Landlords and property managers should educate themselves on their rights, responsibilities and the frequently changing rental legislation. As each municipality/city and province/state varies, it is important for a landlord to consult their local landlord-tenant board for their specific regulations.
There are a variety of laws regarding each step of the rental process, which starts prior to the rental unit being advertised. It is important for a landlord to consider compliance with municipal property standards, zoning by-laws, fire safety regulations, local building codes and any required rental licensing. After ensuring compliance, there are multiple pre-lease details to consider.
Advertising Vacancies
It is important to be aware of and avoid the use discriminatory wording. The general rule of thumb is to describe the rental unit, not the ideal tenant.
Deposits
There are a variety of deposit restrictions that vary, depending on the area:
1. Rent Deposit:
One of two deposits allowed in Ontario. The maximum amount varies per state/province and is often interest accruing. This is sometimes referred to as "last month's rent".
2. Key Deposit:
The second deposit permitted in Ontario. It is often allowed as long as it is “not greater than the expected direct replacement costs”, but varies per state/province as well. Once the tenant returns the keys, a landlord must refund the deposit back to the tenant.
3. Security Deposit:
If a tenant pays rent on time and keeps the rental unit in good condition, then the tenant is entitled to get the security deposit back. The maximum amount depends on the state/province. A security deposit is common within the United States and some parts of Canada.
4. Pet Deposit or Fee:
The amount of a pet deposit, pet fee, pet rent and the overall prohibiting of pets varies per area and are only legal in certain states/provinces. There are also some exceptions such as landlord or tenant allergies. Emotional support animals can be another exception and we previously provided a blog regarding the legislation per province, In many areas, service animals are not considered pets, but some require training, certification or government-issues ID cards.
Places4Students.com provides templates for landlords to download and edit. However, these documents are just samples and landlords are advised to seek legal advice when creating any agreements. All rental arrangements and lease documents must be in accordance with the local housing laws for the rental property's city or state/province.
Once a tenant signs a lease or rental agreement and moves into the rental unit, there are laws associated with the tenancy.
Proper Notice Before Entering
It is important to give the appropriate notice before entering into a rental unit, which is often 24 hours, along with the reason of doing so and a specific date and time. There are exceptions, such as during an emergency, with the tenant’s permission, etc.
Rent Increase
The rent increase guideline changes per year and varies per location. The rent increase guideline is the maximum amount a landlord can increase rent during the year for most tenants without the approval of the Landlord and Tenant Board.
Maintenance and Repairs
A landlord is responsible for maintaining a rental unit or complex in a good state of repair, fit for habitation and for complying with health, safety, housing and maintenance standards.
Eviction
Some regions require approval from the landlord tenant board before serving an eviction notice to a tenant. In order to serve an eviction, there must be an appropriate reason such as for personal or family use, upon sale of the property, reconvictions and more.
Guest restrictions
For most housing types, aside from landlord-occupied and community housing, landlords are unable to restrict tenants from having overnight guests but are able to hold the primary tenant responsible for damage caused by guests. It is important to note that both landlords and tenants need to be aware of occupancy limits. Depending on the dwelling’s size and the capacity of various systems (i.e. sewer and septic tank), guests may cause the living arrangement to fall out of code.
These are just some of the many laws in place throughout the rental process. Every province and state varies, therefore, it is important to review the local legislature and/or consult legal representatives for the most accurate information for your area.
Places4Students.com provides templates for landlords to download and edit. However, these documents are just samples and landlords are advised to seek legal advice when creating any agreements. All rental arrangements and lease documents must be in accordance with the local housing laws for the rental property's city or state/province.
**from Places4Students.com