Under the RTA, tenants cannot perform illegal acts or carry on an illegal trade, business or occupation in the premises.
The RTA is legislation covering civil matters and the standard of proof is on a balance of probabilities. What is an “illegal act” for the purposes of the RTA is a finding of fact for the courts to decide and will depend on the circumstances.
The courts have commented that an illegal act under the RTA includes criminal acts under criminal law. They can also include the result of actions or behaviours by a tenant leading to execution of a search warrant by law enforcement.
If you have concerns about possible illegal acts occurring in a rental property, you can make a confidential report to the Safer Communities and Neighbourhood (SCAN). If it’s an emergency situation, you should call 911 or the local police.
Last legal review: May 2024
