It is the landlord’s responsibility to maintain the unit and ensure that it is in a good state of repair, even if:

• the tenant was aware of problems in the unit before they moved into it, or,
• the landlord puts into the lease that the tenant is responsible for maintenance.

However, the tenant is responsible for keeping the unit clean, up to the standard that most people consider ordinary or normal cleanliness.  The tenant is also responsible for repairing or paying for any damage to the rental property caused by the tenant, their guests or another person living in the rental unit.

When a tenant decides to move, they must provide a written notice of termination to the landlord. In most cases, this is a 60-day notice. The termination date must be the last day of their rental period or their lease, even if this is more than 60 days.

For example, if it is a monthly tenancy that begins on the first day of each month and the tenant gives the landlord notice on June 15th, the termination date would be August 31.

In the case of a weekly tenancy, the tenant must give the landlord at least 28 days notice before the last day of the final week of the tenancy.

If the tenant pays rent on a daily basis, 28 days is also required.

About Rent Payments

Tenancy agreement should be clear

When a landlord agrees to rent a unit to a person, the following information about rent payments should be made clear:

• the day that rent payments are due,
• how each rent payment is to be delivered to the landlord, and
• the acceptable methods for paying the rent.

Paying rent on time

It is very important that rent payments are made on time.

The rent is late if the full amount is not paid by midnight on the day it is due.  A landlord does not have to accept partial payment of rent.

If partial payment is accepted, the landlord can still take steps to collect the rest of the rent that is owing, including serving a notice that asks the tenant to pay the rent they owe, or move out of the unit.

Delivering the rent

In most cases, the tenant must deliver the rent payment to a place agreed to or set by the landlord.

This might be to the landlord’s residence or place of business.  In a larger building, the tenant might be required to deliver the rent payment to the superintendent of the building.

If a rent payment is mailed, the tenant should mail it far enough in advance so that it gets to the landlord by the due date.  The tenant should allow at least five days for delivery.

Once a decision is made about how rent payments should be delivered, it cannot be changed unless both the landlord and tenant agree.

How the rent payment is made

When a landlord and a new tenant agree to enter into a rental agreement, they usually discuss how the rent will be paid.

Payments are usually made by either cash or cheque.  If rent payments are made in cash, tenants should make sure to get a rent receipt from their landlord.

Although the landlord and tenant can agree that the rent will be paid by post-dated cheques or automatic payments (such as debits from a tenant’s account or by credit card), a landlord cannot require the tenant to pay by either of these methods.

Once a method for making rent payments has been decided, it cannot be changed unless both the landlord and tenant agree.

Rent receipts

A landlord must give the tenant a receipt for any rent payment, rent deposit or other charge, if the tenant asks for one.

A landlord must also give a former tenant a receipt if that person asks for one within 12 months after the end of their tenancy.

A rent receipt must contain the following information:

• the address of the rental unit,
• the tenant’s name and the landlord’s name
• the amount paid,
• the date the payment was made,
• what the payment was for (such as arrears, rent, rent deposit, etc.), and
• the signature of the landlord or the landlord’s agent.

The landlord cannot charge a fee for giving a receipt.

Withholding rent

A tenant should not withhold any part of the rent, even if the tenant feels that maintenance is poor or a necessary repair has not been done.  A tenant could be evicted, if they withhold rent without getting approval from the Board.

For more information on this topic, see the brochure on Maintenance and Repairs.  This brochure is available from the Board.

What a Landlord Can Do if a Tenant Does Not Pay Rent

Landlord options

If a tenant does not pay their rent:

• The landlord can give the tenant a notice to pay the rent they owe or move.  If the tenant does not pay or move in response to the notice, the landlord can apply to the Board for an order to evict the tenant and to collect the rent that the tenant owes.

OR

• The landlord can apply to the Board only for an order to collect the rent that the tenant owes, and not ask the Board to evict the tenant.