Landlord-Tenant Law in Ontario Overview
Landlord-Tenant Law in Ontario Overview
The Residential Tenancies Act (RTA) is a Tenancy law in Ontario and it defines landlords and tenants are and sets rules around their rights and responsibilities, tenancy agreements, repairs and maintenance, eviction and tenancy termination, rent and utility costs, care homes, mobile home parks and land lease communities.
Landlord-Tenant Law in Ontario Overview
what a tenancy lawyer paralegal can advise about it?
The Residential Tenancies Act (RTA) is a law that defines who landlords and tenants are and sets rules around their rights and responsibilities, tenancy agreements, repairs and maintenance, eviction and tenancy termination, rent and utility costs
Rent Increase Limits
When it comes to rent increases, the amount and frequency must conform to rent increase guidelines. These guidelines apply to most tenants living in rented homes, condos, and apartments.
- Exceptions do exist, however. In some instances, you can apply to the Landlord and Tenant Board for approval to raise the rent. Also, buildings built after November 15th, 2018 are exempt from these guidelines.
- Generally speaking, though, landlords can carry out a rent increase once per year, and a landlord must give their tenants ninety days’ notice in writing.
- and maximum of rent increase would be %2.5
Landlords, according to the Ontario Tenant Act, must use the standard lease template. It must be written in language that is easy to understand and include important information such as:
- The amount of rent and when it is due.
- A section on what the rent includes. For example, parking, heating, or air conditioning.
- Important rules, for example: whether subletting, smoking in or altering the rental unit is allowed or not.
- The rights and responsibilities of each party to the lease.
- When and for what reason the landlord can seek to enter the tenant’s premises.
- The amount of the rent deposit and the time within which the tenant must move in.
The standard lease, however, doesn’t apply to certain homes: for instance, sites in land lease communities and mobile home parks, care homes, co-operative housing, and most social and supportive housing.
During an eviction, the landlord must follow the right process. For example, serving the tenant a written notice of termination as specified by the Landlord and Tenant Board. The form must state the reason for the eviction, such as non payment of rent.
And even so, the landlord must first get an order to terminate the lease from the Board.
If the landlord wants to use the rental unit for themselves, then they must give the tenant payment that is equal to one month’s rent. The landlord may also choose to offer an alternative unit.
Tenants aren’t permitted to withhold paying rent when repairs or renovations are needed. Rather, any reparation disputes with their landlords must be taken up with the Board.
Rent Withholding
according to landlord-Tenant law; Tenants aren’t permitted to withhold paying tenancy rent when repairs or renovations are needed. Rather, any reparation disputes with their landlords must be taken up with the Board. and taking an advise from tenancy lawyer or paralegal before that could help you win the case and save your money and time!
Jurisdiction of Small Claims (LTB Claims)
LTB has jurisdiction over all tenancy issues; however, as soon as tenancy terminates for some matters, you must go to other boards or tribunals, such as the small claim court. for example, when the tenant was vacant, abandoned the promisee, or after termination, the tenant owes you money yet.
In small claims court, you can sue for money or the return of personal property valued at $35,000 or less, not including interest and costs.
Small claims court handle disputes involving the recovery or payment or money and personal property under $35,000. at RioLaw® lawyers and paralegals work with clients in the Greater Toronto Area, especially Richmond Hill, Vaughan, Markham, North York, Aurora, and Newmarket, to file and defend small claims actions related to property damage, money owed, breach of contract, and more. Just because small claims court might seem like a minor issue, it doesn’t mean that you should enter one unprepared. We will defend your interests, and we will make sure that you get a fair hearing.
To sue a person or business in small claims court, your lawsuit, called a claim, must fall into one of the two following categories:
1. Claims for money owed under an agreement, such as,
unpaid accounts for goods or services sold and delivered
unpaid loans
unpaid rent
NSF (non-sufficient funds) cheques
2. Claims for damages, such as,
property damage
clothes damaged by a dry cleaner
personal injuries
breach of contract
If you want to sue for more than $35,000, you will have to take your case to the Superior Court of Justice
also remember that
- The landlord has a limitation period of 2-years from the date of the incident to file a claim in Small Claims Court.
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