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C.C.S.M. c. R119

The Residential Tenancies Act

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PART 1
INTERPRETATION AND APPLICATION
1(1) Definitions
(1.1) Furniture included in rental unit
(1.2) Proposed rental unit
(1.3) Rent re mobile homes
(1.4) Payment of property taxes or licence fees
(1.5) Interpretation: "municipality"
(1.6) Remedies re mobile homes
(2) Vacating premises
(3) Abandoning premises
(4) Reference to "Act" includes regulations
(5) Reference to Life Leases Act includes regulations
2 Application
3(1) Non-application
(2) Exemptions from Act by regulation
4 Conflict with other Acts
5 Act binds the Crown
6(1) Waiver of Act void
(2) Arrangement or payment to defeat Act void
PART 2
TENANCY AGREEMENTS
GENERAL PROVISIONS
7(1) Agreement may be oral, written or implied
(2) Standard form of tenancy agreement
(3) Agreement deemed to be in writing
(4) Agreement deemed to include provisions of standard form
(5) Representation by landlord
(6) Representation re life lease
8 Tenant entitled to copy
9 Beginning of tenancy
10 Rental payment period
11(1) Additions to standard form
(1.1) Life lease requirements
(2) House rules
(3) Provision or rule to be reasonable
(4) Condominium Act declaration, by-laws and rules
12 Parties entitled to copy of document signed
13(1) Notice of name of landlord or agent
(2) Alternative method of giving notice
14 Additional payments prohibited
15 Accelerated rent prohibited
16 Post-dated cheques
17 Permission to breach obligation
18 Furnished rental units
19 and 20
RENEWAL OF TENANCY AGREEMENTS
21(1) Renewal of written tenancy agreement: specified term
(2) Exception if landlord and tenant agree
(3) Landlord to advise tenant about renewal
(4) Tenant who does not renew is deemed to terminate
(5) Deemed renewal if landlord fails to comply
22 Renewal of oral or implied tenancy agreement: specified term
22.1 Renewal of life lease for specified term
23 Renewal of tenancy agreement: no specified term
24 No automatic renewal for temporary tenancies
NOTICES OF RENT INCREASE
25(1) Three months' notice of rent increase
(2) Notice to new tenant
(3) Increase void if no notice
(4) Three months' notice of removal of rent discount
(5) Exception for conditional discount
26(1) Notice for units subject to rent regulation
(2) Notice not to take into account laundry facilities
27 Notice for units not subject to rent regulation
28(1) Notice to be given to director
(2) Exception
PART 3
SECURITY DEPOSITS AND CONDITION REPORTS
PAYMENT OF SECURITY DEPOSIT
29 Security deposit requirements
30(1) Security deposit held by landlord or remitted
(2) Security may be provided
(3) If security not provided and deposit not returned
(4) Deposit remitted to director
(5) Director may charge administration fee
(6) Director may return deposits to landlord
31(1) Tenant entitled to interest on security deposit
(2) Landlord or director entitled to excess interest
CLAIMS AGAINST SECURITY DEPOSITS
31.1 Claim for rent or other compensation
RETURN OF SECURITY DEPOSIT HELD BY THE LANDLORD
32(1) Return of security deposit if no claim by landlord
(2) Landlord to notify tenant of claim
(3) Request to director for determination
(4) Landlord may make claim
(5) If landlord fails to make claim
(6) Director to determine payment
(7) Determination when tenant not located
(8) Deposit paid to director if tenant not located
33(1) Deposit paid to director if no claim by landlord
(2) Forfeiture to Crown
RETURN OF SECURITY DEPOSIT HELD BY THE DIRECTOR
34(1) Security deposit held by director
(2) Return of security deposit if no claim by landlord
(3) Landlord to notify tenant of claim
(4) Payment of security deposit when tenant agrees to claim
(5) Payment when no agreement
(6) Landlord's right under Part 11
35(1) When tenant cannot be located
(2) Director to determine payment
(3) Forfeiture to Crown
SECURITY DEPOSIT COMPENSATION FUND
36(1) Security deposit compensation fund
(2) Unclaimed deposits and other money into fund
(3) Payment to tenant from fund if deposit not returned
(4) Balance exceeding $30,000.
(5) Unexpended balance paid into Consolidated Fund
PAYMENT OF UNSATISFIED SECURITY DEPOSITS FROM FUND
36.1(1) Application for payment from fund
(2) Director to determine application
(3) Director may postpone payment
(4) Director entitled to recover payment from fund
(5) Money recovered paid into compensation fund
OVERHOLDING TENANTS AND ASSIGNMENTS
37(1) Date of termination: overholding tenant
(2) Date of termination: assignment
SET-OFF OF SECURITY DEPOSIT AGAINST RENT
38(1) Right to set-off if deposit exceeds permitted amount
(2) Set-off with consent
CONDITION REPORTS
39(1) Landlord or tenant may request condition report
(2) Inspection
(3) Completion of condition report
(4) Purpose of condition report
PART 4
CHANGE OF TENANT OR LANDLORD
GENERAL
40 Change of landlord
41 Change of tenant
ASSIGNMENT AND SUBLETTING
42(1) Right to assign or sublet
(2) Exception
(3) No assignment where condominium declaration
(4) Prohibited assignment of life lease
43(1) Consent
(2) No charge for consent
(3) Form of consent to assign or sublet
44(1) Form of assignment
(2) Form of subletting agreement
45 When assignment or subletting takes effect
46(1) Improper assignment or subletting
(2) Exception
(3) Delivery of tenancy agreement
47 Prohibitions re subletting and assignment
48 Consequences of assignment
49 Consequences of subletting
50(1) When subletting terminated
(2) Failure to terminate subletting
CHANGE OF LANDLORD
51(1) New landlord to inform tenants of change
(2) Transfer of security deposits
(3)
(4) Person to whom rent is payable
(5) If tenant uncertain
52(1) Consequences of change of landlord
(2) Obligation re excess rents
(3) Obligation re security deposits
(4) Right of recovery by new landlord
End of Part 4
PART 5
BENEFITS AND OBLIGATIONS
MUTUAL OBLIGATIONS
53(1) Duty to provide doors and locks
(2) Change of locks or doors: rental unit
(3) Change of locks or doors: residential complex
54(1) Landlord's right to enter rental unit
(2) Notice requirement for entry: abandoned unit
(3) Notice requirements for entry
(4) Objection by tenant to notice
55(1) Compensation for breach of Act or agreement
(2) Duty to minimize losses
(3) Landlord's duty to re-rent unit
LANDLORD'S OBLIGATIONS
56 Obligation to make rental unit available
56.1(1) Obligation re condominium documents
(2) Exception
57 Acknowledgement of receiving rent
58 Obligation to maintain appearance
59(1) Obligation to repair
(2) Knowledge of non-repair immaterial
(3) Orders respecting repair
(4) Definition of "final order"
59.1 Compensation for unreasonable delay
60(1) Duty not to withhold vital services
(2) Notice if utility to be discontinued
(3) Role of director in preventing discontinuance
61(1) Duty not to withhold services and facilities
(2) Services not specified in agreement
(3) Exceptions
(4) Substitution of service
62 Landlord's duty not to interfere with enjoyment
63 No seizure of tenant's property
64
65(1) Restraint of trade prohibited
(2) When tradesperson may be prohibited from entry
66(1) Access by persons invited by tenant
(2) Access for candidates and representatives
67 Landlord to investigate complaints
68(1) Rent increase with intent to evict
(2) Presumed intent
(3) Landlord's duty to disclose
(4) Landlord's liability
(5) Determination of additional expenses
68.1 Right of first refusal
TENANT'S OBLIGATIONS
69(1) Duty to pay rent
(2) Right to withhold rent for non-compliance with standards
(3) Payment to director
(4) Landlord may impose late payment fee
70 Obligation to keep unit clean
71(1) No alteration or redecoration without consent
(2) Consent subject to conditions
72(1) Obligation to take care and repair damage
(2) Exception for reasonable wear and tear
73 Duty not to disturb others
74 Impairment of safety by tenant
75 Additional obligations and rules
76 Overcrowding
76.1 Removal of belongings
77 Installation and removal of fixtures
78 No misrepresentation of premises
PART 6
TERMINATION OF TENANCY AGREEMENTS
GENERAL PROVISIONS
79 Interpretation
80(1) Restriction on termination of tenancy
(2) Restriction on recovery of possession
(3) Exception
81 Termination by agreement
82(1) Termination on abandonment by tenant
(2) Landlord entitled to administration fee
83 Overholding tenant
NOTICES OF TERMINATION
84(1) Notice of termination
(2) Notice of termination by tenant
(3) Landlord may require tenant to give written notice
(4) Notice may be in any form
85 Contents of notice
TERMINATION BY TENANT
86 Termination by failing to renew: written agreement with fixed term
87(1) Termination by giving notice: oral or implied agreement with fixed term
(2) Termination by giving notice: agreement without fixed term
(3) Termination by giving notice: life lease
(4) Limitation
(5) Termination by giving notice: deemed renewal
88(1) Termination for landlord's failure to give possession
(2) Application to life leases
89(1) Termination for landlord's contravention of Act or tenancy agreement
(2) Length of notice
(3) Notice when risk to health or safety
(3.1) Notice to remedy not required under subsection (3)
(4) Notice when rental unit uninhabitable
90(1) Termination for landlord's withholding consent to assign or sublet
(2) Length of notice
91(1) Termination for increased rent
(2)
(3) Length of notice
91.1 Termination after application for rehabilitation scheme
91.2 When notice of termination to be given
92 Termination for tenant's inability to pay rent
93(1) Termination for move to personal care home or incapacity
(2) Termination on tenant's death
(3) Death of 1 of a group of tenants
93.1 Termination for reduction or withdrawal of services, etc.
TERMINATION BY LANDLORD: SCHOOL AGE CHILD
94(1) No termination when school age child
(2) Exception
TERMINATION BY LANDLORD FOR CAUSE
95(1) Termination for non-payment of rent
(2) Content of notice
(3) Termination - N.S.F. cheque for security deposit
(4) Tenant must pay security deposit within 5 days
(5) Acceptance acts as a waiver
(6) Director's authority re late payment
96(1) Termination for causes other than failure to pay
(2) Length of notice
(3) Early termination for cause
(4) Notice to remedy not required
TERMINATION BY LANDLORD: CARETAKER UNITS
97(1) Termination re caretaker and employee units
(2) Length of notice
(3) Early termination by tenant
(4) Exception
TERMINATION BY LANDLORD: LANDLORD'S USE OF PROPERTY
98(1) Termination on sale or for landlord's use
(2) Length of notice
(3) Payment of moving expenses
(4) Payment of compensation
(5) Determination of tenant's expenses
99(1) Termination on demolition, renovation or change of use
(2) Length of notice
(3) Payment of moving expenses
(4) Payment of compensation
(5) Determination of tenant's expenses
(6) Tenant's right of first refusal: renovation
(6.1) Tenant's right of refusal: conversion to life lease
(7) Tenant's right of first refusal: rehabilitation scheme
(8) Landlord's obligation re right of first refusal
(9) No termination of life lease without director's approval
99.1(1) Application to director
(2) Notice of application
(3) Objection
(4) Order
(5) Factors to consider
100 Special termination period for mobile home sites
101 Early termination by tenant
TERMINATION BY LANDLORD: TEMPORARY AND SUBSIDIZED ACCOMMODATION
102(1) "Temporary tenancy" defined
(1.1) Termination of temporary tenancy
(2) Effect of temporary tenancy
103(1) Tenant in subsidized housing
(2) Tenant in need of subsidized housing
TERMINATION BY STATUTE OR BY FRUSTRATION OF AGREEMENT
104(1) Termination by government authority
(2) Orders under Safer Communities and Neighbourhoods Act
(3) Application of subsection 80(2)
105(1) Rental unit destroyed or uninhabitable
(2) Tenant's right to first refusal
(3) Landlord's obligation re right of first refusal
(4) Exception
PART 7
TENANT'S PERSONAL PROPERTY
106(1) "Abandoned property" defined
(2) Landlord's powers re abandoned property
(3) When property to be returned to tenant
106.1(1) Application
(2) Worthless, unsanitary or unsafe property
(3) Landlord to prepare inventory
(4) Property of little value
(5) Storing other property
106.2 Personal documents and photographs
107(1) Sale or disposal of unclaimed property
(2) Proceeds of sale
(3) Unclaimed proceeds forfeited to Crown
107.1 Acquiring good title to abandoned property
108 Substantial compliance protects landlord
PART 8
MOBILE HOMES
109(1) Tenant's right to sell
(2) Landlord as agent
110(1) No restriction on removal
(2) Exception
111 Planting of trees, etc.
112 Certain charges prohibited
113 Additional duties of landlord re mobile homes
114(1) Tenant's obligation re good state of repair
(2) Tenant's obligation to keep site neat and clean
PART 9
RENT REGULATION
APPLICATION OF THIS PART
115 Application
116(1) Non-application to specified units
(2) Non-application to new buildings and rehabilitation schemes
(2.1) Extended non-application to buildings occupied after April 9, 2001
(2.2) Extended non-application to buildings occupied after March 7, 2005
(3) Non-application to certain laundry facilities
(4) Non-application to life leases
NOTICE TO NEW TENANTS
116.1(1) Notice to new tenants
(2) Notice to be given to director
RESTRICTIONS ON RENT INCREASES
117 Unauthorized rent prohibited
118(1) Twelve months between rent increases
(2) Exception
119 Increase to be equal in each period
RENT INCREASE PERMITTED BY THE REGULATIONS
120(1) Definition of "rent charged for rental unit"
(2) Rent increase in amount permitted by regulation
121 Objection by tenant
122(1) Order
(2) Order respecting other rental units
(3) Notice by director
(4) Kind of order and factors to be considered
RENT INCREASE ABOVE MAXIMUM PERMITTED BY THE REGULATIONS
123(1) Definition of "rent charged for rental unit"
(2) Application for increase above maximum
(3) When application to be made
(4) Whole building review
(5) Notice by director
124 Objection by tenant
125(1) Order
(2) Contents of order
(3) Mandatory considerations in making order
(4) Other considerations
126 Amended application
RENT INCREASE AFTER TERMINATION OF LIFE LEASE
126.1(1) Rent increase after termination of life lease
(2) Limit of one application
(3) When application to be made
(4) Whole building review
(5) Notice by director
(6) Objection by tenant
(7) Order setting rent
LAUNDRY FACILITIES
127(1) Landlord deemed to provide laundry facilities
(2) Application for increase
(3) Notice by director
128 Objection by tenant
129(1) Order
(2) Considerations in making order
130(1) Transfer of laundry services to third party
(2) Procedure on application
(3) Further increases exempt
RENT INCREASE WHEN LANDLORD REGAINS POSSESSION
131(1) Rent increase on possession by landlord: 3 rental units or less
(1.1) Rent increase for previously exempt unit
(2) Increase effective against new tenant
132(1) Rent increase on possession by landlord: 4 or more units
(2) Increase effective against new tenant
(3) Application by tenant
(4) Order
ADDITION OF FURNITURE TO RENTAL UNIT
132.1(1) Rent increase for added furniture
(2) Increase effective against new tenant
(3) Objection by tenant
(4) Order
(5) Mandatory considerations
REHABILITATION SCHEMES
133(1) Definition of "rehabilitation scheme"
(2) Application for approval
(3) Form of application
(4) Notice by landlord
(5) Application available for inspection
134(1) Determination and order approving scheme
(2) Contents of order
(3)
(4) Order may be rescinded if scheme not completed
(5) Variation of order
135 Refusal of scheme
136
IMPROVEMENTS REQUESTED BY TENANTS
137(1) Application to fix value of improvements, etc.
(2) When application to be made
(3) Order fixing value of improvement, etc.
REDUCTION OF SERVICES AND FACILITIES
138(1) Application re reduction of services
(2) Application if reduction beyond landlord's control
(3) Notice by director
(4) Submission by tenant
139 Order respecting reduction
UNAUTHORIZED RENT
140(1) Interpretation
(2) Inquiry into unauthorized rent increase
(3) Order
(4) Order authorizing set-off or redirection of rent
(5) When tenant cannot be located
(6) Forfeiture to Crown
140.0.1(1) Order where incomplete notice given
(2) Order authorizing set-off or redirection of rent
(3) Application of subsection (1)
LIFE LEASES IN NON-PROFIT RESIDENTIAL COMPLEX
140.1(1) Application for rent review
(2) Inquiry and notice by director
(3) Order
(4) Factors to consider
PART 10
DIRECTOR OF RESIDENTIAL TENANCIES AND RESIDENTIAL TENANCIES COMMISSION
DIRECTOR OF RESIDENTIAL TENANCIES
141(1) Appointment of director
(2) Authority of director
142 Power to delegate
143(1) Guidelines
(2) Guidelines not binding
(3) Guidelines to be made available
144(1) Disclosure of interests
(2) Further disclosures
(3) Transitional
RESIDENTIAL TENANCIES COMMISSION
145(1) Residential Tenancies Commission
(2) Composition and appointment
(3) Regions established
146(1) Appointment of chief commissioner and deputies
(2) Powers of deputy chief commissioner
(3) Term of chief commissioner
(3.1) Term of deputy chief commissioner
(4) Term of other commissioners
(5) Termination for cause
(6) Full-time, part-time or sessional basis
(7) Completion of proceedings
(8) Oath of office
(9) Deputy chief commissioner — transitional
147(1) Who may hear matters
(2) Single commissioner limited to certain matters
(3) Assigning commissioners
(4) All commissioners on panel to be present
(5) Decision of single commissioner
(6) Decision of a panel
148(1) Disclosure of interests
(2) Further disclosures
(3) Disclosure by chief commissioner
149 Disqualification of commissioners
150(1) Guidelines
(2) Consultation respecting guidelines
(3) Guidelines to be made available
151(1) Annual report
(2) Tabling of report
PART 11
PROCEDURES
DIRECTOR'S AUTHORITY: MATTERS OTHER THAN RENT REGULATION
152(1) Director's authority: matters other than rent regulation
(1.1) Application
(2) Director may initiate proceedings
(3) No authority re personal injury or death
(3.1) Authority re section 38 of The Life Leases Act
(4) Expeditious procedure
153(1) Mediation
(2) Where dispute settled
(3) If mediation unsuccessful
(4) Director not disqualified after mediation
(5) Non-compliance with settlement
(5.1) Order not subject to appeal
(6) Matter under The Life Leases Act
(7) Proceedings initiated in court
(8) Powers of the court
(9) Director's decision final
154(1) Orders by director
(2) Re-direction and set-off of rent
(3) Terms and conditions
(4) Enforcing an order
(5) Order takes precedence over assignment of rents
(6) Order against trustee
155(1) Contents of order
(2) Order given to persons affected
(3) Reasons
(4) Orders are public
156(1) Lien for advances for repair
(2) Enforcement of lien
(3) Certificate filed in court
157(1) Order filed in court
(2) Order of possession
DIRECTOR'S AUTHORITY: RENT REGULATION
158(1) Director's authority: rent regulation
(2) Director may initiate own proceedings
159(1) Contents of order
(2) Order given to persons affected
(3) Reasons
160 Order filed in court
CORRECTING DECISIONS OR ORDERS
160.1(1) Correcting decisions or orders
(2) Director's initiative or on request
(3) Making a request
(4) Stay of order or decision
(5) Consequential amendments to other provisions
(6) Director's considerations
(7) No appeal
APPEAL TO THE COMMISSION
161(1) Appeal from order of director
(2) Notice of appeal
(2.1) Notice in specified matters
(2.2) Time for appeal of corrected or amended decision or order
(3) Notice in matter under Parts 1 to 8
(4) Notice in rent regulation matter
162 Information to be forwarded
163(1) Order of director stayed
(2) Exception
164 Parties
165(1) Hearing
(2) Notice of hearing
(3) Procedure
(4) Hearings conducted orally or in writing
(5) Public hearings
(6) Director entitled to be heard
(7) Witness fees
166 Part V of Evidence Act powers
167 Investigation
168 Adoption of director's findings
169(1) Evidence
(2) Commission may consider relevant information
(3) Right of parties to examine filed material
170(1) Powers of commission on appeal
(2) Director to receive and disburse all money
171(1) Contents of order
(2) Order given to parties
(3) Reasons
(4) Orders are public
171.01 Correcting or amending commission's decision or order
171.1 Director may enforce commission orders
172 Record of hearing
173 Order filed in court
174(1) Reference to Court of Appeal
(2) Decision of Court of Appeal
(3) Proceedings, etc. not stayed
(4) Director entitled to be heard
(5) Costs
APPEAL TO COURT OF APPEAL
175(1) Appeal to Court of Appeal
(2) Appeal with leave
(3) Application for leave to appeal
176 Commission entitled to be heard
177 Order of commission stayed
178 Powers of Court on appeal
178.1 Director may enforce Court of Appeal orders
179 No appeal of rent regulation matter
DIRECTOR'S AUTHORITY: REDIRECTING RENTS
179.1(1) Prescribed fee for rent redirection orders
(2) Director's authority to apply rents
(3) Balance to landlord
APPOINTMENT OF RECEIVER-MANAGER
180(1) Definition
(2) Request to appoint receiver-manager
(3) Notice of request to be given
(4) Decision by director within 60 days
(5) Factors to be considered
(5.1) Decision to apply to court
(6) Application to court by director
181(1) Appeal to commission
(2) Procedure on appeal
(3) Powers of commission on appeal
(4) Limitation
(5) No appeal from order of commission
(6) Director to comply with order
182(1) Appointment of receiver-manager
(2) Orders of the court
(2.1) Registration of notice in L.T.O.
(2.2) Entry of registration on title
(3) Duties of receiver-manager
(4) Application for directions from court
(5) Discharge of notice
183(1) Lien for money expended by receiver-manager
(1.1) Notice of right to object
(1.2) Objection filed with director
(1.3) Objection to include request for appraisal
(1.4) Appointment of appraiser
(1.5) Finding by director
(2) Remittance by local authority
(2.1) Report to local authority
(3)
(4)
(5)
183.1 Certificate filed in court
183.2 Redirection of rent
End of Part 11
PART 12
GENERAL PROVISIONS
184(1) Giving of notices
(2) Notices of termination
(3) When giving by mail
(4) Director or commission may give directions
(5) Actual notice is sufficient
185(1) Entry to inspect records
(2) Entry to residential premises
(3) Entry with order
(4) Production of records
(5) Admissibility of copies
185.1 Reproduced signatures
186 Certificate of director
187(1) Effect of lack of formality in proceedings
(2) Substantial compliance with forms, etc.
188 No review by court
189 Audit
190(1) Immunity from action
(2) Compellability of witnesses
191(1) Advisory committee
(2) Membership
192(1) Right of distraint abolished
(2) Interesse termini abolished
(3) Covenants in posse and esse
193(1) Application of Landlord and Tenant Act
(2) Application of Short Forms Act
PART 13
REGULATIONS
194 Regulations
194.1 Regulations by minister
End of Part 13
PART 14
OFFENCES AND PENALTIES
195(1) Offences
(2) Officers and directors of corporations
(3) Penalty
(4) Offences respecting security deposits
(5) Limitation
End of Part 14
PART 15
TRANSITIONAL, REPEAL, CONSEQUENTIAL AND COMING INTO FORCE
196
196.1 Furniture rental agreements
(1) and (1.1)
(2) Rehabilitation scheme exemptions under former Act continued
(2.1) Prohibition re condominium conversions continued
(3) and (4)
197.1 Life lease payments
198 Part IV of Landlord and Tenant Act repealed
199 Residential Rent Regulation Act repealed
200 to 205
206 C.C.S.M. reference
207 Coming into force