: The Student voice of the University of Prince Edward Island

- Thursday, September 8, 1988

KNOW YOUR RIGHTS!!!!

As the academic year draws ear, students will soon be flood- ing Charlottetown to look for liv- ng accomodations. With a va- cancy rate which is higher than most cities in Canada, students

should not have problems finding |

a home. However, they should still be aware of their rights in the housing hunt.

The Landlord and Tenant Act and the Rent Review Act ap- ply to all real property, while the Rental Accomodations Reg- ulations made under the Pub- lic Health Act describes mini- mum standards for quality of res- idential premises. These pieces of legislation outline the rights and responsibilities of landlords and tenants, and regulate rent increases. The regulations try to ensure that dwelling units are conducive to the social, physical, andamental well being of the ten- ants and occupants.

Tenant Agreements:

A tenancy agreement is the agreement between an owner and an occupier for the possession of premises. It may be written, oral, expressed, or implied, as long as it is clear and both parties un- derstand it. Decisions should be made on how many people are to live on the premises, whether pets, children, and such things as waterbeds are allowed, and if there is a parking space available. A checklist. detailing the condi- tion of the apartment should be signed by both parties after an in- spection.

If the tenancy agreement is written, the landlord is to deliver it to the tenant within twenty-one days. Above all, understand the agreement before you sign it.

Security Deposits:

A security deposit is simply money you pay a landlord, which is held in trust. If for some rea- son you cause the landlord to in- cur any expenses as a result of your actions, such as damage to the apartment, then part or all of those funds can be used to make the repairs.

The landlord must maintain the funds in a deposit account designated in trust and this is kept separate from any other funds, including personal funds. The tenants are allowed to receive

interest on the security deposit at a rate of ten percent. This in- terest may be paid annually, or, if the tenant desires, it may be paid on the termination of the tehancy.

If the landlord wants to keep a part of the deposit, a statement of account must be delivered to the tenant and the balance re- turned within ten days of end-

month, to be. effective on the last day of the following month, if it is a monthly tenancy. There are exceptions to this, however. The landlord may give a thirty day no- tice, any time during the month, if any of the following has oc- curred: — If the tenant is fifteen days or more behind in rent. — If the tenant or a guest has dam- aged the rented premises. — If

ing the tenancy agreement. If the

tenant disagrees with the state- ment and is unable to resolve the matter with the landlord, the ten- ant may apply to the Office of the Prothonotary at the Law Courts Building in Charlottetown.

If no claim is made by the landlord, the security deposit must be returned to the tenant within ten days after moving out of the premises.

Notice to Vacate:

If the landlord wishes the ten- ant to vacate, a notice must be given before the last day of any

the tenant fails to discontinue a

disturbance or nuisance to other residents of the building. If it is a weekly tenancy, the landlord must give notice on or before the last. day of any week, to be effec- tive on the last day of the follow- ing week. If it is a yearly ten- ancy, notice must be given on or before the sixtieth day before the last day of the year, to be effec- tive on the last day of the year.

If the tenant wishes to vacate, °

a thirty day notice must be given anytime during the month.

Rent Increases:

The allowable percentage of rent increase is four percent. This percentage, however, may change each year. A minimum ninety day notice period must be given before a rent increase may be- come effective. These notices are to be given to the tenant in writ- ing, and in the form that is in ac- cordance with the Landlord and Tenant Act requirements. There is not to be a rent increase more often than once every twelve months.

Landlord Responsibilities:

Essential services such as heat, electricity, hot and cold running water, and garbage dis- posal facilities must be made available to the tenants by the landlords. If these are not pro- vided, the tenant should call the Division of Community Hygiene in the Department of Health and Social Services.

The landlord is not allowed to enter the premises unless a twenty-four hour notice is given before the time of entry, which is to be between 8:00 in the morn- ing and 9:00 in the evening, and specified in the notice. The only exceptions to this are in cases of emergency, or with the consent of the tenant, or if the tenant aban- dons the premises.

If the tenant has not paid rent, the landlord is not permit- ted to seize the tenant’s personal property or. withold the security deposit. Also, neither the land- lord or the tenant are allowed to change or alter the locks on an apartment without getting con- sent from the other.

Help in the Search:

The Student Services at UPEI has a list of all current rental * information, including city maps and housing listing. For infor- mation regarding landlord-tenant matters, inquiries should be ad- dressed to the Rentalsman’s Of- fice, 11 Kent Street, PO Box 2000, Charlottetown, C1A 7N8. The telephone number is 892- 0311.

So remember that there are a lot of rights that every ten- ant has, and that the more you understand them, the better off you'll be in the long run. Happy Housing Hunting!