Know your rights when renting

By Thersa Grant/Real Estate Columnist So, you’ve secured a rental in Durham Region. Wonderful. There are just a few things that concern you. The line in the lease regarding shoveling the snow and cutting the lawn. Do you really have to do that? Is that legal? Well according to the Residential Tenancy Act, the answer is clear. No, you do not have to do that. That being said, if you are renting a house in Durham Region, or a unit within a house, you’ll be hard pressed to find a lease agreement that doesn’t state exactly the opposite. In most cases the landlord will provide the lawnmower and shovels. In some cases, the tenant is actually expected to supply them. Often, there are several things listed in an agreement to lease a unit that are either illegal or not enforceable. One thing I come across a lot in lease agreements, is a clause that states that the tenant is responsible for the first portion of minor repairs due to normal wear and tear, and the landlord will be responsible for the remainder. This first portion can range from fifty dollars to two hundred dollars. This is akin to a deductible. This is completely outrageous. It is the landlord’s responsibility to maintain the unit in a good state of repair, period. Another clause you’ll find in most lease agreements nowadays is the key deposit. I often see a key deposit of two or three hundred dollars. The key deposit is returned to the tenant at the end of the tenancy providing the keys are returned to the landlord. However, the key deposit is not legally allowed to be more than the cost of the key. Several months ago, when showing an older unit in a triplex, the lockbox contained two keys. These were run of the mill keys that you would have cut in any local hardware store. When writing up an offer to lease the unit, there it was, the clause that speaks to the key deposit. The landlord was wanting a two-hundred-dollar key deposit for two keys that would cost you two or three dollars to cut. While it is important to know your rights, it is prudent to pick your battles. It is very important to have a good relationship with your landlord. Some people would have no problem cutting the lawn and shoveling the snow. If that is you, then great. If you are renting a whole house, it is often a great source of pride and enjoyment to keep the property looking beautiful. Although it is a rental, it is your home. Some people live in rental units for decades and have wonderful relationships with their landlords. Like all good relationships this takes work. Keep in mind that you are looking for a place to call home, and the landlord is looking for someone to live in their property. If you can strike a balance, everybody wins. The same mentality goes for the key deposit, while you legally do not have to give a deposit more than the value of the key itself, is that something you want to quibble about, or can you just oblige the landlord knowing you’ll get that back at the end of the tenancy? These are just a few situations. There are many. The key thing to remember is that no matter the circumstances, you always have options. If something sounds too good to be true, it probably is. If there are red flags that make you question a situation or the integrity of the landlord, take that seriously and if need be, walk away. Before embarking on the rental journey or even if you’ve rented for years but are back in the market for a new place, you may well benefit from reading the Landlord and Tenant Board of Ontario’s webpage and/or The Ontario Landlords Association webpage. Questions? Story ideas? You may reach me at: email newspaper@ocentral.com