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In the Residential Tenancies Regulation, there is
a prescribed form called "Standard Residential Tenancy Agreement."
The standard agreement has certain rules in it which are considered
reasonable. For example: The tenant agrees to use the rental unit
and residential complex for residential use only.
In addition to the rules in the standard
agreement, a landlord may set their own house rules. Any additional
or house rules not spelled out in the standard tenancy agreement
must be put in writing. A landlord should make a rule as clear as
possible. If a landlord wants tenants to avoid certain behaviour,
the landlord should be specific in their rules. Both the landlord
and tenant should have a copy of the rules.
<><><><> Although a landlord may choose not to enforce a
rule at present, it doesn’t prevent them from enforcing the rule in
the future. However, a landlord must ensure that they treat all
tenants equally in order to be fair.
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If a tenant breaches a reasonable rule, the
landlord may be able to give the tenant notice to move. The landlord
would first need to give the tenant an opportunity to comply with
the rule.
<><><><> The Branch may decide if a rule is reasonable,
but only after receiving information from both the landlord and the
tenants. The Branch would likely hold a hearing to consider this
type of issue.
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A landlord can change or add rules during the
tenancy. If the rule change is significant, the landlord should give
the tenants reasonable notice of the change. In some cases, when a
landlord changes or adds a rule, it may create undue hardship for a
tenant or tenants. If this happens, the tenant can ask the Branch to
decide if the change or addition is reasonable.
Here are some examples of common reasonable
rules:
Barbeques
A landlord can refuse to allow tenants, living in
a residential complex, to use barbecues. This rule is reasonable
because of the risk of fire.
Christmas Trees
A landlord can refuse to allow tenants, living in
a residential complex, to have real Christmas Trees. This rule is
reasonable because of the risk of fire and because real trees can
create a mess in the common hallways when tenants bring them in or
out of the building.
Garage or
Yard Sales
A tenant should get the landlord’s permission
before having a yard, garage or apartment
sale. A landlord may
refuse to allow a tenant to have a yard, garage or apartment sale
because of the potential damage or disturbance it could cause. Or,
they can set guidelines for where and when tenants can have the
sale. These rules may vary. For example: It is not unreasonable
for a landlord of a multi-family unit like a four-plex to refuse to
allow a yard sale, particularly if all tenants have use of the
common areas. It is not unreasonable for a landlord to refuse to
allow an apartment sale in a residential complex that offers tenants
the protection of a security system.
Insurance
Generally, a landlord can’t insist that a tenant carry liability
insurance as a condition of tenancy. The Branch recommends that
tenants consider buying a tenant’s insurance package for their own
protection. In certain circumstances, it may be reasonable for a
landlord to require a tenant to carry liability insurance (e.g. if a
tenant has a waterbed, a large aquarium or a portable washer).
Pets
A landlord can refuse to allow tenants to have
pets. Or, they can set general guidelines for the kind of pets
tenants can have. For example: Small breed dogs or cats may be
allowed.
Landlords can change their "pet
rules". If a
landlord brings in a new "no pet rule", tenants who were allowed
pets under the old rules can keep them, but can’t replace them.
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The Human Rights Code does not allow landlords to
refuse to rent to someone who needs a guide dog. Guide dogs are not
pets. A tenant who needs a guide dog is not breaking a "no pets"
rule in a tenancy agreement.
Tenants who have guide dogs are responsible for
their behaviour. A tenant must make sure that their dog does not
bark excessively and disturb or intimidate other tenants.
Rent Payments
A landlord may set rules on where and how they
will accept rent from tenants. A landlord must give their tenants
written notice of the address where the tenants are expected to pay
rent. A tenant is responsible to ensure that they deliver their rent
to that address. A landlord can’t refuse to accept cash at that
address, since cash is legal tender. A landlord may allow tenants to
pay rent at other places too. If they do this, they can put
conditions on how the tenants can pay the rent. For example: If a
tenant pays their rent at the address the landlord gave them, the
landlord must accept cash or other legal tender, like a money order.
The landlord may say that the manager or caretaker is not authorized
to accept cash for security reasons. But, the landlord may allow the
tenant to give a cheque or money order to the on-site manager or
caretaker.
<><><><> If the
bank did not honour a tenant’s previous
rent cheque, a landlord can tell a tenant that, in future, they will
only accept cash, certified cheque or money order for rent.
Satellite Dishes
A tenant must get the landlord’s permission
before installing any satellite dish or other equipment in the
rental unit or residential complex.
Smoking
A landlord may have a rule that tenants are not
allowed to smoke in the common areas of a residential complex, like
hallways, building entrances, laundry rooms and recreational
facilities.
Waterbeds
A landlord may refuse to allow a tenant to have a
waterbed because of the potential damage it could cause. A landlord
who allows a tenant to have a waterbed may require the tenant to
have a tenant’s insurance policy. The landlord may ask the tenant
for proof that the tenant purchased the necessary insurance. The
landlord can also ask the tenant to show that they’ve renewed the
policy each year.
Water Bills
If a tenant is responsible to pay the water bill
under the terms of their tenancy agreement, the landlord can ask a
tenant to take regular water meter readings to ensure that the water
bills are actual and not estimated. This rule is reasonable since
The City of Winnipeg may apply an unpaid water bill to a landlord’s
property taxes.
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