It doesn’t matter how well you generally get along with your landlord, when there appears to be unreasonable demands placed on you as a tenant, the lease is the default protector. However, sometimes the lease does not provide any resolution, especially when rudeness or disrespect creeps in, which can make life unbearable for a tenant.

It works both ways though. Bear in mind that are levels of unreasonableness that tenants display, which can cause a landlord to react negatively. For example, if you expect the landlord to fix every minor problem immediately, it may create tension.

How to identify a potentially difficult landlord

If you're considering renting a property, it's important to recognize signs of a potentially problematic landlord. Here are some common red flags to watch for:

• Disrespect: The landlord talks down to you or acts as though they are superior.
• Unresponsive: They ignore your emails, texts, or other communications, or take weeks to reply.
• Overly demanding: The landlord insists on your availability at all times or tries to charge you for repairs that aren't your responsibility. In extreme cases, they may attempt to evict you without cause.
• Ignorance of lease or law: The landlord is unfamiliar with tenant protection laws or disregards the terms of the lease agreement.
• No lease copy: You are not provided with a copy of the lease agreement, which should always be a standard part of the rental process.
• Property misrepresentation: The property is not as advertised, and no effort is made to fix discrepancies.
• Discrimination: You experience unfair treatment based on your race, religion, culture, or other protected characteristics.
• Lack of security: You do not feel safe or the landlord makes you feel uncomfortable in your home.
• Harassment: You or your guests are subjected to harassment by the landlord.
• No respect for boundaries: The landlord frequently oversteps personal boundaries.
• Constant complaints: Unreasonable complaints about things like parking, noise, or visitors are made without justification.

By recognizing these signs early on, you can avoid renting from a landlord who may make your living situation difficult.

Tenants have rights:

• The right to a habitable dwelling. This means that the property must be in a safe and livable condition, free from major defects.
• The right to privacy. This means that the landlord cannot enter the property without the tenant's consent, except in an emergency.
• The right to quiet enjoyment. This means that the tenant has the right to live on the property without being disturbed by the landlord or other tenants.
• The right to a fair rent. The rent must be reasonable and not excessive.
• The right to be given notice before eviction. The landlord must give the tenant reasonable notice before evicting them, and the eviction must be for a valid reason.

Tactics tenants can use to cope

It is very tricky to avoid responding in a similar manner to how the landlord approaches you, but the important thing is to remain calm so as not to exacerbate any problems. If you have been paying on time, and abiding by the terms of the lease, in other words ‘a model tenant’, other steps you can consider to improve the relationship are:

• Communication: Keep all written communications professional. Avoid any personal attacks. Remain polite at all times.

• Asking for a mediator to help resolve the issues.

• Examine your own approach: am I communicating effectively, am I judgmental, are my expectations too high? Adjust accordingly.

• Pick your battles: Don’t expect minor incidents/repairs to be resolved quickly. Constant complaints can lead your landlord to ‘tune out’ and ignore you.

• Document everything. If you wish to video or photograph the landlord, you will need permission to do so.

More factors to consider:

• Ensure proper documentation: Always request a written lease agreement before moving into a property. Be cautious if a landlord refuses to provide receipts for rent or deposits. Leases protect both parties, including regulating rent increases and clarifying responsibilities.

• Visit the property before committing: Never rely solely on a landlord’s word. Make sure to inspect the property in person before paying any money, even if you've signed a lease, to avoid falling victim to scams involving non-existent properties.

• Watch for excessive upfront costs: While it’s common to pay two months' rent upfront, be wary of landlords demanding unusually large sums before agreeing to rent out the property. Huge deposits for utilities like electricity and water are a red flag, especially as many municipalities now require these accounts to be in the owner’s name.

• Avoid cash-only payments: Insist on making rent payments through bank transfers (EFT) instead of cash. This ensures transparency, especially since landlords are responsible for paying taxes on rental income, and cash payments may indicate attempts to evade these obligations.

• Document everything: Keep all agreements and communication in writing. This is particularly useful if disputes arise, such as property maintenance issues. Written records make it easier to prove claims with the Rental Housing Tribunal or in court.

• Clarify deposit terms: A landlord must provide proof of any deductions from your deposit by showing receipts for repairs. If the landlord claims to have done the work themselves, get quotes from local handymen to ensure fair pricing. By law, the landlord must inspect the property within 10 days of vacancy and return the deposit (or adjusted amount) within 21 days.

Rental Housing Tribunal as a last resort

• Unacceptable living conditions, such as overcrowding or hygienic issues.

• Insufficient maintenance or repairs of a property.

• Not paying rent to the landlord.

• Not refunding a deposit of the tenant.

• Damage to a property (for example, a door of the landlord or a table of the tenant).

• Eviction without a court order.

• Disconnection of services (such as electricity) without a court order.

• Non-compliance with the Rental Housing Act.

• Not issuing a receipt or statements to a tenant in respect of payments made.

• Discrimination by a landlord on the grounds of race, sex and so on, of a tenant.

Worst case scenario: if all else fails and you feel you cannot continue, it may be time to move when the lease is up. If that lease is too far in the future, it might be that your landlord will consider an early exit. The question to ask yourself is whether the benefits of living on the property outweighs the problems and difficulties you face?