CanadaHousing
Security deposits, eviction, repairs, rent increases, breaking a lease
25 questions
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Rental Rights
(7)Can I claim a rent reduction if my landlord fails to maintain the property?
Yes, you may be entitled to a rent reduction (abatement) if your landlord fails to maintain the property and essential services or premises become substantially unfit for use.
Can my landlord evict me and does a tribunal have exclusive jurisdiction?
Yes, your landlord can evict you—but only through the proper legal process, and in most Canadian provinces, a residential tenancy tribunal (not a court) has exclusive jurisdiction over eviction and lease disputes.
What protections do tenants have under Quebec's residential lease tribunal system?
Tenants in Quebec have strong protections through the Régie du logement, which has exclusive jurisdiction over residential lease disputes, including rent control, eviction safeguards, and mandatory hearing rights before any eviction.
Can a tenant sue for damages caused by landlord negligence in common areas?
Yes, a tenant in Canada can sue for damages caused by landlord negligence in common areas, as courts recognize landlords’ duty to maintain those areas safely.
Can a landlord enter my apartment without my permission?
Generally, no — a landlord in Canada cannot enter your apartment without your permission, except in emergencies or with proper notice as required by provincial tenancy laws.
Can my landlord raise rent without limits?
No, landlords in Canada cannot raise rent without limits — provincial and territorial laws set maximum allowable increases, notice periods, and frequency rules.
Can I break my lease early if the apartment has serious health hazards?
Yes, in most Canadian provinces, you can end your tenancy early if the rental unit has serious health or safety hazards that make it unfit for habitation.
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Tenancy Law
(4)Is residential tenancy law provincial or federal in Canada?
Residential tenancy law in Canada is exclusively provincial — the federal government has no legislative authority over it.
Are residential tenancy tribunals constitutional bodies that can exercise eviction powers?
Yes, residential tenancy tribunals in Canada are constitutional bodies that may exercise eviction powers, provided they do not infringe on the exclusive jurisdiction of s. 96 courts under the Constitution Act, 1867.
Does the federal government have jurisdiction over residential tenancy disputes?
No, the federal government does not have jurisdiction over residential tenancy disputes — this is exclusively a provincial responsibility under Canada’s constitutional division of powers.
Can a housing co-op evict a member?
Yes, a housing co-op can evict a member, but only for specific reasons and following strict procedural rules under provincial co-op legislation.
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CMHC Role
(5)What is CMHC mortgage insurance and when do I need it?
CMHC mortgage insurance is government-backed protection for lenders against borrower default, required in Canada when your down payment is less than 20% of the home’s purchase price.
Can CMHC acquire land to build affordable housing?
Yes, CMHC can acquire land to build affordable housing under section 44 of the National Housing Act.
What is the maximum amount that CMHC can insure in total?
CMHC’s total insured amounts outstanding cannot exceed the limit set by regulation under the National Housing Act.
How does CMHC promote affordable rental housing construction?
CMHC promotes affordable rental housing construction primarily by making or insuring loans for rental housing projects under the National Housing Act.
What mortgage default insurance coverage does CMHC provide to lenders?
CMHC provides mortgage default insurance to lenders for eligible residential mortgages with down payments of less than 20%, protecting lenders against loss if borrowers default.
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Homebuying Support
(2)What government programs exist to help first-time homebuyers?
Canada offers several federal programs for first-time homebuyers, including the First Home Savings Account (FHSA), Home Buyers’ Plan (HBP), and CMHC-insured mortgages with lower down payment requirements.
What is the role of approved lenders in the Canadian mortgage system?
Approved lenders are financial institutions designated by the federal Minister under the National Housing Act to make insured or government-backed housing loans secured by mortgages on residential property.
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Discrimination & Access
(3)Can a landlord refuse to rent to me because of my race or disability?
No, landlords in Canada cannot refuse to rent to you because of your race or disability — it is illegal discrimination under federal and provincial human rights laws.
What is social housing and how does the federal government fund it?
Social housing in Canada refers to rental housing provided at below-market rents to low- and moderate-income households, and the federal government funds it primarily through the Canada Mortgage and Housing Corporation (CMHC) under the National Housing Act.
How does the National Housing Strategy aim to reduce homelessness?
The National Housing Strategy reduces homelessness by funding affordable and social housing through the Canada Mortgage and Housing Corporation (CMHC), guided by the National Housing Act’s goals of housing affordability, choice, and adequate funding.
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Development Regulation
(3)Can a commercial tenant enforce restrictive covenants against a landlord?
Yes, a commercial tenant can enforce restrictive covenants against a landlord in Canada if the covenant is clear, intended to benefit the tenant, and properly registered — as confirmed by the Supreme Court of Canada in Russo v. Field.
Can a municipality charge developers fees to fund schools and infrastructure?
Yes, municipalities in Canada can charge developers fees for infrastructure, but not directly for schools — only provincial governments may impose education-related development charges, as confirmed by the Supreme Court of Canada.
Are condominiums regulated under federal or provincial law?
Condominiums in Canada are regulated exclusively under provincial and territorial law — not federal law.