What is a rental agreement?
A rental agreement, Form 1 – Rental Agreement, is a contract between a landlord and tenant where a landlord gives a tenant the right to occupy the residential premises.
Do rental agreements have to be in writing?
A rental agreement can be written, verbal or implied. Since the rental agreement is the most important part of a landlord and tenant relationship, it should be in writing. The advantage of a written agreement is that it outlines the terms and conditions agreed to by both parties. Once the landlord and tenant agree to the terms and conditions of their contract, it cannot be changed unless both parties agree.
What information must a landlord provide to a tenant when entering into a rental agreement?
A landlord must provide the tenant with the following information:
- the name and address of the landlord
- the name and telephone number of the person responsible for the premises
Can a landlord ask for the names of the people living in the unit?
A landlord has the right to request the names of the people living in the unit.
Can a rental agreement be for a fixed period of time or can it be a month-to-month?
A rental agreement can be for a fixed period of time, a month-to-month period or a week-to-week period. If a landlord and tenant sign a written rental agreement for a fixed period of time, usually for one year, they are bound by the terms and conditions until the end of the fixed term.
If there is a written rental agreement, do both parties receive a copy?
Once the rental agreement is signed by both parties, a copy should be provided to the tenant at the time of signing or within 21 days after the tenant has signed. If the rental agreement is signed prior to the date it begins, a copy should be provided to the tenant within 21 days after the date it begins. The tenant is not bound by any additional terms and conditions in the rental agreement unless a copy has been served within 21 days.
Should a tenant know what services and equipment are included with the rent?
It should be clear to the landlord and tenant, when beginning a rental agreement, what services and equipment are included with the rent. Services agreed to when entering into a rental agreement cannot be changed without mutual consent of both parties, or by making application to the Director of Residential Rental Property.
When does the rent have to be paid?
The rent is usually due on the first day of the month unless the landlord and tenant agree to a different due date. If the rent is not paid on the due date, the landlord may serve the tenant with a Notice of Termination on the following day.
Is a landlord responsible for damages to a tenant’s personal belongings during the tenancy?
Under the Rental of Residential Property Act, a landlord is not responsible for damages to a tenant’s personal property. If a tenant wishes to be compensated for losses or damages to their personal belongings, they should purchase tenant insurance. If a tenant believes they have a cause of action against the landlord for personal injury and/or damages to personal property, they may pursue the matter in the Supreme Court of Prince Edward Island.
Can a landlord refuse to rent to someone who has a pet?
There is nothing in the Rental of Residential Property Act that prevents a landlord from refusing to rent to someone who has a pet. If the agreement has an additional term stating that the tenant cannot have a pet, the landlord may serve the tenant with a Notice of Termination for that reason.
Who is responsible for cleaning a rental unit before a tenant moves in?
If the rental unit is not clean or in a good state of repair at the time the tenant moves in, the tenant must notify the landlord. If the repairs are not carried out in a reasonable amount of time, the tenant can contact the Office of the Director of Residential Rental Property for advice.
Can a tenant withhold rent if the rental unit is not clean or in a good state of repair?
A tenant cannot withhold rent for failure on the part of the landlord to clean or do repairs. The landlord may serve a Notice of Termination to the tenant if all of the rent is not paid on the due date.
Can a landlord increase the rent when a new tenant moves in?
A landlord cannot increase the rent just because a new tenant moves in. The Rental of Residential Property Act outlines the procedures a landlord must follow to increase the rent.
For more information on rental agreements or other rental matters, contact the Rental Office by email at firstname.lastname@example.org or by telephone (902) 892-3501 or PEI toll-free 1-800-501-6268. Rental forms are available at any Access PEI office or online at https://peirentaloffice.ca/.