Security Deposit and Eviction

Landlords usually ask tenants for a security deposit (sometimes called a damage deposit) to cover any unpaid rent or damage a tenant may cause. Generally, the maximum amount a landlord may ask for as a security deposit is the equivalent of one month's rent at the time the tenancy starts. The security deposit cannot be increased as rent increases. Typically, landlords are required to hold security deposits in interest-bearing accounts..

Troubleshooting

If your landlord is not living up to his or her legal responsibilities, or if a government agency determines that the apartment has a health or safety violation, make sure you know your rights.

In Canada, tenant and landlord rights are under provincial jurisdiction, so your provincial government’s website is a good place to start looking for information. You can also contact a local legal aid group. Whether you choose to take legal action, or even decide to move out, you need all the information available to make the right decision for you.

Proper Notice

Both landlords and tenants must put their notice to end a tenancy in writing. Landlords must include their reason for ending the tenancy. The notice must be delivered in person, or by registered mail. Again, there may be variations country-wide but, typically, in a week-to-week tenancy, the landlord must give the tenant one week's notice. The tenant, too, must give the landlord one week's notice. In a month-to-month tenancy, the landlord must give the tenant three months' notice. The tenant must give the landlord one month's notice.

Eviction

Hopefully, your rental experience will not include an eviction. But if you don't pay your rent, don't live up to your end of the lease agreement or cause substantial damage to the premises, your landlord may evict you. The landlord must give the tenant 48 hours' notice to end the tenancy and serve a written eviction notice. If the tenant refuses to move, the landlord can apply to court for an order requiring them to move. What's more, the landlord may sue the tenant for any damages not covered by the security deposit, once the inspection reports have been completed.