Rental Knowledge: 5 Essential Duties Of A New Tenant

Rental Knowledge: 5 Essential Duties Of A New Tenant  —-

Renters have rights, but they also carry important responsibilities. As a tenant, maintaining respect and adhering to your lease agreements is crucial. But what happens if your landlord is difficult? Are you still obligated to pay rent or allow them access to your apartment? Indeed, your duties as a tenant do not depend on the landlord’s demeanor. Neglecting these duties can lead to issues with your local Landlord and Tenant Board, potentially overshadowing any misconduct by the landlord. Focusing on your five main responsibilities as a renter not only supports a positive relationship with a good landlord but also ensures that any issues with a difficult landlord are clearly attributed to them. Remember, your responsibilities as a renter are vital to securing a great experience and an even better reference. So, consider these five basic, yet essential, duties as a guide for being a conscientious renter.

Follow Your Rental Agreement

To safeguard your rights as a tenant, it’s crucial to have a written lease agreement. This document should clearly outline all the terms of your tenancy that were agreed upon before you moved in. Important details such as pet policies, smoking restrictions, and the preferred method for contacting your landlord about maintenance and repairs should all be explicitly stated in the lease. This ensures that both you and your landlord have a clear understanding of the expectations and responsibilities, helping to prevent disputes in the future.

Your rental agreement should explicitly specify your monthly rent amount and any additional charges, like fees for parking or laundry services. The lease should also detail the accepted payment methods and any penalties for late rent. Common charges include fees for late payments, missed payments, or bounced checks, often referred to as non-sufficient funds (NSFs). Additionally, the agreement will outline the duration of your tenancy, establishing how long you are expected to occupy the unit under the terms of the lease.

Consider the lease as your rental agreement — a written contract that obligates both you and the landlord to responsibilities as a renter.

Pay Rent Consistently and on Time

Paying your rent on time every month is crucial, and we cannot emphasize this enough. However, it’s not uncommon for tenants to withhold rent in an attempt to have a complaint addressed or a broken item repaired. This approach should be avoided.

Withholding rent, even with legitimate grievances, often backfires if the dispute escalates to Small Claims Court or the Landlord and Tenant Board. These forums prioritize adherence to legal contracts. If you stop paying rent, you breach your lease agreement, which places you at fault legally.

If you have a legitimate concern or complaint, it’s important to communicate with your landlord promptly. Always document these communications. If your concerns are ignored, consider seeking assistance from a local legal aid clinic or the Landlord and Tenant Board. Remember, maintaining your end of the lease agreement ensures that the law remains on your side, supporting your right to have your concerns addressed. No matter the circumstances, continue to pay your rent to uphold your responsibilities under the contract.

When it comes to paying rent, it’s advisable to use a method that provides a clear record of the transaction, such as a check or online e-transfer. Avoid paying in cash or via wire transfer, as these methods do not automatically provide proof of payment.

Failing to pay your rent is considered a breach of contract, giving your landlord the right to initiate eviction proceedings under their provincial or territorial regulations.

If you find yourself unable to pay rent on time, communicate with your landlord as early as possible. You may be able to negotiate a revised payment schedule or obtain an extension, which can help maintain your compliance with the lease agreement—a critical responsibility as a tenant.

It’s important to note that you cannot withhold rent as a tactic to force maintenance work. The only circumstance under which you might refuse to pay rent is if you have not received a signed and dated copy of your lease. Always strive to maintain open communication and fulfill your contractual obligations to avoid legal complications.

Maintain the Property to the Best of Your Ability

As a tenant, you are generally responsible for maintaining the overall appearance and cleanliness of your rental unit, which is why landlords often seek renters who will treat the property as their own. For example, if your lease specifies that shoveling snow is your responsibility and you fail to clear the walkway during winter, you could be liable for any bylaw infractions. Furthermore, if someone slips and falls on the sidewalk outside your rental, you could be held responsible, highlighting the importance of having tenant insurance with adequate liability coverage. To avoid legal issues and additional financial burdens, it’s wise to maintain the property well and ensure you are covered by tenant insurance. Kevin Bartel, an insurance agent at Alberta-based Freeman Insurance Agencies, notes, “Tenant insurance pays to replace your belongings when damaged from a covered claim and includes personal liability insurance.”

If damages occur within the property, you as the tenant are only responsible for repairs if the damage was your fault and if the repairs are minor, such as fixing internal cabinet hardware or cleaning carpet stains. The landlord should handle all other maintenance and repairs. This distinction helps ensure that major issues are addressed by those responsible for the property’s upkeep, maintaining a fair and functional living environment.

Follow the Law

In every province across Canada, landlords are granted the right to evict tenants who engage in illegal activities that could damage their property. Eviction can also occur if a tenant poses a danger to others in the rental property or behaves in a manner that could jeopardize the landlord’s home insurance policy. Such actions undermine the safety and legal compliance of the rental environment, compelling landlords to take necessary steps to protect their property and ensure the well-being of other tenants.

Provide Proper Notice

Just as your landlord is required to provide you with written notice for rent increases or before they visit the unit, you, as a tenant, must also give written notice if you plan to vacate the unit. Typically, for those intending to move out at the end of their lease term, a fixed-term lease usually requires a 30-day notice. To understand the specific notice requirements in your area, you should consult the Canadian Mortgage and Housing Corporation (CMHC) fact sheets for your province or territory.

Overall, maintaining open communication with your landlord, adhering to the terms of your rental agreement, and acting responsibly can significantly enhance your relationship with your landlord. Now, it’s time to handle your responsibilities effectively.