When renting a property, it’s essential to understand the terms of your lease agreement to avoid legal disputes. A lease is a legally binding contract, and failing to comply with its terms can lead to eviction, financial penalties, or legal action. As a tenant, being aware of your tenant rights and responsibilities is crucial before signing a lease. Here are five key things you need to know, with insights from a 2019 legal decision, TSL-06117-19 (Re), under Section 69 of the Residential Tenancies Act, 2006.
1. Understand Subletting and Assignment Rules
Many tenants assume they can sublet or assign their rental unit freely. However, most lease agreements require prior written consent from the landlord. In Order under Section 69, TSL-06117-19, the tenant rented out the unit on Airbnb without the landlord’s consent. This unauthorized subletting was deemed a violation of the lease agreement, ultimately leading to the tenant’s eviction.
💡 Key Takeaway: Always review your lease agreement and obtain written permission before subletting or assigning your unit. Unauthorized subletting can be considered an illegal act under the Residential Tenancies Act and may result in eviction.
2. Pay Attention to Noise and Nuisance Clauses
Most lease agreements include clauses requiring tenants to avoid causing disturbances. In the case mentioned above, Airbnb guests caused noise and disruptions, which interfered with the landlord’s lawful rights and led to eviction proceedings. Even if you are not personally causing the disturbance, you may be held accountable for the actions of your guests.
💡 Key Takeaway: As part of your tenant rights and responsibilities, be mindful of noise levels and ensure that your guests respect the building’s quiet hours and policies to avoid complaints and potential lease termination.
3. Lock and Key Changes Require Landlord Approval
Security is a top priority for tenants, but changing locks without notifying the landlord can breach your lease agreement. In TSL-06117-19, the tenant or their guests changed the unit’s lock without providing the landlord with a key, which was another violation contributing to the eviction.
💡 Key Takeaway: Always check your lease agreement and get your landlord’s approval before changing locks. If you change them, ensure the landlord has access for emergencies and inspections.
4. Illegal Activities Can Lead to Immediate Eviction
The Residential Tenancies Act allows landlords to terminate a lease if a tenant engages in illegal activities. In the referenced case, the tenant was charging Airbnb guests rental rates significantly higher than the legal rent, violating Sections 134(3) and 234(1) of the Act. The tribunal found that this constituted an illegal business, leading to the tenant’s eviction.
💡 Key Takeaway: Understanding tenant rights and responsibilities is essential to ensure compliance with rental laws. Be aware of rules surrounding rental pricing and ensure that all activities conducted in your unit comply with provincial and municipal laws.
5. Failure to Attend Legal Hearings Can Have Severe Consequences
If a dispute arises and you receive a notice for a hearing with the Landlord and Tenant Board, attending is crucial. In TSL-06117-19, the tenant failed to attend their hearing, which meant the landlord’s claims went unchallenged, leading to an eviction order being issued in their absence.
💡 Key Takeaway: If you receive a hearing notice, always attend or seek rental lease legal advice from a professional. Missing a hearing can result in an automatic ruling against you.
Final Thoughts…
Signing a lease agreement is a significant commitment, and tenants should fully understand their tenant rights and responsibilities before moving in. Carefully reviewing the lease terms, ensuring compliance with tenancy laws, and maintaining open communication with your landlord can help avoid costly legal disputes.
If you’re unsure about any lease provisions, consider seeking rental lease legal advice from Sabio Law LLP to protect your rights as a tenant.
📌 The content provided is for general informational purposes only and does not constitute legal advice. Each real estate transaction and situation is unique, and tailored legal guidance is essential. If you have legal questions or concerns, consult with a qualified lawyer.
