	27,756
Applications	907	63	130	1,100
Orders				50%
Mediations				13%
Dismiss/Withdraw				37%

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Rental Agreement

Section 2

Written
Oral
Implied
A Tenant is granted the right to possess or occupy residential premises on the condition that rent is paid to a Landlord

Section 7

Landlord is required to provide the tenant:
- Copy of Residential Tenancies Act and Regulations (tenant may be asked to sign receipt)
- Copy of any written rental agreement within 10 days after it is signed.
- Written notice of provisions in any oral or Implied rental agreement within 10 days of agreement entered into.
- Landlord’s name, telephone number and address where documents may be received, delivered or served by the tenant
- Agent’s name, telephone number and address where documents may be received, delivered or served by the tenant
Tenant may withhold rent is landlord fails to provide to the tenant:
- Copy of the executed written rental agreement; or
- Written notice of an oral or implied agreement entered into.

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RTA Does not Apply

Section 3

Hospitals
Tourist establishments
Vacation home
Prisons
Temporary shelters
Nursing homes
University and college residences
Co-ops
Commercial properties
Rent to own agreements

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Types of Rental Agreements

Section 8

Periodic
- Week to Week;
- Month to Month
Fixed Term
- 6 to 12 months

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Statutory Conditions

Section 10

Landlord
- maintain the rental premises in a good state of repair and comply with any laws respecting health, safety or housing.
Tenant
- keep the premises clean and repair any damages caused by him/her or anyone they permit on the premises.
Subletting or Assigning
- Tenant is permitted to sublet or assign the premises with the landlord’s written consent
- Landlord cannot refuse a sublet or an assignment without a reason and can only charge for expenses incurred in relation to the consent to sublet or assignment.
Mitigation on Abandonment
- Landlord is required to minimize losses that may be incurred by a tenant abandoning the rental unit by seeking to re-rent the property as quickly as possible.
Entry of Premises
- Landlord is prohibited from entering the premises without the consent of the tenant unless:
  - Case of emergency
  - 24 hour written notice, reasonable time of entry time; or
  - 4 hour notice, reasonable time where notice of termination has been given
Entry Doors
- Unless a landlord and tenant agree otherwise, the landlord or tenant shall not change the locks on a rental unit.
Peaceful Enjoyment & Reasonable Privacy
- Tenant shall not interfere with the reasonable privacy or rights of the landlord or other tenants;
- Landlord shall not interfere with the tenant’s reasonable privacy or peaceful enjoyment of the premises
Disconnection of Services
- The landlord and tenant shall not, without the consent of the other, cause the heat, water or electrical power to be disconnected to the rental unit.

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Security Deposit

Section 14

Week to week
- 2 weeks rent
Month to Month
- ¾ month rent
Fixed Term
- ¾ month rent

Money paid by a tenant and held by the landlord as security against the liability of the tenant
Not rent
Not an asset of the landlord
Not a holding deposit
Landlord must provide a receipt if security deposit is paid
Landlord must hold in separate trust account if 3 or more rented premises
Landlord must return security deposit within 10 days after termination of tenancy
- No agreement reached regarding disposition; or
- Claim filed to apply the security deposit
Tenant files claim for return of security deposit
- Landlord has 10 days to file claim to apply the security deposit
If Landlord does not file claim in response
- No hearing
- Order issued for landlord to return security deposit to tenant.

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Rent Increase

Section 16

Week to week rental
- Not less than 8 weeks before effective date
Month to month
- Not less than 6 months before effective date
Fixed term
- Not less than 6 months before effective date

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Termination

No Cause

Section 18

Landlord Notice to Tenant
- Week to week
  - Not less than 4 weeks before the end of the rental period
- Month to Month
  - Not less than 3 months before the end of the rental period
- Fixed Term
  - Not less than 3 months before the end of the fixed term

Tenant Notice to Landlord
- Week to week
  - Not less than 7 days before the end of the rental period
- Month to Month
  - Not less than 1 month before the end of the rental period
- Fixed Term
  - Not less than 2 months before the end of the fixed term

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Exceptions

Section 18

Tenant Notice to Landlord
- Not less than 1 month to the end of the rental period
  - Tenant ill health where income is reduced;
  - Tenant required to live with ill family member;
  - Tenant is admitted to a nursing home;
  - Tenant dies

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Cause

Section 19

Failure to Pay Rent
- Notice after 5 days late rent,
- Termination not less than 10 days after notice

Section 20

Material Breach
- Notice to remedy the breach within a reasonable time,
- Termination not less than one month before the end of the rental period

Section 21

Premises Uninhabitable
- Notice to be effective immediately may be given by either the landlord or tenant (e.g. disconnection of electrical power or water)

Section 22

Tenant Obligation Not Met
- Tenant fails to keep the rental premises clean or repair any damage caused by a willful or negligent act;
- Notice to comply within 3 days
- Termination not less than 5 days after notice

Sections 23 & 24

Interference with Reasonable Privacy or Peaceful Enjoyment
- Tenant Notice
  - Notice of termination not less than 5 days and not more than 14 days after notice
- Landlord Notice
  - Notice of termination not less than 5 days after notice

Section 25 & 26

Domestic Violence
- Tenant Notice
  - Obtain certificate
  - Not less than 30 days notice
  - Rental agreement is terminated for all

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Invalid Purpose

Section 29

Invalid Purpose
- Retaliation for the tenant from securing their rights under the RTA
- Tenant may apply to the director no later than 1 month after receiving the notice to contest the notice

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Abandonment

Section 31

Tenant has vacated the premises
Rental agreement is not terminated
Rent is overdue

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Abandoned Property

Section 32

Landlord cannot seize a tenant’s property for any reason
Landlord must apply to Residential Tenancies Section for authorization to dispose
Inventory property left behind
- Document
- Photos
Hold for 30 days
Can store in rental premises
Make application to dispose of property

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Notice Requirements

Section 34

Must be in writing in form prescribed
All fields must be completed
- Name and address of recipient
- Rental address
- Section of the Act under which notice is given
- Signature of person giving notice

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Service Requirements

Section 35

Electronic
Giving it personally
Giving it to a person 16 years of age or older
Posting it in a conspicuous place
Placing it in the mailbox or under a door
Sending it by registered mail, express post,
Courier service
Substituted Service
- Demonstrate that other approved methods of service have been tried and failed
- Approval required