Rental Season Part 2: Your Rights After You Move In

You have found a place, signed the lease, and moved in. But life as a renter comes with its own set of challenges. Understanding your rights as a tenant in Canada can help you navigate disputes with confidence and protect yourself from unfair treatment.

Deposit Returns

The rules around deposits — including those for rent, security, keys, and pets — are complex and vary by province. In Quebec, landlords are prohibited from collecting any deposits. In Ontario, landlords can collect a rent deposit equal to one month's rent and a key deposit, but not a security deposit. In Alberta, landlords may collect both a security deposit and a pet deposit. Always obtain a receipt for every deposit you make.

Renovictions

"Renoviction" is a term used when a landlord evicts a tenant in order to carry out major renovations. Landlords cannot simply evict tenants without following strict rules. These rules generally include:

Smoking Policies

Landlords often have the right to enforce smoke-free policies, which can extend to individual units and balconies. In British Columbia and Ontario, new leases can include no-smoking clauses, but existing tenants with older leases may be exempt unless they agree to updated terms. If second-hand smoke from a neighbouring unit is affecting your health, the landlord may be obligated to address the issue.

Pet Policies

Pet regulations are determined by each province. In Ontario, a landlord cannot enforce a blanket "no pets" clause in a lease. However, if a pet causes damage, excessive noise, or allergic reactions in other tenants, the landlord may apply to the Landlord and Tenant Board for eviction. In Alberta, landlords have the discretion to allow or prohibit pets and may request a pet deposit. In Quebec, landlords can generally prohibit pets with some exceptions.

Other Common Situations

As a tenant, you may also face issues related to:

How a Personal Legal Service Plan Can Help

Tenant laws in Canada are complex and vary widely from province to province. A Personal Legal Service Plan gives you access to a lawyer who can explain your rights, review your lease, and help you resolve disputes with your landlord.