Canadian Legal FAQS- Renting a Place to Live/Tenants/Safety & Security

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Safety & Security

1 If I want to add a chain lock to the inside of my front door, do I have to ask my landlord?
2 When I moved into my new apartment, my landlord told me that he had a strict policy of changing the locks every time a tenant moved out and before a new one moved in. Last weekend, my apartment was broken into and the police caught the son of the last tenant with some of my stuff. He used the key to enter the apartment because it still worked. Can I take legal action against my landlord for the losses I have suffered?
3 My landlord changed the locks on the outside of my building and has asked all the tenants to pay a $50 deposit for every key needed. Can he do this?
4 I signed a lease for a year, but I just found out that my job requires me to move next month. My cousin is willing to move in and pay rent instead of me. Can she do this?
5 If I can't break my lease, would it be better for me to sublet my apartment or assign my lease when I move?
6 See Also

If I want to add a chain lock to the inside of my front door, do I have to ask my landlord?

No, because you can only use this lock from inside the premises. However, you will probably have to make holes in the door and frame when you install the lock. This means that you must either repair the holes when you leave the property, or leave the lock in place.

When I moved into my new apartment, my landlord told me that he had a strict policy of changing the locks every time a tenant moved out and before a new one moved in. Last weekend, my apartment was broken into and the police caught the son of the last tenant with some of my stuff. He used the key to enter the apartment because it still worked. Can I take legal action against my landlord for the losses I have suffered?

Yes, you can take legal action against your landlord if it can be established that the locks were not changed or that they were inadequate. The courts have found that a landlord has a duty to provide proper locks on rented premises. The possibility of criminal activity is a reasonably foreseeable result of failing to provide proper locks.

A landlord does not have a statutory duty to change locks after every tenant leaves, but once he takes this obligation upon himself, he has a duty to ensure the locks are changed each time a tenant moves in.

My landlord changed the locks on the outside of my building and has asked all the tenants to pay a $50 deposit for every key needed. Can he do this?

Your landlord is only allowed to change the locks with the agreement of the tenants. If agreement is given and the locks are changed, your landlord must provide you with a key as soon as the change is made.

If your tenancy agreement does not say anything about tenants being responsible for a key deposit, then your landlord cannot charge you for this now.

Your landlord gave you occupancy of the premises on the terms set out in your lease. The only way he can introduce a new charge is by making a new agreement with you. If you do not want to agree to this, you do not have to. He has to give you a new key anyway.

I signed a lease for a year, but I just found out that my job requires me to move next month. My cousin is willing to move in and pay rent instead of me. Can she do this?

In this situation, you can ask whether the landlord will allow you to break your lease and then make a new one with your cousin, or whether he will allow you to sublet or assign the lease.

You have to get written permission from your landlord to sublet or assign. If you ask for permission and your landlord does not reply within 14 days, he is taken to have given consent. If your landlord refuses to agree to allow you to sublet or assign, the reasons given must be reasonable.

Your landlord cannot charge you a fee or ask for anything else for agreeing to the assignment or sublet.

If I can't break my lease, would it be better for me to sublet my apartment or assign my lease when I move?

There are different considerations for each situation.

If you sublet the apartment, you will still be responsible for the rent and other obligations under the tenancy agreement and the Residential Tenancies Act. For example, if your cousin moves in and she does not pay the rent, you will still be liable to pay it. Subletting is not very secure for the person that moves in (sublease), as his or her occupation of the property depends on the lease between the original tenant and the landlord. For example, if the landlord terminates the original tenancy agreement, the sublease will also end.

If you assign the lease, your cousin will become the tenant, but it is necessary for you to obtain a release from the landlord. If you do not obtain a release, you will remain responsible for the rent. A release will be a new agreement which releases you from all your obligations as a tenant. Once the release is signed, your cousin becomes responsible for all obligations under the lease.

Renting a Place to Live/Tenants/Safety & Security

Contents

If I want to add a chain lock to the inside of my front door, do I have to ask my landlord?

My landlord changed the locks on the outside of my building and has asked all the tenants to pay a $50 deposit for every key needed. Can he do this?

I signed a lease for a year, but I just found out that my job requires me to move next month. My cousin is willing to move in and pay rent instead of me. Can she do this?

If I can't break my lease, would it be better for me to sublet my apartment or assign my lease when I move?

See Also