PROV LAW: Residential Tendancies Act Flashcards
1
Q
What are your Search and Arrest Authorities for the Residential Tendancies Act ?
A
You have none
2
Q
Landloard and Tenant Board
A
Resolves disputes regarding rights and responsibilities, rent increases, evictions and privacy issues
3
Q
What is the Ministry of Municipal affairs and housing ?
A
Investigation and enforcement unit - responsible for compliance and enforcement under the RTA
4
Q
Exceptions to RTA
A
- Hotels - When used as transient accommodation
- employment occupancy
- non-profit / cooperative housing
- roommate of tenant
- nursing homes
- shared occupancy
- educational, correctional occupancy
5
Q
Landlords Right to Enter (with or without notice)
A
-
8am to 8pm only if 24 hours written notice has been given to tenant
- Notice must set out reason for the entry, date and time of entry
-
WIthout notice to show unit if
- Notice of termination was given
- Entry between 0800-2000hrs
- Makes reasonable efforts to inform
6
Q
Evictions under the act
A
- Landlord may apply for eviction after given notice of termination
- Landlord may apply immediately for eviction unless otherwise provided in act
- Order enforced by Sheriff Office
- Police may be called to assist Sheriff
- Tenant has 72 hours following the eviction by Sheriff to retrieve belongs between 0800-2000 hrs
7
Q
RTA Steps for lawful Eviction
5 Steps
A
- Serve Tenant valid “Notice of Termination”
- Apply to Landlord and Tenant board for “Eviction order”
- Serve tenant with Application and Notice of Hearing
- Obtain an “Eviction Order” from landlord and Tenant board
- Deliver order to Sheriff to enforce
8
Q
Termination Notices
A
- No notice needed if agreed between landlord and tenant
- period notice
- daily / weekly tenancy : 28 days
- Monthy / yearly : 60 days
9
Q
Abandonment
A
- Not abandoned if :
- there are no arrears of rent or
- there is no substantial evidence of abandonment
- Landlord can’t dispose of property if abandoned unless first obtained an order from the Board or give 30 days notice to tenant and to the Board
10
Q
Vital Services
A
Withholding Services is prohibited
