5 Ramsgate Lane

Q.. What is a lease?
A.. A written or oral tenancy agreement between a landlord and a tenant for the renting of residential premises.
Q.. Is there a standard form of lease for a tenancy agreement?
A.. Yes. The standard form of lease applies to all written and oral tenancies.
Q.. Should a tenant have a signed copy of the lease and a copy of the Residential Tenancies Act?
A.. Yes. Both must be provided by the landlord within 10 days of signing the lease.
Q.. Is the tenant required to provide the landlord with the names of other people who are going to live in
the premises?
A.. Yes. The landlord must approve every occupant of the premises and their names must be included on the lease.

Q.. How much notice is required if the tenant fails to pay rent?
A.. If a tenant in a yearly or monthly tenancy is 30 days in arrears of any part of the rent, the landlord may give a 15-day notice to quit.
Q.. Can a landlord give a short notice for any other reason?
A.. Yes. If the tenant poses a risk to the safety or security of the landlord or other tenants, the landlord may give a five-day notice to quit.
Q.. Can a tenant refuse to pay rent if the landlord fails to repair something?
A.. No. The tenant should request the repair in writing and, if not satisfied file an Application to the Director requesting settlement.
Q.. Do all notices to quit have to be in writing?
A.. Yes.

Q.. Can a tenant change a year-to-year lease to a month to-month lease?
A.. Yes. The tenant must give the three-month notice to quit effective the anniversary date of the lease and request (in writing) that the lease be converted to a month to-month term.
Q.. What is a security deposit?
A.. Payment by the tenant to the landlord to be held in a trust account until the end of the tenancy.
Q.. How much can a landlord ask for as a security deposit?
A.. The deposit can be no more than one half of one month's rent.
Q.. What should a tenant do before paying a security deposit?
A.. The deposit will be held as security against unpaid rent or damages. Tenants and landlords should inspect the premises together and write out the conditions of the premises at the time the tenancy begins.

Q.. Can a landlord make rules for the premises?
A.. Yes. The rules must be reasonable and applied equally to all tenants. They must be given to a tenant before the lease is signed.
Q.. When does a tenancy begin and end?
A.. It begins with the signing of a lease and ends when the tenancy has been terminated by proper notice.
Q.. What is an anniversary date?
A.. It is the yearly anniversary of the date the tenancy began.
Q.. Can a landlord ask for post-dated cheques?
A.. Yes.
Q.. What is a fixed term lease?
A.. A fixed-term lease is for a specific period of time. It ends on the date in the lease and neither the landlord nor the tenant is required to give written notice to end the tenancy on that date..

Q.. How should a notice to quit be given to the landlord or tenant?
A.. The tenant or landlord must serve the notice to quit to the other party either in person, by registered / certified mail or by courier.
Q.. Is a tenant or landlord required to give a reason for notice to quit?
A.. No.
Q.. On receiving a notice to quit, does the tenant have to pay the rent?
A.. Yes. Rent must be paid until the end of the tenancy.
Q.. What is assigning or sub-letting a lease?
A.. Assigning, or sub-letting a lease means giving the rights and obligations of a lease to another person either temporarily (sub-let) or permanently (assignment). Both are subject to the landlord's consent which cannot be unreasonably withheld.

Q.. Can a landlord demand extra deposits for keys, carpets, pets, fire extinguishers, etc.?
A.. No.
Q.. Can a tenant deduct the security deposit from the last (or any) month's rent?
A.. No.
Q.. Does the landlord have to pay interest on the security deposit?
A.. Yes. The rates are set by the Act and the Regulations.
Q.. Is the tenant responsible for repairing ordinary wear and tear in the premises?
A.. No. Tenants are not responsible for the normal deterioration of premises during the length of the tenancy.
Q.. When should the security deposit and interest be returned to the tenant?
A.. Within 10 days after the end of the tenancy. Tenants should give landlords a new address so the refund can be sent to them.

Q.. Can the landlord turn off the heat?
A.. No. If heat is provided as a service included in the rent it cannot be interrupted and must be available
through the tenancy. Any deletion of service is a rent increase.
Q.. Can the tenant withhold rent for any reason?
A.. No.
Q.. Can the landlord or tenant change the locks?
A.. Only if both parties agree. The landlord is entitled to keys to the premises.
Q.. Is the tenant responsible for insurance on personal belongings?
A.. Yes.
Q.. Can the tenants keep pets?
A.. Check the lease rules. Usually the landlord's written permission is required.

Q.. How much notice must the landlord give the tenant?
A.. Landlords must give tenants four months written notice before the anniversary date of a yearly or monthly tenancy.
Q.. How much can the rent be increased?
A.. Any amount.
Q.. What can a tenant do if the deposit is not refunded after 10 days?
A.. Contact the landlord and request a refund. The tenant may call Business and Consumer Services for information or may file an Application to the Director requesting the refund.
Q.. Does the landlord have to maintain the property?
A.. Yes. The landlord must keep the premises in a good state of repair and fit for habitation during the tenancy and must comply with all statutory enactments or laws respecting standards of health, safety or housing.
Q.. Are tenants responsible for repairing appliances provided in the premises?
A.. Tenants are not responsible for maintenance and repairs but will be held responsible for repair of damage caused by negligence or misuse.

Q.. Can a landlord enter rented premises?
A.. Only if a) the tenant has been given 24 hrs written notice of the entry which will be made during daylight hours; or b) a notice to quit has been given and the landlord will enter to show the premises to prospective tenants or purchasers.
Q.. When can rent be increased?
A.. Rent can only be increased on the anniversary date of a tenancy

Scotian Company