General guidance
This guide currently contains general legal information. Jurisdiction-specific guidance for your location is coming soon. The Concaso assessment will still tailor its questions and analysis based on your jurisdiction.
Tailored versions available: Ontario, British Columbia, England & Wales.
Plaintiff Centre
If you are bringing this claim
The focus is what the tenancy agreement and the housing rules required, and what the written record shows.
- Write down what happened in order, with dates, before memory fades.
- Collect the documents listed below — they usually matter more than the argument.
- Check the limitation period for where you are; it is the one thing that cannot be fixed later.
- Work out whether the other side can actually pay or comply before spending money.
- Keep chasing in writing, so there is a record of what was asked and when.
Reading this from the other side? Switch to the Defendant Centre view.
How a tenancy dispute normally moves
Residential tenancies are usually governed by dedicated legislation and heard by a tribunal rather than an ordinary court. The process is generally sequential, and skipping or mis-serving a step is one of the most common reasons a case is delayed or dismissed.
1
A notice is served, in a prescribed form, stating a ground and a date.
2
A short period runs in which the issue can often be corrected or the tenancy ended voluntarily.
3
An application is filed with the tribunal if the notice does not resolve matters.
4
A hearing takes place, often within weeks, frequently by phone or video.
5
An order is issued, and enforcement is a separate step carried out by an authorised officer.
Responding to a notice as a tenant
Receiving a notice does not by itself end a tenancy. In most systems the tenancy continues until an order is made, and there is usually a defined period in which the notice can be disputed or the ground corrected.
- Note the date you actually received it, and how
- Check whether the ground can be cured, and by when
- Keep paying rent unless a decision-maker has said otherwise
- Gather your own record of repairs, payments and communications
The common grounds and what each side shows
| Ground | What is usually shown | Common answer |
|---|---|---|
| Rent arrears | A ledger of charges and payments | Payments made, or a repair-related set-off |
| Own use / family use | A stated intention and required compensation | Evidence the stated reason is not genuine |
| Renovation | Permits and scope showing vacancy is required | Work does not require vacant possession |
| Damage or conduct | Dated photographs, reports, complaints | Fair wear and tear, or no proper warning |
| Repairs not done | Requests, photographs, inspection reports | Access was refused, or the issue was corrected |
In most systems the person who served the notice or filed the application carries the burden of proving the ground they relied on, and the tribunal decides on the evidence actually filed rather than on what could have been produced.
Notice periods and filing deadlinesGeneral guidance
Notice periods, cure periods and the window to dispute a notice or apply to the tribunal are set by local legislation and are usually short. Some are counted in days from service rather than from receipt. Confirm the exact dates for your location before relying on any general timeline.
Documents to gather
- The tenancy agreement and any renewals or addenda
- The notice served, and proof of how it was delivered
- A rent ledger showing charges, payments and dates
- Deposit records and any interest or protection documentation
- Repair requests and responses, with dates
- Inspection reports and move-in or move-out condition records
Evidence that carries weight
- Dated photographs or video of the condition in dispute
- Text messages or emails showing what was reported and when
- Receipts for repairs, cleaning or replacement
- Witness statements from a contractor, neighbour or inspector
- Bank records evidencing rent payments
Want both lists in one printable page?
Common mistakes
- Using an out-of-date or incorrect notice form
- Counting the notice period from the wrong date
- Withholding rent without a route that permits it
- Attempting to remove a tenant without an order
- Arriving at a hearing without the ledger, photographs or service proof
Frequently asked
Does a notice mean I have to leave by that date?
Generally no. A notice usually starts a process; in most systems the tenancy ends only by agreement or by an order after a hearing.
Can rent be withheld until repairs are done?
Some systems provide a formal route for this and others treat withholding as arrears. Where a route exists it normally has conditions and paperwork, so check before stopping payment.
What happens to the deposit?
Deposits are usually regulated: what they can be applied to, and the deadline for returning them or claiming against them. Missing that deadline can affect what can be deducted.
How quickly is a hearing scheduled?
It varies widely by location and by the type of application. Arrears matters are often heard faster than conduct or repair matters.
Does a commercial lease work the same way?
Usually not. Commercial tenancies are typically governed by the lease and general law rather than residential tenancy legislation, with different remedies and far fewer statutory protections.
Assess my situation
Concaso turns what you already know into a structured, confidential report — strengths, weaknesses, missing evidence, and the deadlines that matter. We will start you in the right place based on this guide, as a tenant.
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This guide is general information, not legal advice, and Concaso is not a law firm. Reading it does not create a lawyer–client relationship. Deadlines and procedures differ by jurisdiction and change over time — confirm anything you intend to rely on.