Entering a Tenancy
Protect Yourself[edit]
The Residential Tenancy Act requires that your landlord provide you with a written tenancy agreement. The reason for this is that when an agreement is written, you have proof of what you and your landlord agreed to. This proof can come in handy if you have problems later on. Tenancy agreements tend to protect landlord’s interests, but may not protect yours. Before signing make sure you can live with the terms of the agreement.
Understand your agreement[edit]
Make sure you understand what you are agreeing to. Read every word carefully, or have someone help you read the agreement. Do not sign the agreement until you are sure about what it says.
Get everything in writing. If your landlord agrees to clean or do repairs before you move in, write this in the agreement. If you add or change anything in the agreement, both you and your landlord should write your initials beside every change.
Ask your landlord to cross off any parts of the agreement you want changed. For example, if the agreement says “no pets allowed” but your landlord says you can keep your dog, change that section or cross it off. Both you and the landlord should write your initials beside the change.
Get a copy of the signed agreement and keep it in a safe place. If the landlord breaks a promise, it will be hard for you to prove anything without your own copy.
Get your landlord’s name, address and phone number. You need to know with whom you are dealing. Get the name and phone number of the manager or agent you talk with, too. If a landlord or property manager does notwant to provide this information, you should reconsider renting from them.
Utlilities[edit]
Make sure you know what your rent includes. Does it include parking, cablevision, heat, and light? Or do you have to pay for these things separately? Is this written down in the agreement?
Do not agree to put utilities for units other than yours in your own name. You should not be made responsible for collecting money from tenants in other units. Insist that the bills for shared utilities, like gas and hydro, are put in the landlord’s name.
If you live in a house with more than one unit where the utilities for the whole house are shared between the units, make sure your agreement specifies how many other people are living in the house and what your portion of the utilities are. For example, if additional tenants move into a suite with which you share utilities, your portion of the bill could also increase if you only agreed to pay a percentage of the total cost.
Your copy of the agreement[edit]
Legally the landlord must give you a copy of the tenancy agreement no later than 21 days after you sign it. Insist on receiving a copy as soon as possible after it is signed.
Verbal agreements While the landlord is required to provide a written tenancy agreement with you when you move in, the law still protects you even if you only have a verbal agreement. Furthermore, if you didn’t have a written agreement to begin with you do not have to sign one later on if the landlord tries to change terms that you agreed to verbally.
New landlord If you get a new landlord, the rules in your old agreement will stay the same. A new landlord can’t make you sign a new agreement. For example, if your place is sold the new owner would have to follow the same rules about rent increases as if your landlord had never changed.
Terms in the agreement[edit]
Some things are automatically included in every tenancy agreement, like hot water and locks on the doors. These are basic rights for every tenant. Even if these things are not listed in your agreement, you still have a right to them. Other things are “extras”, like laundry facilities or a parking space. A tenancy agreement includes the things the landlord agrees to provide. It also lists the rules you agree to,like where you can store things.
Be sure to get the “extras” in writing. Your landlord can’t change your tenancy agreement unless you both agree. For example, your landlord can’t make you start paying for heat if that was not part of your original agreement.
The Residential Tenancy Act allows landlords to take away or restrict certain services if you are compensated with a rent reduction and if the services are not essential to your tenancy. Therefore, it is important to make sure your agreement states everything that is included in your tenancy agreement. See Sections 14 and 27 of the RTA.