The Application

The following is for information only and should not be taken as law.
Please refer to the appropriate jurisdiction in your area.

A Landlord Has a Right to Refuse Tenancy. A landlord doesn't have to rent to anyone if he so chooses. How well prepared and just how you fill in the application will may determine whether or not you are accepted.

Be warned: Giving a false statement on an application, even if it is accepted, is often grounds for immediate eviction.

A landlord can reject any applicant with problems such as:

• Insufficient income to pay the rent, usually the standard minimum is 40% of the applicants earnings.
• Lack of references or negative references from a previous landlord or employer.

Often landlords will ask for references from two tenancies previous. It is by experience that landlords try not be fooled by the applicant giving a friend's phone number for reference. Most landlords won't accept a cell phone number.

• A history of not paying rent or not paying rent on time.
• Poor credit rating. Most landlords require you to give them permission to perform a credit check.

There are two credit check reporting agencies in Canada, Equifax and TransUnion, Their local addresses can be obtained on their websites. See: Credit Check for more information.

• Criminal record.
• Too many people for the rental space.
• The landlord or the landlord's agent cannot charge; Application fees, acceptance fees, credit check fees or any other processing fees.
• The landlord or the landlord's agent may charge a retainer, usually $50.00, for liquidated damages for processing this application if the applicant cancels prior to the date of acceptance, usually 5 days after making application.

There should be a clause in the application that reads:

This offer is subject to acceptance by the Landlord and is open for acceptance until 6:00 P.M. on the fifth (5th) day following the date of this application. Should I/We cancel prior to the date of acceptance then I/We agree that $50.00 will be retained as the liquidated damages for processing this application. Should my/our offer not be accepted by the Landlord my/our deposit shall be refunded in full without interest.

WARNING:
Never be under time restraints when making an application. You are about to sign a legal and binding document.

Rental Agreements

• The tenancy agreement is the whole legal document for both landlord and tenant.
• The tenancy agreement must include all amenities and services included in the tenancy. Nothing should be implied.
• A copy must be given to the tenant within 21 days of signing.
• Must be signed and dated by both the landlord and the tenant.
• Post dated cheques for rent are usually allowed as a term of the tenancy agreement.
• A tenancy agreement can only be changed if both the landlord and the tenant agree to the amendment in writing (with the exception of allowable rent increases, restrictions of some services and arbitrator's orders).
• A landlord may charge a deposit for an extra key, garage door opener, or other other devices.
• A landlord may not charge a deposit for keys to services that are included as part of the tenancy agreement.
• The tenancy agreement should contain clauses stating who is responsible for utility costs such as electricity, heat, water, garbage disposal, sewage disposal and parking.
• A landlord is not permitted to restrict or charge additional fees for visitors or overnight guests. Guest that stay over a period of time set out in the tenancy agreement may be deemed either part of the tenancy, in which they would be required to be included legally, or a trespasser in which the landlord has the right to have them removed or end the tenancy agreement.
• Any terms of the agreement that conflict with your rights under the Residential Tenancy Act may not be enforceable.

IMPORTANT
Read the tenancy agreement over carefully and don't sign anything you don't fully understand.

• Receipts are required for any payments made in cash.

Some Advice to Landlords. Prospective tenants may read it too.

Discrimination

The Human Rights Act of Canada prohibits discrimination based on: race, color, ancestry, place of origin, marital and family status, religion, physical or mental disability, sex and sexual orientation, source of income, provided the source is legal, and age, except senior citizen buildings.