Tenancy Agreements

Tenancy agreements may be written, verbal or implied.

Standard Conditions

Standard Conditions are considered conditions of every residential agreement, written, verbal or implied and are outlined in (Form 3 - Standard Conditions of a Tenancy Agreement). The Standard Conditions highlight the more important requirements of the Act, but by no means take away from the application of any other parts of the Act not stated in the Standard Conditions. Standard Conditions must be attached to every written agreement and it is recommended that they be provided to a tenant with every verbal or implied agreement.

Written Agreements

Written Agreements must include:

• Standard Conditions.
• The correct legal names of the parties.
• The address of the property.
• The date the agreement was reached.
• The service address and telephone number of the landlord or agent and/or an emergency contact number.
• The date the tenancy will begin (commencement date). If the agreement is for a fixed term, the agreement must also include an end date. If there is no end date, it will be considered a monthly tenancy.
• The periodic term of the rent (whether weekly, monthly or other).
• The amount of rent and whether it varies with the number of occupants (if so, how much?).
• The date that rent is to be paid.
• Who pays utilities?
• What services and facilities are provided?
• The amount of any security deposit and when it is to be paid.

The tenant must be provided with a copy of the signed agreement within 20 days. The tenant must be provided with service and emergency addresses and telephone numbers, even for verbal and implied arrangements, within 20 days. Tenants can withhold rent if the written lease is not provided or if service addresses and telephone numbers are not provided.

In multi-unit residences, a landlord must post the name and the service address and telephone number for themselves or an agent, in a conspicuous place.

A fixed term tenancy of three months or longer must be in writing.

Agreements or parts of an agreement can only be changed by the agreement of both parties. The one exception is a notice to increase the rent.

A landlord cannot charge for processing any tenant's application to rent.