From rent hikes to damages: Understanding the basics of rental agreements

A real estate sign a condo for rent in Montreal on Monday, March 24, 2025. THE CANADIAN PRESS/Christinne Muschi

Every province and territory has already done the heavy lifting of what’s legal, and what’s not, in rental agreements. Your job is to learn about it.

Tenancy laws vary by province, and educational resources are easily accessible online for renters to learn about their rights and the basics of a typical rental agreement. If you’re moving out-of-province for school or a new job, you’ll need to look up local laws.

In British Columbia, for example, the Residential Tenancy Branch (RTB) governs the tenant-landlord relationship, said Arash Ehteshami, a tenancy lawyer with Bright Law in Vancouver.

“A lot of times, landlords just use the standardized materials that the RTB provides,” Ehteshami said, adding that a non-standard rental agreement still cannot circumvent the law.

“I think first and foremost, it’s important to read through it because that information in the contract is the basics that you’re entitled to. And secondly: be wary about an addendum.”

Addenda might be used by landlords to tack on additional clauses — such as notice for moving out, or an eviction — but the legislation specifically prohibits any agreements that try to cut out B.C.’s Residential Tenancy Act, Ehteshami explained.

“I think that’s where a lot of landlords and tenants go wrong, because there’s this general lack of literacy — among young people and otherwise — from understanding what is and is not allowed, which ultimately then leads to litigation, unfortunately,” he said.

Look up a sample residential tenancy agreement from the RTB — or your province’s equivalent — and compare it to what the landlord gave you, said Lisa Mackie, lawyer and partner at Alexander Holburn in Vancouver. Which parts are the same, which are different?

“First of all, the agreements should be easy to read and easy to understand,” Mackie said. “And if there’s any language in an agreement that is confusing or vague or seems one-sided, it’s really important before you sign on the dotted line that you ask what that term means. So you understand: what are my obligations to my landlord?”

A common one in B.C., Mackie said, is the number of occupants in a rental unit. What if you want to bring on a roommate, or a partner, or family member?

“Landlords are allowed to put occupancy restrictions into a lease,” she said, speaking to B.C. laws. “So we should be on the lookout to see whether or not there is a maximum occupancy that’s permitted, whether you need the landlord’s advanced written permission to bring in a new occupant into the unit, or whether the lease is silent entirely on new occupants — which would make a difference as well.”

Another major sticking point between landlords and tenants: the condition of the unit. Normal wear and tear is acceptable, said Rosalea Thompson, a staff lawyer at the Advocacy Centre for Tenants Ontario.

“But that doesn’t mean that accidents don’t happen,” Thompson said, speaking to Ontario laws. “In order to be penalized by your landlord for damages, it has to be things that you have allowed to happen — or somebody that you let into the unit allowed to happen — and that were caused wilfully or negligently, which is a fairly high standard.”

When you first move in, take photos and videos of the unit to confirm its condition, Thompson advised. And keep communication with your landlord in writing. If you make a verbal agreement, send a followup email summarizing the conversation.

Another common issue Thompson sees in Ontario: leases don’t “end” at the end of the term. You shouldn’t be pushed into signing a new document because the original terms continue to apply.

“Tenants will tell me, ‘My landlord’s asking me to sign a new lease and he’s increasing my rent by $200,’ and I have to tell them, you know, your landlord can’t force you to sign a new lease,” she said. “Your lease continues on the same terms, even after the expiry of the fixed term.”

“You don’t have to sign a new lease and your landlord can only increase your rent by a specific amount, set by the province [of Ontario], as long as you live in a rent-controlled unit.”

Roommate situations can be complicated, whether your roommate owns the unit and you share a kitchen and bathroom — in which case, you are not protected by Ontario’s Residential Tenancies Act, Thompson said — or whether you are joint tenants that both appear on the lease, in which case you are also liable for arrears if your roommate’s rent is late.

Consult with professionals for advice, Thompson said, to understand your status and obligations.

There are many resources to help: publicly available legislation and sample agreements, explainer materials in plain language, legal clinics, tenants’ organizations.

If you are a student and your school has a law school, there may be legal clinics available right on campus, Thompson said. You might also need to engage with a lawyer. Ehteshami’s firm Bright Law focuses specifically on helping younger people — offering 30-minute legal advice sessions for a fee.

Landlord and tenant relationships can go south fast, Ehteshami warned. It’s important to get a “vibe check” with the landlord at the beginning, but also treat the relationship as a business interaction.

“I would compare tenancy law these days to being akin to family law, where everything is great at first, but once there is an issue, oftentimes the gloves come off,” he said.

“When we’re trying to enforce legal obligations, that’s when things go sideways.”

This report by The Canadian Press was first published Feb. 24, 2026.

Nina Dragicevic, The Canadian Press