Remedies offered under the RTA

Landlord’s Remedies
Tenant’s Remedies

Landlord’s Remedies

  1. Landlord’s remedies are outlined in section 26 of the Residential Tenancies Act (Mobile Home Sites Tenancies Act section 30) and allow a landlord to apply for one or more of the following remedies:
    1. recovery of arrears of rent
    2. recovery of damages resulting from a breach of the tenancy agreement by the tenant
    3. recovery of for the use and occupation of the premises by an overholding tenant
    4. recovery of possession of the premises from an overholding tenant
    5. termination of the tenancy by reason of a substantial breach
  2. The Residential Tenancies Act sections 30, 33, and 36 (Mobile Home Sites Tenancies Act section 33)* allow landlords to apply for an order:
    1. confirming the termination of a tenancy where the landlord has given notice of termination in accordance with section 30(1) and the tenant has not vacated the premises by the time and date of termination as set out in the notice.
    2. terminating the tenancy of a tenant who abandoned the premises and for recovery of possession, where a person (other than the tenant) served with a notice to vacate under section 33 has not complied with the notice.
    3. directing a person who is not a tenant of the premises to vacate the premises, if the person has not complied with a notice to vacate served in accordance with section 36.

Please note: The Mobile Home Sites Tenancies Act section 33 is the equivalent of Residential Tenancies Act section 30. The Mobile Home Sites Tenancies Act has no equivalent of Residential Tenancies Act sections 33 and 36.

Tenant’s Remedies

Tenant’s remedies are outlined in section 37 of the Residential Tenancies Act (Mobile Home Sites Tenancies Act section 39) and allow a tenant to apply for one or more of the following remedies on a breach of the tenancy agreement or a contravention of the Act:

  • recovery of damages resulting from a breach or contravention of the tenancy agreement by the landlord
  • abatement of rent where a breach by the landlord deprives a tenant of the benefit of the tenancy agreement
  • compensation for the cost of performing the landlord’s obligations
  • termination of the tenancy by reason of a breach if in the opinion of the court the breach is of such significance that the tenancy should be terminated.