Landlord & Tenant Board
Know Your Rights & call 905-747-3315
The Landlord & Tenant Board, Ontario
The firm of SW Legal Services understands the importance of individuals upholding their rights, especially when it comes to matters concerning the home.
Farnaz Azizi, a licenced Paralegal and Member of the Law Society of Upper Canada, can provide assistance to individuals facing residential tenancy disputes. With experience practicing in the Ontario Landlord & Tenant Board, we are able to issue notices and prepare applications for both Landlords and/or Tenants.
The passion and determination brought forth by Ms. Azizi when addressing each matter, yields effective representation. SW Legal Services has the knowledge, experience and ambition that allows for our objective to resolve your residential disputes by reducing any un-necessary worries and by providing support and guidance throughout the processes.If you are experiencing a dispute within your residential tenancy and are unsure of what your rights are, please feel free to email us or call us for a free consultation!
The Landlord & Tenant Board, Ontario
The Residential Tenancies Act, 2006
The Landlord and Tenant Board (Board) aims to address the issues and concerns of residential Landlords and Tenants by way of a simple application process, which allows for an opportunity for mediation or a hearing before an adjudicator to resolve the parties’ disputes.
The Landlord and Tenant Board serves to uphold the law contained in The Residential Tenancies Act, 2006 (RTA). The RTA balances the rights and responsibilities of Landlords and Tenants pertaining to the lease of residential properties. Therefore, the purpose of the Act in effect is the purpose of the Board.
The Act and the Board cover a variety of topics, and as well apply to a variety of different types of residences, such as: care homes, retirement homes, and sites in a mobile home park or land leased community. Some of the prominent issues Landlords and Tenants face on a daily basis include:
Terminating a Tenancy Early
Illegal Lockouts;
Arrears or Late Payment of Rent;
Maintenance & Repairs;
Right of Entry (With or Without Notice)
Terminating a Tenancy Early
A common misconception held by most is the idea that when the lease expires so too does the tenancy. This in fact is NOT the case. The only two ways in which the termination of a tenancy is valid is either by way of an agreement between the parties or by an Order issued by the Board. Failing which, the Tenant will maintain the right to stay on either on a month-to-month basis, if their rent was paid monthly in their previous lease or on a weekly basis, if their rent was paid weekly in their previous lease.
Written Notice
A written notice is the best way for parties to communicate regarding their intention of vacating or terminating the tenancy and as important is the duration of the notice given. If the Tenant pays rent on a daily/weekly basis a 28 day notice is required. If the Tenant pays rent on a monthly basis or there is a lease for a fixed term, a 60 day notice is required. In each case, the termination date must be at the end of the weekly or monthly rental period or it cannot be earlier than the last day as specified in the lease.
Again, parties may come to a ‘terms of agreement’ that vary from what is outlined in the above, however, it is always recommended to have a written agreement.
Illegal Lockouts
A Landlord does not have the right to force a Tenant to move out; if the parties cannot come to an agreement then the Board must determine if an eviction order is to be issued by way of a hearing. Even when an eviction order is issued and the Tenant does not vacate the property willingly then the Landlord must file the order with the Court Enforcement Officer (Sheriff). An appointment will be scheduled for the Sheriff to visit the property and ensure that the Tenant leaves.
Similarly, a Landlord does not maintain the right to lock a Tenant out of the rental unit. In such a case the Tenant can call the police or call the Investigation and Enforcemnet of the Ministry of Municipal Affairs and Housing (416-585-7214, or toll-free 1-888-772-9277.
An illegal lock out by your Landlord is a ground to file an application at the Board; through such an application, Application About Tenant Rights (T2), a Tenant can request the Board to order an issue to allow the tenancy to continue or perhaps to allow you access into the unit to retrieve your belongings, amongst many other remedies.
Both the Landlord and the Tenant are prohibited by the Act from changing the locking system, without an agreement.
Should you ever be illegally locked out by your Landlord, make sure you get legal advice!
Arrears or Late Payment of Rent
The failure for a Tenant to pay rent is a ground for a Landlord to file an application at the Board to terminate the tenancy and have the Tenant evicted. For this reason it is important that certain information is clearly outlined in your lease agreement to avoid any confusion: the day rent is due, where payment is to be delivered to, and the method of payment accepted.
Such information is important as a means to ensure payment is not late or misdirected to the wrong department or individual. Moreover, when such terms are established, it cannot be changed unless both parties mutually agree to do so. Regardless of the method of payment, a receipt of rent payment shall always be made available by the Landlord at the request of the Tenant as a receipt of payment.
The second common misconception held by most is the idea that a Tenant can withhold rent if they feel they have a reason for doing so, i.e., there is an outstanding maintenance repair. A tenant does not have the right to withhold rent for any reason whatsoever.
The Landlord in such cases may issue a Notice to the Tenant to either pay the outstanding rent or to move; failing to comply would allow the Landlord to file an application with the Board. A hearing would then be scheduled; the parties and their representatives, if any, must attend to resolve the dispute(s), again by way of mediation or adjudication.
Maintenance & Repairs
It is of utmost importance that the Landlord maintains the rental property in a good state of repair. Items that ought to be kept in working order include:
Appliances;
Walls, roofs, ceilings;
Windows, doors, locks, lighting;
Electrical, plumbing or heating systems;
Carpets in the unit or common areas...
The overall tidiness of the unit must also be maintained, especially throughout the common areas such as the lobby, laundry room, parking lot, and so forth.
Beyond having to ensure that the unit is in a good state of repair and is overall tidy and clean, the Landlord must meet the standards as established by municipal bylaws or provincial maintenance standards. Also, the Landlord is responsible for following all fire safety laws. Finally, a Landlord cannot, for any reason at all, interfere with the supply of vital services such as hot or cold water, fuel, electricity, gas or heat.
If you are a Tenant who has concerns regarding a poorly maintained unit or interference with the supply of vital services as stated in the above, or if you are a Landlord who must continually deal with damages caused by their Tenant or their Tenant’s guest, despite of the repairs maintained and conducted, we urge you to seek legal advice!
Right of Entry (with or without Notice):
Pursuant to section 27 of the Act, the Landlord may have access to the unit upon providing a 24 hour written notice, which consists of certain information with respect to the Landlord’s entry. The notice should include: the reason for the anticipated visit, the date of the visit, and a time of entry between the hours of 8:00 am and 8:00 pm.
The Act does allow, under section 26, access to the unit by the Landlord without prior written notice should there be an emergency or should the Tenant give permission/consent to the Landlord.
Overview
Whether you are a Landlord or a Tenant, you have rights and responsibilities that you should be aware of in order to protect and uphold them.
TENANTS have the RIGHT to:
→ Security of tenancy: you may only be evicted from the unit if the Landlord has followed the proper processes and has obtained an eviction order from the Board.
→ Privacy: your Landlord may only enter the unit by following s.26 or s.27 of the Act.
TENANTS are RESPONSIBLE for:
→ Ensuring that full rental payments are rendered to the right individuals by the due date.
→ Keeping your unit clean to the standard of what most people would consider ‘normal cleanliness’.
→ Repairing any damages caused to unit by yourself or a guest you permitted into the unit, intentionally or otherwise.
TENANTS are NOT allowed:
→ To change the locking system on the door that allows entry into the unit without the Landlord’s permission.
→ Withhold rental payments.
→ Vacate the rental unit without written notice issued with the appropriate notice to the Landlord.
LANDLORDS have the RIGHT to:
→ Collect a rent deposit for the amount for one month’s rent only. This ‘deposit’ is often coined as the last month’s rent as it is meant to be applied towards the Tenant’s last month’s rental payment. The Landlord is required to pay the tenant (or hold on their behalf), interest on the deposit held every year.
→ Increase the rent in accordance with the guideline that is set by the Minister of Municipal Affairs and Housing and by providing a 90 day notice to the Tenant regarding the anticipated increase.
LANDLORDS are RESPONSIBLE for:
→ Keeping the rental property in a good state of repair by meeting health, safety and maintenance standards.
→ Conducting the repairs as required throughout the unit.
→ Providing a copy of the Tenancy Agreement to the Tenant within three weeks of its execution. If a written agreement does not exist then the Landlord is responsible for providing their legal name and address to the Tenant(s).
LANDLORDS are NOT allowed to:
→ Deliberately interfere with the supply of a vital service (hot or cold water, fuel, gas, electricity, heat), and other services as agreed upon within the Lease Agreement.
→ Remove any property from the rental unit in lieu of arrears of rent.
→ Lock the Tenant(s) out of the rental unit without an eviction order or change the locking system of the door that allows entry to the unit without the consent of the Tenant(s).
→ Demand a particular method of payment of either post-dated cheques or automatic debit; this is something that must be agreed upon by both parties.
Contact Us
If you believe your rights are being infringed, that there is a breach of your Lease Agreement, or that there is a violation of any provision of the Act by your Tenant or by your Landlord, call us to find out how we can help preserve your rights!