What happens if a tenant burns the house down?

An Alberta tenant must not cause significant damage to the premises (s.21(e)). A landlord can claim the cost from the RTDRS or the Alberta Court of Justice, each up to $100,000. Damage deductions from the deposit need the move-in and move-out inspection reports (s.19, s.46(6)).

A residential tenancy agreement is frustrated if the premises are destroyed, are damaged so that a reasonable landlord would not repair them or a reasonable tenant would not stay, or a Public Health Act order closes them (s.40(1)); the general law of frustration then applies. The Act does not say in plain words what happens to rent, so ask the RTDRS or Service Alberta information line.

A BC tenant repairs damage caused by the tenant, guests or occupants (s.32(3)). The landlord claims compensation from the Residential Tenancy Branch (s.67) within 2 years after the tenancy ends (s.60(1)); a claim must be $35,000 or less, and claims above that go to the BC Supreme Court, although a party can give up the excess to stay at the Branch (s.58(2.2), (4)). Extraordinary damage can be grounds for a one-month notice (s.47(1)(f), (g)), and intentional, reckless or negligent damage is an offence with a fine of up to $5,000 (s.95(5)).

If a fire makes the unit uninhabitable, the tenancy can end by frustration (s.44(1)(e), s.92) with no notice from either side. The tenant owes no rent after the event and the landlord should reimburse prepaid rent for the period after it; Policy Guideline 34 says the landlord keeps rent up to the date of frustration. A party cannot argue frustration if it resulted from their own deliberate or negligent act, so a tenant who caused the fire may not be able to rely on it.

A Manitoba tenant must take reasonable care not to damage the unit, and must repair damage or pay for it after written notice (s.72(1)). The landlord claims through the Residential Tenancies Branch (s.152(1)); we found no cap stated. The Branch cannot award for personal injury, pain and suffering, or legal fees.

When fire, flood or another event makes a unit uninhabitable, the tenancy is deemed terminated on the date performance becomes impossible (s.105(1)). The Act does not say outright that rent stops. A tenant who asks in writing within one month has a right of first refusal to rent the unit back at the lowest rent if it is made habitable within one year, but there is no such right if the tenant caused the damage (s.105(3)).

A Saskatchewan tenant repairs damage they cause (s.49(6)). The landlord can make a monetary claim to the Office of Residential Tenancies within one year (s.71.1), up to $30,000 (s.71), and must take reasonable steps to keep its loss down (s.8(2)).

A tenancy agreement ends by frustration if unforeseen circumstances make it practically impossible to complete (s.11(1)); the regulations give a fire that renders the premises uninhabitable as an example. The landlord's repair duty does not apply to property so destroyed that it is uninhabitable (s.49(3)). The Act applies The Frustrated Contracts Act, but we found no plain statement of rent after the event, so ask the ORT.

An Ontario tenant must repair undue damage caused wilfully or negligently by the tenant, another occupant or a person the tenant let in (s.34). The landlord applies to the Landlord and Tenant Board under s.89 for the reasonable cost of the damage, on an L2 while the tenant is in possession or an L10 within one year after move-out. The Board can order up to the greater of $10,000 and the Small Claims limit, now $50,000; anything above goes to court. The landlord cannot deduct damage from the rent deposit, which covers only the last rent period.

The Act applies the doctrine of frustration and the Frustrated Contracts Act to tenancies (s.19). We found no section on when rent stops after a fire. If the unit is damaged but not destroyed, the landlord's repair duty continues (s.20) and the tenant can apply on a T6 for a rent abatement.

A New Brunswick tenant must repair, within a reasonable time, damage caused wilfully or negligently by the tenant or guests (s.4(1)). The landlord can claim against the deposit within 7 days after the tenancy ends (s.8(12)). For other claims, the landlord asks the officer to keep holding the deposit and files court proceedings within 14 days (s.8(12.1), (12.4)). Extensive damage is also a ground for a notice to quit (s.5.1).

The Act has no section on a unit destroyed by fire. It applies the doctrine of frustration and the Frustrated Contracts Act to tenancies (s.11(2)), so a tenancy can end by frustration; ask the tenancy office how rent is handled. The government lists fire and flooding as emergencies, and notes that tenant insurance may cover temporary accommodation.

A Nova Scotia tenant must repair damage caused by their own or their guests' wilful or negligent acts (Statutory Condition 4). The landlord can claim on Form J within one year after the lease ends (s.13(1)); we found no dollar cap. Compensation covers losses up to the hearing date, and landlords must mitigate (Policy 7). The deposit can be applied to tenant-caused damage but not to wear and tear (s.12A(3)).

The tenancy does not end on its own. If the premises are made uninhabitable by fire, flood or other occurrence, the landlord may give a notice to quit (s.10(8)(c)), which the tenant may apply to set aside (s.10(7D)). We found no rule on notice length or on rent after the event, so ask Residential Tenancies. We found no mention of frustration in the Act.

A PEI tenant must repair undue damage caused by the tenant or their guests (s.28(4)). The landlord applies to the Director on Form 2B during or within six months after the tenancy (s.75(1)); the Director can make money orders (s.85(1)(b), (d)). We found no cap.

The Act has no section that ends the tenancy automatically when a unit is destroyed; it applies the doctrine of frustration (s.102), and PEI's Frustrated Contracts Act provides that sums paid under a frustrated contract are recoverable and sums payable cease to be payable. We could not confirm how the Director applies that to rent, so ask the Rental Office. If a government authority orders the unit vacated, the landlord can give a cause notice under s.61(1)(k).

A Newfoundland and Labrador tenant must repair damage caused by a wilful or negligent act of the tenant or their guests (Statutory Condition 2). If the tenant does not repair within 3 days or a reasonable time after a written request, the landlord may give notice not less than 5 days after service (s.22(2)). The landlord applies to the Residential Tenancies Office within one year and must prove the damage was deliberate or negligent. We found no cap.

The Act applies the doctrine of frustration and the Frustrated Contracts Act to rental agreements (s.9(2)); under the latter, sums paid are recoverable and sums payable cease to be payable, although a court may let a party keep some to cover expenses. We found no Office statement on how this applies to rent, so ask it. If the landlord's breach of its repair duty makes the unit uninhabitable, the tenant may end the tenancy immediately (s.21(1)), though Office policy warns that this may not be justified while the landlord is fixing an emergency; the landlord may do so if the tenant's act made it unfit (s.21(2)).