Apartments for rent in Canada

Rents: Can tenants and landlords agree to rents freely in Canada?

In all provinces the initial rent can be negotiated freely. In Quebec, however, initially negotiated rents may be appealed, if within the previous 12 months they are more than a rent charged by the same landlord. doha sale

Before increasing the rent in all provinces, a 3-month or 90-day notice is necessary except in Nova Scotia where the requirement is 4 months and in Quebec when the notice is contract-related.

Rent increases in four provinces are regulated and the maximum permissible increase is determined annually.



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The residential tenancy office's maximum allowable rent increase in 2008 is 3.7%. (based on provincial inflation plus 2 percent ).


In Manitoba, rent increases are indexed to inflation and a factor in economic adjustment. According to the Residential Tenancies Branch, rent can be increased by 2,5% in Manitoba in 2008.


The Landlord and Tenant Board authorities in Ontario have set a maximum allowable rent increase for 2008 of 2.1%. Rent increases are based on the inflation of the province.

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Rental increases are not the tenant, but the property. The office of the residential property manager sets the annual rental increase. In 2008, only 1% increase in rent is permitted. The respective rental authority must approve further increases.

Source: CMHC, the rental authority of each province

In Quebec, the landlord must tell the landlord that in the last 12 months he paid the lowest rent for the property. The new tenant can challenge the rent proposed and ask the Régie du logement to fix the rent. During the contractual term, rents can be adjusted if agreed in the contract but any party in the Régie du logement can appeal the changes. If it is difficult for the parties to agree, the Government will fix the rent for the same apartment in relation to the previous rent.

For 2008, rent increases based on tax variations and the type of heating used in units were recommended by the Régie du logement. For units with major repairs and renovations, an additional 4.3 percent rental increase is recommended.


The first table presents the basic increases when the municipal and school taxes are not varied and there are no significant improvements.

Heated housing

No tax change.

0.8 percent electricity

gas 0.5%

1.3 percent oil

Non-heated housing 0,7%

If a tax increase occurs, 0.7% is added to each 5% tax increase. For example, for a house which was heated by electricity when taxes rose by 5%, the estimate is 1.5% (0.8% + 0.7%). If the tax increase is 10% then the average estimate will be 2.2% (0.8% + 1.4%). A reduction in taxation will have the opposite effect. Heated housing 5% tax increase

+0.7 percent electricity = 1.5 percent

+0.7 percent gas = 1.2 percent

+ 0.7 percent with oil = 2.0 percent

Non-heated dwellings + 0.7% = 1.4%

Source: Accommodation management.

In certain provinces such as Ontario the tenant may request a rental reduction from the provincial authority in a limited situation. This can be the case when the landlord fails to provide any repairs or improvements, fails to provide services as a condition of an increase in rents, reduces municipal taxes, or reduces or eliminates any building service or installation, or the landlord fails to decrease rent.


Canada Condominiums in Vancouver Landlords can request a securities deposit in all provinces, except Quebec where deposits are prohibited, from 1/2 to one complete month of rent and Ontarios where landlords can instead collect the rent last month in advance. The landlord may collect an additional half month's rental as a pet security deposit in British Columbia.

Most areas have a fixed rate or interest rate chart indicating how much interest should be paid. The provincial rental authority, not the landlord, holds the deposit in some provinces. When a tenancy ends, the deposit initially collected is returned to the tenant, except for deductions mutually agreed. When the landlord and tenant do not agree on a deduction, the arbitrator or judge who resolves the dispute must appear before him.

The deposit must be returned within several weeks of the tenancy ending in most provinces. The deposit must be returned in British Columbia and Manitoba within 15 days, in New Foundland for 14 days and in Saskatchewan for 7 days. If not, the judge or arbitrator could impose fines on the landlord that normally equivalent to the amount of the deposit of the security.

What are the rights of landlords and tenants in Canada, particularly in terms of contract duration and expulsion?

The contract may not be terminated within one year by the landlord except for reasons (e.g., rental non-paid by tenants, tenants performing illegal activities, and so on).

Residential houses in Canada

The rental agreement may allow landlords and tenants in most provinces to agree that the rent will expire after a fixed period and the tenant must move out. However, this is unusual. Under most conditions, a "month-to-month" or "year-to-year" contract is concluded indefinitely after the first fixed term.

After providing written notification to the host, tenants may terminate their rental agreement. Notifications must be given in advance, from 1 to 3 months depending on the province.

If the tenant ends a fixed-term lease, he must pay direct costs to find a new tenant (newspaper announcements, credit checks, etc.) and pay for any losses of rent resulting from the premature departure of the tenant. The landlord is however obliged to mitigate his damages and cannot deliberately delay the re-rental of the premises and charge the loss back to the original tenant.

In all provinces, landlords may not expel a tenant at any time without showing cause or for specific legal reasons - for the sake of, for example, renovating or use of the property by the landlord. However, the landowner in Alberta, Ontario and Newfoundland cannot expel a tenant to even use the property to himself or his children or family.

Once an expulsion notice is provided, it varies depending on the reason for the expulsion. The tenant in British Columbia, for example, is permitted to pay rental delays for up to 5 days, or the tenant must move within 5 days of the expiry of the 5 day payment period. The tenant has the right to a one-month notice when expelled for breach of the terms of his rental agreement and for 2 months when the landlord moves onto the property. If the landlord wants to move into the property in British Columbia, he has to reimburse the tenant one full month for rent.

In most provinces where tenants do not pay the rent, notices may be issued as soon as the rent is late (in Ontario), while in others, a grace period ranges from 4 days in Manitoba to 30 days in some maritime provinces. The notice of non-payment of rent shall contain the rental amount owed by the tenant, the date the tenant moves out and a statement that the tenant may disagree with the notice of the tenant.

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Procedures and paperwork in cases of eviction are extremely important. Where the landlord has a good reason to terminate a tenancy but does make a minor mistake in the paperwork, the Tribunal can set aside the notice and ask the landlord to re-serve the documents in question, which results in significant expulsion delays.

The rules on smoking and animals vary. In most provinces and territories the landlord can refuse to rent a unit to smoking tenants or animals. In others (Ontario), the landlord may not ban the tenant from smoking or having pets unless he can show that the pets are unreasonably harmful to the property.

Subletting/lease assignment: Tenants must be authorized by the landlord in writing before subletting. But the landlord may not unreasonably withhold this permission. However, the landlord is protected as he can insist on screening prospective new landlords with credit checks, references to landlords etc. and can reject any prospects he considers as financial risk.


Duration until process service is completed 5

Trial Duration 21

Enforcement Duration 17

Total Evict Tenant Days 43

Courts: The Project Lex Mundi

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