When can a tenant sue a landlord?

Through your province's tenancy tribunal or office, you can usually claim for a deposit that was not returned, repairs the landlord would not make, an entry without proper notice, a lockout or eviction done without an order, money collected against the law, and other losses caused by the landlord breaking the Act or your lease. Depending on the province, the tribunal can order compensation, a rent reduction, repairs, repayment for repairs you made, or an end to the tenancy. In British Columbia and PEI, a landlord who misses the deposit deadline can be ordered to pay double.

Usually you apply to your province's tenancy office rather than sue in court, because mould falls under the landlord's duty to keep the home in good repair and up to health and housing standards. Black mould is handled the same way. Ask for the repair in writing, take photos and allow a reasonable time. If nothing happens, the office can order repairs and, depending on the province, reduce your rent or award compensation; in Alberta, the RTDRS or the court can award damages and a rent reduction. A health or building inspector can also look at the problem; see what to do if your landlord refuses repairs.

A cockroach or other pest problem is generally treated as a repair issue, so it goes to the tenancy office like any other repair. In Saskatchewan, treating pests is generally the landlord's cost unless the tenant caused the infestation, and PEI's public health rules require rental homes to be vermin-proof. Tell the landlord in writing, keep a dated record of what you see, and apply to your tenancy office if the landlord does not act. You can ask for an order to deal with the problem and, where the province allows it, a rent reduction or compensation.

Yes, through your province's tenancy office. Ask in writing first and allow a reasonable time; in New Brunswick the landlord has 7 days after a written notice of complaint, and in Newfoundland and Labrador your application must include a written Tenant's Request for Repairs. The office can order the work and, depending on the province, reduce your rent, award compensation or have rent paid to the office until it is done. Do not hold back rent to force repairs, as it can lead to eviction.

You can apply to your province's tenancy office if the landlord enters without proper notice and it is not an emergency. In Ontario, the Landlord and Tenant Board can order the landlord to stop, pay your costs, reduce your rent or pay a fine, and you must apply within one year. In Alberta, an improper entry is an offence with a fine of up to $5,000. Write down each entry and tell the landlord in writing that future entries need proper notice; see when a landlord is allowed to enter.

Harassment can be a breach of the tenancy law or the lease, so the usual route is an application to your province's tenancy office. Newfoundland and Labrador's Act specifically bars a landlord from threatening, intimidating or harassing a tenant because the tenant complained or applied to the tenancy office. Keep a dated log of what was said and done, save messages and note any witnesses. If the conduct involves threats of violence or other possible crimes, call the police.

Yes. If your landlord locks you out or forces you out without an order, contact your province's tenancy office right away. In Ontario, the Board can order the landlord to let you back in if the unit is still vacant, and you must apply within one year; in Saskatchewan, the ORT can award punitive damages for a lockout without justification; in British Columbia, a landlord who illegally evicts a tenant can face a penalty of up to $5,000 and have to repay the tenant's costs. See can a landlord change the locks for the rules in each province.

Yes. Ask for it in writing, then apply to your province's tenancy office before your deadline: 2 years in Alberta and British Columbia, 60 days after the tenancy ends in Saskatchewan, 1 year in Ontario, Nova Scotia and Newfoundland and Labrador, and 6 months in PEI. In British Columbia and PEI, a landlord who misses the return deadline can be ordered to pay double. New Brunswick holds deposits itself, so you apply to the Tenant and Landlord Relations Office. See what to do when your landlord won't return your deposit.

If the landlord's failure to maintain the home cost you money, you can usually claim it through your province's tenancy office as a breach of the landlord's repair duty. In Alberta, the RTDRS or the court can award damages; in Saskatchewan, a hearing officer can award damages; in Newfoundland and Labrador, an adjudicator can order compensation. Keep proof of the problem, your written requests and what it cost you. Larger or unusual claims may belong in court, so ask the tenancy office first whether it can hear yours.

Tenancy tribunals award compensation for losses caused by a landlord's breach of the Act or the lease, and you have to show both the breach and the loss. Whether stress or upset can be compensated depends on the facts and on your province, so most tenant claims focus on losses that can be proved, such as repair costs or a rent reduction for the time a problem lasted. Saskatchewan's tribunal can also award punitive damages against a landlord who locks a tenant out without justification. Ask your tenancy office or a legal clinic what you can claim before you file.

Yes, as long as you are within your province's deadline. Alberta allows 2 years from when the claim first came to your attention, British Columbia generally 2 years after the tenancy ends, Newfoundland and Labrador 1 year after the rental agreement ends, and PEI 6 months after the tenancy ends. Saskatchewan deposit claims must be made within 60 days after the tenancy ends, and in Ontario a claim for money collected or kept against the Act must be filed within one year of when the landlord collected or kept it. Check your deadline with the tenancy office as soon as you can.

They should not. Alberta says a landlord cannot evict a tenant for using their rights under the Residential Tenancies Act or the Public Health Act, Saskatchewan protects a tenant who makes a good-faith complaint to a municipality about health or safety standards, and in Newfoundland and Labrador a tenant has one month to apply to set aside a retaliatory notice. Keep paying your rent and following your lease, because a landlord can still end a tenancy for a lawful reason such as unpaid rent.

In the provinces covered here you usually start with your province's tenancy tribunal or office rather than a courtroom. Ask the landlord in writing to fix the problem or pay what is owed, then gather your lease, your written requests, photos, receipts and a dated record of what happened. File the application with the tribunal listed in the table above, pay the filing fee if there is one, and attend the hearing. In Alberta you can apply to the RTDRS or go to court.

Check your filing deadline before you start, because it can be as short as 60 days after the tenancy ends for a Saskatchewan deposit claim. SQRFT advice: keep paying your rent while the claim is decided unless your province's Act or tenancy office says you may hold it back. In British Columbia, for example, rent must be paid even if the landlord is breaking the Act, unless the Act gives the tenant a right to deduct.

The tenant can ask the tenancy tribunal or office to deal with it, and what it can order differs by province. In Newfoundland and Labrador, for example, an adjudicator can order repairs, a rent reduction until they are done, a rebate of rent or rent paid into trust, and the director can order compensation. In Alberta the RTDRS can award up to $100,000 but cannot order repairs.

A serious breach can also let the tenant leave. In Saskatchewan, if the landlord breaches a material term, a tenant can end the tenancy by written notice after giving the landlord a reasonable time to fix it, if it can be fixed. In British Columbia a tenant can end the tenancy if the landlord has not corrected a breach of a material term within a reasonable time after the tenant's written notice, with proper notice. Write to the landlord first and keep copies, because the tribunal will want to see that you asked.