• What do I do if a repair needs to be done in my apartment?

Landlord should address maintamamce requests in a timely manner. First, contact your landlord in person or over the phone/email to ask them to make the repair. If you cannot reach your landlord, they refuse to make the repair, or if they do not do it on time, then you should send them a written request for repair. In the letter, you should explain what repairs need to done and give a time limit (usually 10 days). Say that if your landlord does not complete the repair you will file a claim for repairs with the Residential Tenancies Division.

• Can I withhold rent because a landlord is not maintaining the premises?

No, not paying the rent may result in the landlord sending the Termination Notice to you.

• Am I responsible for damages to the residential premises?

A tenant is responsible to repair damages caused by the tenant or one of the tenant’s guests or visitors.

• What can a landlord do if a tenant has not repaired damages?

A landlord can send a written request to the tenant to repair damages. If the tenant fails to do the repairs within 3 days or a reasonable time, then a landlord may give the tenant a written notice to terminate on any date 5 days following the date the notice is sent.

• Can my landlord get into my apartment whenever he wants?

No, your landlord should give you notice, verbally or in writing, 24 hours before visiting your apartment. If they are coming to show the apartment to a potential tenant, they can come between 9am to 9pm, and in the final month of a lease they can show the apartment with 4 hours of notice. If it is to make repairs, they can come between 7am and 7 pm. And if there is an emergency or the tenant has abandoned the property, the landlord may come with no notice at any time.

• Can a landlord terminate the lease when the tenant does not pay rent, no matter what reasons the tenant has?

Yes, a landlord can give the tenant a Termination Notice when the rent is not paid.

• If a landlord gives a tenant a written termination notice, is the tenant required to give a written notice of their vacant?

Yes, a written notice from a tenant is required when they are leaving, or rent will be payable until the effective date of termination.

• Can a termination notice be verbal?

No, a termination notice by a landlord must be in writing.

Notice of termination of rental agreement based on the Residential Tenancies Act -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