Living in Your Apartment: Common Questions

The general rule is that you can live in your apartment or rented home as long as you:
 

• pay your rent on time,
• do not damage the place,
• do not cause major disturbances,
• do not harm other people and
• do not cause a hazard, unsafe conditions or risks to other people.

People often have questions about their new rented apartment or home, like:

A. “When is my rent due?”
 

Did you know that your rent is due on the first day of the month (unless you have a different agreement with your landlord)?

B. “What can I do if my rent increases?”

Did you know that your landlord can increase your rent only once every 12 months? The landlord must also give you at least three months’ notice that there will be a rent increase and say how much it will be.
 

By law, the landlord must use a government form called “Notice of Rent Increase” to let you know about a rent increase. If the form is not used, the increase is not legal.


Rent increases should not automatically happen. You have a right to question a rent increase. And the landlord has the responsibility to demonstrate that the increase is the result of a real increase in operating costs.


First, talk with the landlord to find out the reason for the increase.
 

If that does not satisfy you, contact the Residential Tenancy Office for assistance. (Also see the section on Arbitration, page 36). However, you need to apply for arbitration within 30 days of receiving your notice of rent increase.


1. “Are the rules the same  for subsidized housing?”

No. The rules are different if your rent is subsidized (you are living in subsidized housing). That is because the amount of your rent is tied to your income. The subsidy is paid to the non-profit society, not to the person renting. Unlike other renters, you may not be able to challenge your rent increase through Arbitration, but you can challenge other matters.


2. “Is my rent increase fair?”

How do you tell if your rent increase is fair? It is hard to say, but common reasons for rent increases are:
• inflation,
• the landlord had to pay more taxes, or
• the landlord has made improvements to the building in the last year.

However, if the landlord is raising your rent, she or he will need to prove these expenses. The landlord can only claim part of the costs of that improvement. Situations such as increased heating costs would not automatically be a good reason for a rent increase.

 

Things to Remember

You can …
1. Ask for an explanation about any rent increase.
2. Ask for proof of the need for the increase.
3. Go to Arbitration to challenge a rent increase.

 

C. “Do I have a right to privacy?”

Your apartment is your home. As a tenant, you have the right to privacy in your home.

A landlord or building manager can enter your suite only if there is an emergency such as a fire, damaged or blocked water pipes or flooding, or if a person’s life is in danger.

Otherwise, the landlord must ask you for permission to come in. You do not have to say yes if it isn’t convenient for you. Or the landlord must let you know in writing about wanting to enter your suite, noting when and why.

The landlord must give you at least one full day and no more than three days notice of wanting to come in. The landlord can only enter your place between 8 a.m. and 9 p.m., unless you agree to another time.
 

D. “How do I plan for emergencies?”

As a renter you may have other types of emergencies (for example, what if you fell in the bathroom and were not able to get up, or you had a stroke?).
You may find it helpful to talk with your landlord about what you would prefer if an emergency occurred.

Richard’s Story

Aria and John know their neighbour, Richard, very well. Recently they had not seen him for three days. They went to the landlord to let him know that they were concerned.
 

The landlord was not sure what to do. Eventually he went into Richard’s suite to check.
As it turned out, Richard had just gone away for the weekend. The landlord wrote Richard a note letting him know he had come in and apologized. At first Richard was annoyed with the building manager and his neighbours. But then he thought “What if I had been hurt?”
 

He asked other seniors who rent in his building what they would do. They gave several suggestions.
Richard decided simply to let his friendly neighbours know if he is out of town. He asks them to keep an eye on his place and he does the same for them.
 

Many people like their privacy even if there is an emergency. There are special services for a monthly fee that may help (for example, products like Lifecall or Lifeline (see Private Safety Products and Services, page 51).

These companies can provide you with a device that you wear. You press it if there is an emergency, and that alerts someone to check on you. You will need to name someone the service can call to check on you as your “responder”. Make sure that person has agreed take that responsibility.

 

Things to remember

1. You have a right to privacy.
2. Unless it is an emergency, the landlord must ask permission to come in.
3. Make plans with others about what to do if there is an emergency.

 

1. “Should I make a safety plan?”

Problems or emergencies can crop up in anyone’s life from time to time. Have important phone numbers easily available in case there is an emergency. The list should include contacts for:
• Family/next of kin
• Police
• Doctor(s)
• Emergency
• Crisis line
• Friends
• Shelters or safe places to stay.


2. “Can some emergencies be avoided?”

Seniors have come up with many creative strategies on how to respect their privacy, but also to help avoid emergencies.
 

Some people:
• leave a card on the door that they turn around after they get up, or
• have a friend call them by a certain time each morning,

...simply to make sure they are okay.

In both these examples, if the friend or relative is not able to get in touch, that person has your permission to contact the building manager to enter the suite.
 

Some communities have a system set up where a senior can arrange for community police services or a telephone reassurance service to call them each day to say “Hi “ and make sure everything is okay.


3. “How can I be safer in my rented home?”

There are many ways that you can help to increase your safety in your apartment or rented home.
For example, you can:
 

• Get to know your neighbours.
• Make sure you have proper locks and alarm systems in your apartment or rented home.
• Use "Occupied" or your first initial and last name when listing yourself on the apartment’s front door directory.
• Attend community meetings. Find out about the good things happening in your community as well as any new problems or scams that are being tried in your neighbourhood.
• Speak in the plural when recording a message on your answering machine. For example, you could say, “We are not available right now. Please leave a message, and we will get back to you”.
• Worried about what would happen if your keys were lost? Get your keys cut on plain blanks that do not identify the name of your building, or the make or model of your car.
 

Click here to go to the next section What can you reasonably expect as a renter?

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