Tentant protection Laws in Canada are Strongly Pro-Tenant

Tenant protection laws are onerous Canadian institutions are STRONGLY PRO-TENANT. The tenant has security of tenure, even after the end of any fixed term contract, except in Ontario.

Rents: Can landlord and tenant freely agree rents in Canada? The initial rent can be freely negotiated in all provinces, except in Prince Edward Islands where the amount of rent is tied to the property quality, and in Quebec, where initially negotiated rents can be appealed if they are higher than a rent charged by the same landlord for the same apartment within the previous 12 months. A 3-month or 90-day notice must be given before increasing the rent in all provinces, except in Nova Scotia where the requirement is 4 months, and Quebec where the notice is dependent upon the contract. Rent increases are regulated in four provinces, the maximum allowable increase being determined annually. In British Columbia, the 2006 maximum allowable rent increase is 4% (inflation rate + 2%). In Manitoba, rent increases are indexed to inflation plus an economic adjustment factor. For 2006, rent in Manitoba can be increased by 2.5%. In Ontario, authorities have fixed the maximum allowable rent increase to 2.1% for 2006. It can be increased by an additional 4% if there are capital expenditures. In Prince Edward Islands, the allowable rent increase is 3.5% for unheated properties and 7.5% for heated properties for 2006. Additional increases must be approved by the respective rental authority. In Quebec, the landlord must tell the tenant the lowest rent paid for the property in the past 12 months. The new tenant can contest the proposed rent and ask the Régie du logement to fix the rent. During the contractual period, rents can be adjusted if agreed in the contract, but the changes can be appealed by any party to the Régie du logement. If the parties are having difficulty in reaching an agreement, the government will fix the rent by reference to the previous rent for the same apartment. For example in 2005 it recommended a 0.8% increase in rent for dwellings heated by the tenant. Where the landlord provides heating and uses electricity, he is allowed to increase the rent by 1.1%, if heated by gas 0.5%, and by oil 2.0%. In some provinces like Ontario the tenant may apply to the provincial authority for a rent reduction in few situations. A tenant can submit an application if the landlord does not make repairs or improvements, or fails to provide services as a condition of a rent increase. A tenant may also apply for a rent reduction if municipal taxes have been lowered, or if a building service or facility is reduced or removed and the landlord does not reduce the rent.