Tenant and Landlord

The Residential Tenancies Act applies to all Landlords and Tenants within Ontario. This includes all types of rental housing, ranging from high-rise apartments to family homes. We will handle your entire matter from start to finish, appearing in court on your behalf.

 

Some Tips for Landlords

Get a consultation from a lawyer or paralegal first

If you want to serve your tenants a notice, get a consultation from a lawyer or paralegal first. A lot of case are tossed out at the Landlord and Tenant Board because the landlord made one, tiny mistake on the notice for that they served to the tenant.

Some advice to new LLs

Here’s Some advice to new LLs or prospective LLs:
1. The learning curve for LLs is steep. LLs should choose TTs VERY CAREFULLY, checking the authenticity of every document given thoroughly, calling references and taking the time needed to determine if the TT is a good fit.
2. Check an Ontario Driver’s License here https://www.dlc.rus.mto.gov.on.ca/dlc/…
How to interpret an Ontario Driver’s License:
• The picture should match the person in front of you of course.
• The last 6 digits of a driver’s license are the Y-YMMDD of the birthday.
• The MM of a female licence is 50 higher. So a man born on Jan. 1 is 0101 a female is 5101.
• The first letter of a driver’s licence is the same as the first letter of the last name.
• The year month and date of birth are under the photo.
• Drivers under 19 have an extra line that says when they turn 19.
3. Check TTs names, their previous addresses and LL names SEPARATELY on canlii.org- this will help a LL screen out TTs that have a prior history of LTB hearings and eviction orders – although the canlii.org database is not conclusive or up to date, it takes 5 minutes to check names, and addresses
4. One of the common problems with two family homes is that noise penetrates from one unit to the other and then the complaints start or the temperatures are hard to manage (too hot/too cold). LL should ensure he/she has met and surpassed the insulation requirements and sound barriers between the units.
5. Know that the LL absolutely cannot control how many people are going to be living in the units once the keys are handed over . TTs will have the legal right to have short or long term paying or non-paying guests for as long as they like WITHOUT LL permission.
6. Advisable to make utilities extra (do not make rent inclusive) and apportion them according to the RTA by the sq ft of the units or if the units are similar in size, divide the utilities equally 50% each.
7. Parking – if it makes sense, LL should designate a number to the parking spots so there is no disagreement on who gets what spot. i.e. Upper unit – Parking #1, Lower Unit – Parking #2
8. Any amenity a LL offers from Day 1 cannot be taken away unless the LL offers a rent abatement i.e. internet, backyard, garage, storage shed, laundry, etc.
9. Strongly recommend a LL makes a one time purchase of OSL addenda written by paralegals and lawyers that protect LLs above and beyond the standard lease.
In no particular order: Harry Fine, Paralegal
LPMA London Property Management Association
9. Recommend LL make TT liability insurance MANDATORY in the OSL and must receive a copy as proof of it BEFORE keys are handed over. If insurance is required, and the TTs do not have it or cancel it, this is a legal reason to file an application for eviction.
10. Review the Residential Tenancies Act thoroughly.
12. Tenants have security of tenure in Ontario. Once a LL hands over keys, the TT cannot be evicted except by order of the Landlord and Tenant Board (LTB) and for a legal reason. https://ontariolandlordandtenantlaw.blogspot.com/…/what…
13. Understanding the framework of where and how to resolve issues when they happen in the LL/TT relationship is important. Know that the LTB is the tribunal that all claims go through from both LLs and TTs and that the scheduling at the moment is about 6 months plus to get a hearing and then another month or more to get the actual written order from the LTB Member. So if things go bad, you need to have a minimum of the equivalent of a year’s worth of financial resources (in rental income) to avoid having to borrow money or extend financing. https://tribunalsontario.ca/ltb/help-for-landlords/
14. Rent increases for properties occupied as residential ON OR AFTER Nov 15 2018 are NOT rent controlled which means the LL can increase rent above the provincial guidelines every 12 months using the N2 and 90 days notice https://tribunalsontario.ca/…/N2%20instructions_final…
15. Rent increases for properties occupied as residential BEFORE Nov 15 208 ARE RENT CONTROLLED and can be increased using the N1 with 90 days notice once every 12 months. The annual max rent increase allowed is determined by the provincial government. https://tribunalsontario.ca/…/N1%20instructions_final…

credit check

A credit check, while important, is not always a definitive picture as to a tenant’s finances. Some may have a large balance on their cards that they are working to bring down, or a similar situation that impacts their score. My tenants have a terrible score but have never missed a payment. Some people just need help, don’t forget to be human. That’s the part too many of the slumlords in this group forget.

We Practice law in these Area

Landlord Issues

ATTENTION

ATTENTION

in some cases, other laws and regulations must be applied

Landlord-Tenant Law in Ontario Overview

Landlords and tenants have certain rights and responsibilities under the Ontario landlord-tenant law. Whether you’re a property landlord or a renter, understanding these laws can help you avoid common misunderstandings and confusion.

Most Important matter in tenancy

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.

Ontario Lease or Rental Agreements

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.

Eviction Rules

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.

Rent Withholding

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.

Small Claims Courts