What are your Rights as a Tenant

Tenant rights vary from place to place but there are a number of rights that are common and are addressed in almost every province. Here is a list of common tenant rights that you should know to protect yourself during the tenancy period as well as after you move out.

• Everybody has an equal right to rent a place irrespective of gender, race, colour, national origin, religion or family status. Even denying housing to a disabled person is internationally illegal.
• Houses and apartments should be liveable and in compliance with local housing and health codes. This means that the residential rental units should be structurally safe and weatherproofed, and should have adequate resources for water, heat and electricity.
• Usually local governments fix the amount the landlords can charge for security deposits and it varies with regions. Check with the local authorities if the amount of security deposits is fixed in your area.
• Repairs and maintenance is the responsibility of the landlord. He/she should perform these tasks in a timely fashion. However, the landlord can include a provision in the lease agreement making the tenant responsible for the repairs and maintenances, but in this case the tenant will have the right to deduct the cost of maintenance from rent.
• A landlord is not allowed to enter a rented apartment except for making repairs or in case of emergency. Moreover, he/she must give prior notice (24 to 48 hours) to the tenant before entering the unit.
• Lease provisions contrasting with the state law are usually not enforceable in court.
• You always have a right to terminate the lease if your landlord violates terms related to personal safety, health or necessary repairs.
• You landlord cannot deduct from your security deposit damages for normal wear and tear. Some regions require the landlord to produce a list of damages against which he/she has made deductions.
• Landlords are usually required to refund security deposits within 15 to 30 days after the tenant has vacated the house or apartment, even in case of eviction.
• A landlord cannot legally change the locks of the unit, shut off the utilities, or evict the tenant without prior notice.
• In case of constructive eviction the tenant can take legal action against the landlord. A constructive eviction is one in which the owner of the rental unit makes life so miserable for the tenants that they are forced to leave the place.