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What
is a rental agreement?
A
rental agreement is a contract between a landlord and tenant whereby a
landlord gives a tenant the right to occupy the residential premises.
Do
rental agreements have to be in writing?
A
rental agreement can be written, verbal or implied. Since the rental
agreement is the most important part of a landlord and tenant
relationship, it should be in writing. The advantage of a written
agreement is that it outlines the terms and conditions agreed to by both
parties. Once the landlord and tenant agree to the terms and conditions
of their contract, it cannot be changed unless both parties agree.
What
information does a landlord have to provide to a tenant at the time of
entering into a rental agreement?
A
landlord must provide the tenant with the following information:
a)
the name and address of the landlord;
b) the name and telephone number of the person responsible for the
premises.
Can a
landlord ask for the names of the people living in the unit?
A
landlord has the right to request the names of the people living in the
unit.
Can a
rental agreement be for a fixed period of time or can it be a month to
month?
A
rental agreement can be for a fixed period of time, a month to month
period or a week to week period. If a landlord and tenant sign a written
rental agreement for a fixed period of time, usually for one year, they
are bound by the terms and conditions until the end of the fixed term.
If
there is a written rental agreement, do both parties receive a copy?
Once
the rental agreement is signed by both parties, a copy should be
provided to the tenant at the time of signing or within 21 days after
the tenant has signed. If the rental agreement is signed prior to the
date it begins, a copy should be provided to the tenant within 21 days
after the date it begins. The tenant is not bound by any additional
terms and conditions in the rental agreement unless a copy has been
served within 21 days.
Should a tenant know what services and equipment are included with the
rent?
It
should be clear to the landlord and tenant, upon entering into a rental
agreement, what services and equipment are included with the rent.
Services agreed to at the time of entering into a rental agreement
cannot be changed without mutual consent of both parties, or by making
application to the Director of Residential Rental Property.
When
does the rent have to be paid?
The
rent is usually due on the first day of the month unless the landlord
and tenant agree to a different due date. If the rent is not paid on the
due date, the landlord may serve the tenant with a Notice of Termination
on the following day.
Is a
landlord responsible for damages to a tenant's personal belongings
during the tenancy?
Under
the
Rental of Residential Property Act, a landlord is not responsible
for damages to a tenant's personal property. If a tenant wishes to be
compensated for losses or damages to their personal belongings, the
tenant should obtain tenant insurance. If a tenant believes he has a
cause of action against the landlord for personal injury and/or damages
to personal property, the tenant may pursue the matter in the Supreme
Court of Prince Edward Island.
Can a
landlord refuse to rent to someone who has a pet?
There
is nothing in the
Rental of Residential Property Act
that prevents a
landlord from refusing to rent to someone who has a pet. If the
agreement has an additional term stating that the tenant cannot have a
pet, the landlord may serve the tenant with a Notice of Termination for
that reason.
Who
is responsible for cleaning a rental unit before a tenant moves in?
If
the rental unit is not clean or in a good state of repair at the time
the tenant moves in, the tenant must notify the landlord. If the repairs
are not carried out in a reasonable amount of time, the tenant can
contact the Office of the Director of Residential Rental Property for
advice.
Can a
tenant withhold rent if the rental unit is not clean or in a good state
of repair?
A
tenant cannot withhold rent for failure on the part of the landlord to
clean or do repairs. The landlord may serve a Notice of Termination to
the tenant if all of the rent is not paid on the due date.
Can a
landlord increase the rent when a new tenant moves in?
A
landlord cannot increase the rent just because a new tenant moves in.
The
Rental of Residential Property Act outlines the procedures a
landlord must follow to increase the rent.
| The information in this
pamphlet is intended as a guide for landlords and tenants under the
Rental of Residential Property Act. Further information can be
obtained at the Office of the Director of Residential Rental
Property on the 5th Floor, National Bank Tower, 134 Kent Street,
Charlottetown. Copies of the Act and forms can also be obtained at
any Access PEI office or online at
www.irac.pe.ca/rental.
Our telephone number is (902) 892-3501 or 1-800-501-6268. |
Office of the Director of Residential
Property
Suite 501, 5th Floor
National Bank Tower
134 Kent Street, PO Box 577
Charlottetown, PE C1A 7L1
T 902-892-3501 or 1-800-501-6268
F 902-566-4076
www.irac.pe.ca/rental
This
Guide is also available in PDF format.
Page last reviewed or updated:
Monday, January 14, 2019 |
