Can a landlord take away a parking space?

In Alberta, a landlord cannot change the terms of a tenancy on their own: changes need agreement, and the Act cannot be contracted out of. We found no express rule in the Act on removing a service that is not a vital service, such as parking or laundry, so ask the Residential Tenancy Dispute Resolution Service whether it can order the space restored or a rent reduction.

The Residential Tenancy Dispute Resolution Service can award up to $100,000 but cannot order a repair; the Alberta Court of Justice also hears these claims. A rent increase needs 3 tenancy months' written notice, and no increase is allowed during a fixed term.

In British Columbia, a landlord cannot change the standard terms of a tenancy, and other terms can change only with written agreement. The exceptions are a lawful rent increase, a withdrawal or restriction of a service or facility under section 27, and a Residential Tenancy Branch order. A landlord cannot end an essential service, or one whose supply is a material term of the agreement. For other services, the landlord must give 30 days' written notice on the approved form and reduce the rent by an amount that matches the reduced value of the tenancy. A landlord who ends or restricts a service or facility in breach of section 27(1) commits an offence with a fine of up to $5,000.

The parts of the Act we reviewed do not name parking, so whether a parking space counts as a service or facility, or a material term, depends on your agreement. Ask the Residential Tenancy Branch.

In Manitoba, a landlord cannot withhold or reduce services or facilities that were promised, and the standard tenancy agreement says a service included in the rent must not be reduced without Residential Tenancies Branch approval. We found no section that lets a landlord change terms alone. Landlord rules must be in writing, made known to the tenant and reasonable.

The Branch's guides do not name parking in the parts we reviewed, so check whether parking is in your agreement, written or oral. If a service is lost, contact the Residential Tenancies Branch about a reduction or order.

In Saskatchewan, terms of a tenancy can change only by agreement, and a landlord cannot end or restrict a service or facility without the tenant's agreement or an order from the Office of Residential Tenancies. Landlord rules must meet the Act's requirements for rules. The excerpts of the Act we reviewed do not name parking, so whether it counts depends on your agreement.

If your landlord removes a space, ask the Office of Residential Tenancies whether you can apply for an order.

In Ontario, once the standard lease is signed it can be changed only if the landlord and tenant agree in writing, apart from rent increases and reductions the Act itself allows. The Government of Ontario says air conditioning, parking and storage are not vital services. That statement is about the vital services rules; it does not by itself say a landlord may remove parking your lease includes.

A landlord cannot take away something the lease promises without your agreement. If it happens, contact the Landlord and Tenant Board about an application. Nothing in what we reviewed puts a figure on a rent reduction for lost parking.

In New Brunswick, any alteration of the Standard Form of Lease is void, and the parties may agree to additions only if they do not change a right or duty in the Act. A landlord cannot change terms without agreement, with one exception: for tenants who have lived in the premises for five consecutive years or more, a landlord may change any term except the rent on at least 3 months' written notice, if the change does not conflict with the Act and is reasonable and fair. The tenant can ask a residential tenancies officer to review it within 15 days.

We found no rule on parking by name. Check your lease and the length of your tenancy.

In Nova Scotia, a landlord can change or repeal building rules on four months' notice before the anniversary date, and the rules must be reasonable. The statutory conditions say a landlord cannot stop a service such as heat, water or appliances without proper notice of a rent increase or the Director's permission, and the government's guide treats stopping a listed service as a rent increase. We found no rule on parking by name, so we cannot say whether parking is treated the same way.

Check whether the lease lists the parking space, laundry or garage as part of the rental. If it does and the landlord removes it, ask the Nova Scotia tenancy office how it is treated.

In PEI, a landlord cannot change terms alone. A term of a tenancy agreement outside the statutory provisions can change only if both agree, except for a lawful rent increase, a service change allowed by section 21(2), or a Director order. A landlord cannot end or restrict a service or facility that is reasonably related to your use of the unit as living accommodation, or that is a term of the tenancy agreement. For another service, the landlord can give one month's written notice in the approved form and must reduce the rent by an amount that matches the reduced value of the tenancy.

We found no rule on parking by name, so whether it falls on the protected side depends on your agreement. If you receive a notice, check that it gives a full month and a rent reduction, and ask the Rental Office.

In Newfoundland and Labrador, no section lets a landlord change the terms of an existing agreement alone. Where a landlord discontinues a service, privilege or benefit, or it is unavailable for a period of time, and that reduces the tenant's use and enjoyment, its value is considered a rent increase. The Director can value it, and the government's Policy 13-001 names a washer and dryer and the use of a garage as examples. No rent increase is allowed during a fixed term.

A landlord may add a new paid service, including a parking space, only if both agree in writing. Rules a tenant must follow must be in writing, reasonable and given to the tenant when the agreement is made.