What can I do if my landlord is not honouring the lease?

An Alberta landlord's duties include making the unit available, not significantly disturbing the tenant's possession or peaceful enjoyment, and meeting the housing standards under the Public Health Act. For repairs, ask in writing, give reasonable time, and contact Alberta Health Services Environmental Public Health if the problem affects health. You can also apply to the RTDRS or the Alberta Court of Justice for damages, a rent reduction, compensation for the cost of performing the landlord's obligations, or termination. The RTDRS can award up to $100,000 but cannot order a landlord to do a repair.

A tenant can end the tenancy on 14 days' written notice for a landlord's substantial breach only where a Public Health Act order was issued about the breach and the tenant reasonably believes the landlord has not complied. Otherwise, apply to end the tenancy. Repair costs cannot be deducted from rent without the landlord's agreement or an order, and a landlord cannot evict a tenant for using their rights under the Act.

In BC, ask for repairs in writing, then apply to the Residential Tenancy Branch for an order for repairs, compensation or a rent reduction. An urgent safety or security problem can go through an expedited hearing. For listed emergency repairs, the tenant may arrange the work after trying the landlord's emergency contact twice by phone. The landlord must reimburse on a written account with receipts and, if not reimbursed, the tenant may deduct the amount from rent.

A tenant can end the tenancy for a breach of a material term of the agreement by giving written notice, allowing a reasonable time to fix the breach, and then ending it if it is not fixed. Where the tenancy becomes impossible to continue, for example after a fire, the law on frustrated tenancies applies.

In Manitoba, ask for repairs in writing, then file a Tenant's Request for Repairs with the Residential Tenancies Branch. The Branch can issue an Order to Repair and, if it is ignored, redirect rent and hire a contractor. A tenant can claim compensation for unreasonable delay in repairs. The Branch usually will not proceed while rent is owing unless there is an immediate health or safety risk.

A tenant can give a notice of termination for the landlord breaches the Act lists. If the breach is a health or safety risk, the notice can take effect 5 days after it is given, and if the unit is uninhabitable it takes effect immediately. Branch guidance says it has no authority to award compensation for personal injury or death, pain and suffering or mental anguish, and the Act itself rules out claims for personal injury or death.

The main route in Saskatchewan is an application to the Office of Residential Tenancies, which can order the landlord to comply, order rent to be paid to the director to fund the fix, or award damages. The landlord's repair duty is in the Act, and a landlord must give the tenant an emergency telephone number. We found no right in the Act to deduct emergency repair costs from rent.

If the landlord breaches a material term, the tenant may end the tenancy by written notice after giving a reasonable time to fix a breach that can be fixed. The standard conditions say the notice can be one day, with the reason stated. The government form for this is the Tenant's Notice to Vacate Early for Cause.

In Ontario, ask the landlord in writing, then apply to the Landlord and Tenant Board on a T6 within one year of the conduct. The Board must consider whether the tenant told the landlord about the problem. Its orders can include ending the tenancy, reducing rent, authorizing a repair the tenant already made and ordering its cost paid, and ordering specific repairs by a deadline. Vital service problems and offences can also be reported to the Rental Housing Enforcement Unit, and municipal by-laws or provincial maintenance standards apply. The tenant should keep paying rent.

Common law rules on a serious breach of a material covenant also apply in Ontario. We found no tenant notice that lets you leave early over a landlord's breach: the routes are the T6, an agreement with the landlord, or a normal notice.

In New Brunswick, serve the landlord a written notice of complaint. The landlord has 7 days under the regulation to respond. The tenant then notifies a residential tenancies officer, who can order the landlord to comply, have the work done at the landlord's cost and redirect rent, or end the tenancy on the tenant's application. The officer can also order up to one month's rent for expenses and a refund of up to one month's rent paid while the unit was uninhabitable.

We found no rule that lets a tenant end the tenancy by their own notice for this reason. The landlord must not deliberately interfere with the tenant's heat, water or power.

In Nova Scotia, apply to the Director of Residential Tenancies on Form J. Mediation is tried first. The Director can order repairs and reasonable expenses, award compensation, order rent paid into trust, or order the tenancy terminated. An emergency hearing can be requested on Form DR9 after Form J has been filed. We found no self-help rule for deducting repair costs, and rent cannot be withheld.

We found no rule that lets a tenant end the tenancy by their own notice for mold or unsafe conditions. The health ground in the Act is about the tenant's own health and applies only to year-to-year and fixed-term tenancies.

In PEI, file Form 2(A), the Tenant Application to Determine Dispute, with the Rental Office. The Director's orders can include compliance, a rent reduction, compensation or termination. When a repair is urgent and the tenant has made reasonable attempts to reach the landlord's contact and allowed reasonable time, the tenant may arrange an emergency repair and the landlord must reimburse within 7 days of a written claim with receipts.

We found no notice right in the Act that lets a tenant leave early over conditions. The Act separately addresses a landlord's breach of its repair duty, a material term or a statutory condition.

In Newfoundland and Labrador, serve a written Tenant's Request for Repairs. If the repairs are not done, apply to the Residential Tenancies Office, with your rent up to date. An adjudicator can order repairs, a rent reduction or rebate, rent to be paid into trust, or compensation. You can also report the problem to the municipality or the health department.

For a material breach not fixed within a reasonable time after written notice, the tenant can end the tenancy with notice. A breach of the landlord's statutory condition on repairs lets the tenant give notice effective immediately, and if a regulatory authority declares the unit uninhabitable the tenant may leave immediately. We found no rule letting a tenant deduct emergency repair costs from rent.