Renting a Place to Live/Tenants/Tenant Obligations
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Tenant Obligations
My landlord phoned me at 3 a.m. and told me to turn down my stereo. He said that he had complaints and that if he received another complaint, I would be evicted. Can he do that?
You have an obligation not to interfere with the rights of other tenants, one of which is the quiet enjoyment of their property. Although the term "quiet enjoyment" does not literally mean quiet, it does mean the right to enjoy their rented property. If the noise is affecting that enjoyment and you do not change your behaviour, your landlord could serve notice to evict you on the basis that you have breached your obligations under the lease.
I am renting an apartment for the first time. Do I have to get insurance for the premises?
It is a good idea to obtain tenant's insurance even if the tenancy agreement does not cover this factor. The tenancy agreement may specifically state that you will obtain insurance. Any insurance that the landlord may have will not necessarily cover your possessions, or damage to others or to property caused by your actions. Also, you may be personally liable to the landlord for any damage caused to the building by you or your guests. Therefore, it is a good idea to have insurance coverage.
My lease states that I have to keep the property clean, but I'm not sure what I'm expected to do. I really want my security deposit back when I move out. How can I be sure I do all that my landlady expects?
You do have an ongoing obligation to keep the premises clean. If there is nothing in your tenancy agreement about the degree of cleanliness required by your landlady when you move out, you can always ask her now for some details. A minimum level would probably include things like cleaning the oven and fridge, washing out cupboards, and cleaning bathrooms.
Even if your tenancy agreement does give a list of items that must be cleaned upon termination of the tenancy, that is not necessarily what you have to undertake. The tenancy agreement cannot take away rights and protections that you have under the Residential Tenancies Act. The Act requires a tenant to keep premises "reasonably clean" and does not allow for deductions from a security deposit for normal wear and tear. The items requested in the tenancy agreement may go beyond what is reasonable or normal wear and tear in your individual circumstances and would arguably fall outside your obligations.
For example, there might be a request to steam clean the carpets. Whether it is reasonable for you to have to steam clean the carpets will depend upon the condition of the carpets after you have been living there. If they are soiled because of the use you have made of them (e.g., if you smoked or had pets who had accidents on them) then, in accordance with your obligation to keep the premises clean, you should steam clean. If on the other hand, you have not lived in the premises for very long and the carpets are clean, then you may not have to steam clean them. Another view might suggest that for health reasons, it is reasonable to require tenants to steam clean at the end of a tenancy.
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This page was last updated in November, 2004.
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