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law 2101 Term 2 > Residential Landlord Law - mod 16 > Flashcards

Residential Landlord Law - mod 16 Flashcards

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1
Q

Important definitions under RTA

A
  • “landlord”: owner of a rental unit or any other person who permits occupancy of a rental unit (exception: tenant who takes on a roommate - not considered a landlord)
  • “rental unit”/“residential unit”: any living accommodation used as a rented residential premises and includes room in rooming or boarding house
  • “residential complex”: building or group of buildings in which one or more residential units are located and includes all common areas, services and facilities for the use of residents
  • “tenancy agreement”: written, oral or implied agreement between a tenant and the landlord to occupy a rental unit
  • “tenant”: person who pays rent in return for the right to occupy a rental unit (exception: co-owner of residential complex
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2
Q

Application of RTA

A
  • RTA applies to rental units in residential complexes, despite any other act, agreement or waiver to the contrary (ex. Applies regardless of whether or not the tenant and landlord agreed on it)
  • limited supremacy of RTA: if RTA has a provision that conflicts with another act, the RTA provision applies (exception is the human rights code)
  • Limited supremacy of RTA: if RTA has a provision that conflicts with a provision in a tenancy agreement, the RTA provision applies (ex. RTA overrides lease, exception: use of standard form lease and mediated settlements that were mediated by the landlord and tenant board)
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3
Q

RTA applies to most residential tendencies, but there are exceptions where our RTA does not apply. Some exceptions are:

A
  • motels, hotels, inn, campground, bed-and-breakfast, vacation homes
  • farm hand lodging
  • member unit of non-profit housing co-operative
  • detention centres and penitentiaries(jail)
  • hospital, long-term care and short-term respite care
  • emergency shelters
  • most university or college residences
  • living accommodation for employee of business
  • living accommodation where occupant shares kitchen or bathroom with owner or member of owners family (EXAM)
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4
Q

Why apply to the landlord and tenant board

A
  • landlord or tenant can apply to the landlord and tenant board to determine whether the RTA or any of its provisions apply for a particular rental unit or residential complex (typically occurs if there is a dispute about whether RTA applies)
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5
Q

Landlord and tenant board (not a court but an administrative tribunal)

A
  • landlord and tenant board is the forum that hears landlord and tenant disputes under the RTA
  • monetary jurisdiction : can only hear disputes of amounts up to $35,000
  • if amount at issue is greater than $35,000 the dispute can be heard in court, Ontario Superior Court of Justice - The court can exercise any powers board could have exercised if matter was within its monetary jurisdiction
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6
Q

Dispute process at board

A
  • either a landlord or tenant can apply to the board to decide a dispute
  • process is slightly different for each
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7
Q

If a tenant applies to the board to decide a dispute

A

Tenant

  • files document called an application with the board (several different applications according to legal problems)
  • Application sets out nature of problem and requests a remedy or remedies
  • board serves landlord and tenant with document called notice of hearing and application
  • notice of hearing provides date and time of hearing to decide dispute
  • tenant may have to serve landlord with documents he she may want to use at Hearing
  • mediation of dispute offered by board on hearing date (can settle dispute before hearing)
  • hearing then order
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8
Q

If a landlord applies to the board to decide a dispute

A

Landlord

  • serves tenant with a notice to end tenancy that specifies problem and requests tenant resolves problem within a specified number of days
  • notice can also provide for termination of tenancy if tenant moves out
  • in most cases, if tenant resolves problem, the notice becomes void
  • if tenant does not resolve the problem, then landlord can file application with the board
  • Application filed must include notice
  • Board serves landlord and tenant with notice of hearing and application, which provides the date and time of hearing to decide dispute
  • landlord may have to serve tenant with documents here she may want to use at hearing
  • mediation of dispute offered by board on hearing date
  • hearing then order
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9
Q

Tenancy agreements definition

A
  • tenancy agreement = lease = rental contract = rental agreement (governs the relationship between the landlord and tenant)
  • when selecting tenants, landlords can use income information, credit checks, credit references, rental history, guarantees, etc… but landlords must not discriminate as per the human rights code
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10
Q

Human rights code

A
  • regulation under human rights code makes clear that landlord cannot refuse accommodation based on race, ancestry, place of origin, color, ethnic origin, citizenship, greed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or receipt of public assistance
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11
Q

Tenancy agreement requirements

A
  • tenancy begins on day the tenant is entitled to occupy the rental unit, whether the tenant actually occupies on that day or not (this day is important because it is when the rights and obligations begin on both part of the landlord and tenant - EXAM)
  • provision in a tenancy agreement that prohibits tenant from having a pet is void
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12
Q

When having a pet could lead to evictions, 3 ways animal can get tenant evicted:

A

EXAM

  • behaviour of animal interferes with tenants or landlords reasonable enjoyment of residential complex or
  • animal has caused landlord or tenant to suffer a serious allergic reaction or
  • species or breed of animal is inherently dangerous to safety of landlord or other tenants
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13
Q

Standard form tenancy agreement - post April 30, 2018 (new law) 1

A
  • tenancy agreement entered into on or after April 30, 2018 must use a standard form - meant to ensure consistency of terms and law across all residential tenancies in Ontario
  • tenancy agreement must be signed by the landlord and tenant on or before the date the tenant is entitled to occupy the rental unit
  • tenant can make demand to landlord, in writing, that landlord provide signed copy of tenancy agreement
  • tenant can withhold one months rent if 21 days have passed since the demand and landlord did not provide signed copy of tenancy agreement
  • tenant can also give notice to terminate the tenancy if 21 days have passed since the demand and landlord did not provide signed copy of tenancy agreement
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14
Q

Standard form tenancy agreement - post April 30, 2018 (new law) 2

A
  • tenant must pay withheld rent if landlord provides residential tenancy agreement no later than 30 days after the date the first rent payment was withheld
  • incentive for landlords to provide sign tenancy agreements to tenants in timely fashion or risk losing one months rent
  • important because tenancy agreement tells tenant legal name and contract/service details of landlord and sets up right obligations of both landlord and tenant
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15
Q

Tenancy agreements prior to April 30, 2018 (1)

A
  • prior to April 30, 2018, there was not a law requiring a standard form of tenancy agreements - tenancy agreements were oral or written - written tenancy agreements varied and often use updated language and contain unlawful or unenforceable terms
  • written tenancy agreement - it must contain the legal name and address of landlord
  • written tenancy agreement - landlord must give a copy of tenancy agreement to tenant within 21 days of tenant signing and returning agreement to landlord (different than post April 30 because tenant does not have to make a written request)
  • oral tenancy agreement - landlord must give a tenant written notice of his, her or its legal name and address within 21 days after tenancy begins
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16
Q

Tenancy agreements prior to April 30, 2018 (2)

A
  • Tenants obligation to pay rent is suspended until the landlord complies with the above, but landlord can require payment upfront withheld ones copy of tenancy agreement or information provided to tenant
  • on or after April 30, 2018, tenant must make demand to landlord for tenancy agreement, but demand is not necessary for tenancy’s prior to April 30, 2018, however, no risk of rent loss for tendencies entered prior to April 30, 2018 provided landlord complies
  • landlord must give tenant information relating to rights and responsibilities of landlord and tenants, the role of the board and how to contact the board, on or before the date the tenancy begins
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17
Q

Responsibilities of the landlord

A
  • RTA specifies several responsibilities landlords have regarding tenants, rental units and residential complexes
  • repair, vital services, reasonable enjoyment, harassment threats, locks, entry to residential unit written notice not required and entry to unit written notice required
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18
Q

Responsibilities of landlord - repair

A

Landlords are responsible for providing and maintaining a residential complex and rental unit in three ways:
- good state of repair and
- fit for habitation and
- in compliance with health, safety, housing and maintenance standards
The responsibility to repair exists even if the tenant was aware of the state of non-repair or noncompliance with a standard before entering the tenancy agreement (EXAM)

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19
Q

Responsibilities of landlord - vital services

A
  • Lennar cannot withhold a reasonable supply of any vital service (heat and hydro cannot be shut off even if tenant does not pay rent), care service or food that is the landlords obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food
  • failure or inability to pay another for the provision of vital service, care service or food does not relieve the landlord of this responsibility
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20
Q

Responsibilities of landlord - reasonable enjoyment

A
  • landlord shall not substantially interfere with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by a tenant
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21
Q

Responsibilities of landlord - harassment, threats

A
  • landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant
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22
Q

Responsibilities of landlord - locks

A
  • landlord shall not change or alter the locking system to the residential complex or rental unit without giving the tenant replacement keys
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23
Q

Responsibilities of landlord - entry to residential unit (written notice not required) EXAM

A

landlord can enter a rental unit without providing written notice to the tenant in the following situations:

  • cases of emergency
  • on consent of the tenant
  • to clean the rental unit if the tenancy agreement requires the landlord to clean
  • to show the rental unit to prospective tenants were the landlord and tenant have agreed to terminate the tenancy or one has given notice of termination to the other, but this entry must be between 8 AM and 8 PM and the landlord must make a reasonable effort to inform the tenant of the entry
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24
Q

Responsibilities of landlord - entry to residential unit (written notice required) EXAM

A

Landlord can enter rental unit with written notice to the tenant that must be given at least 24 hours before the time of entry in the following situations:
- to carry out a repair, replacement or other work in the rental unit
- to allow a potential purchaser, mortgagee or insurer to view the rental unit
- to allow an engineer or architect to make a physical inspection of rental unit
- to carry out an inspection to determine if any repairs needed as per RTA
- any other reasonable reason specified in the tenancy agreement
The written notice must state the reason for entry, the day and time of entry and entry must be between 8 AM and 8 PM

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25
Q

Tenant applications to board

A
  • tenant or former tenant can apply to the board for an order that the landlord has breached or has not fulfilled one or more of his or her responsibilities noted above and the responsibilities of landlords section
  • limitation period to file application with board, tenant application to board must be made within one year of the alleged conduct given rise to the application (no remedy after a limitation period - EXAM)
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26
Q

Types of orders for tenant applications to board (1) - repairs, maintenance standards

A

If the board determines that the landlord has breached its responsibility (repairs, maintenance, standards) under section 20, the board can make the following orders:

  • terminate the tenancy
  • abatement of rent
  • authorize repair, replacement or other work done or required to be done and order cost to be paid by landlord or tenant
  • landlord to make repair, replacement or other work within a specified period of time
  • landlord to pay tenant for reasonable costs of repair or replacement of tenants property that was damaged and other out-of-pocket expenses resulting from the landlords breach of applications under section 20
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27
Q

Types of orders for tenant applications to board (2)

A
  • Prohibit landlord from increasing rent amount charged to a new tenant until landlord has made repairs ordered by the board
  • prohibit landlord from giving existing tenant a notice of rent increase or taking a rent increase until the landlord has made repairs ordered by the board
  • any other order the board considers appropriate
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28
Q

What the board considers in determining the appropriate order for a breach

A
  • in determining the appropriate order for a breach of section 20, the board must consider whether the tenant or former tenant advised the landlord of the repair, maintenance or standard issue before making application to the board
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29
Q

Types of orders for tenant applications to board - other than repair, maintenance and standards

A

For breaches of all other landlord responsibilities other than maintenance, repair and standards the board can make the following orders:

  • order the landlord to not engage in activities contrary to his or her responsibilities
  • order the landlord to pay the tenant reasonable repair or replacement cost an out-of-pocket expenses for any tenant property that was damaged as a result of the breach of the landlords responsibilities
  • order an abatement of rent
  • order the landlord to pay an administrative fine up to $35,000 to the board
  • order the termination of the tenancy
  • any other order the board considers appropriate
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30
Q

Responsibilities of tenants

A

Cleanliness of rental unit
- tenant is responsible for ordinary cleanliness of the rental unit
Repair damage
- tenant is responsible to repair under damage to the rental unit or residential complex caused by wilful or negligent conduct of the tenant or a person permitted in residential complex by tenant (ex. If tenant has a party and a friend at the party breaks something the tenant is still responsible
Locks
- tenant cannot alter the locking system to the rental unit or residential complex without the consent of the landlord
Harassment, threats
- tenant shall not harass, obstruct, coerce, threaten or interfere with the landlord

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31
Q

Security of tenure - EXAM

A
  • A tenancy can only be terminated in accordance with the RTA section 37
    RTA allows for termination of tenancy and three situations:
  • on agreement between landlord and tenant or
  • by landlord or tenant providing the other with proper legal notice (notice to terminate) or
  • by order of the board
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32
Q

Fixed term tenancy

A
  • “fixed term tenancy”: tenancy agreement for a specified period of time (ex. 1 year lease)
  • if a tenancy agreement for a fixed term ends and it has not been renewed or terminated, it is deemed to be renewed as a monthly tenancy agreement with the same terms as expired fixed term tenancy agreement (therefore it is important to give notice to terminate to landlord if you want to move out at the end of your fixed from lease because it continues as a month-to-month tenancy otherwise)
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33
Q

Notice of termination - general (1)

A
  • landlord and tenants can terminate a tenancy by giving the other proper legal notice and such notice is required in many situations
  • The board has various forms of giving notice, depending on the situation
    The RTA requires that the notice given include the following:
  • identify the rental unit for which the notice is given and
  • State the date on which the tendency is to terminate and
  • signed by the person giving notice
34
Q

Notice of termination - general (2)

A

If the landlord gives notice of termination notice your state the reasons and details of the termination and also inform the tenant of the following:

  • if the tenant vacate the rental unit, the tenancy terminates on the date specified in the notice and
  • if the tenant does not vacate the rental unit, the landlord may apply to the board for an order terminating the tenancy and evicting the tenant and
  • if the landlord applies for an order to the board, the tenant can dispute the application
35
Q

Period of notice - monthly tenancy

A
  • monthly tenancy, commonly referred to as month-to-month tenancy, rent is usually paid on the first day of each month and there was either no fixed term lease or the fixed term lease has expired and the tenancy is deemed monthly
  • tenant can terminate a monthly tenancy by giving proper notice
  • notice to terminate monthly tenancy must be given 60 days before the termination is effective and that date must be the last day of a rental period (end of the month, ex. If you want to terminate the tenancy on April 30, notice must be given on or before February 28)
  • special rule for monthly tenancy to terminate at end of February - 60 day notice can be given on or before January 1
  • special rule for monthly tenancy to terminate at end of March - 60 day notice can be given on or before February 1
36
Q

Period of notice - fixed term tenancy

A
  • tenant can terminate a fixed term tenancy lease by giving proper legal notice
  • General rule is that a fixed term tenancy cannot be terminated, on notice, during the fixed term
  • notice to terminate a fixed term tenancy lease must be given at least 60 days for the end date of a fixed term lease and as affective on that end date
  • special rule for fixed term tenancy to terminate at end of February - 60 day notice can be given on or before January 1
  • Special rule for a fixed term tendency to terminate at end of March - 60 day notice can be given on or before February 1
37
Q

Exceptions to termination by tenant (1)

A

Tenant experienced violence or abuse

  • this is an exception to the general notice provisions described above and is a new law (2016) enacted to provide protection to tenants who are victims of violence or abuse
  • tenant can terminate a tenancy (monthly tenancy or fixed term tenancy) by giving notice to the landlord if the tenant or a child living with the tenant have experienced violence or abuse
  • tenancy can be terminated on 28 days notice and no requirement that the termination is effective at the end of the month (EXAM)
38
Q

Exceptions to termination by tenant (2)

A

The violence or abuse must have been committed by one of the following:
- spouse or former spouse of tenant
- A person who the tenant lives with or lived with in a conjugal relationship outside marriage
- A person who is or who was in a dating relationship with the tenant
- A person who lives in the rental unit and who is related to the tenant or child
Notice must include a copy of a criminal court or family court order relating to the violence or abuse, or a statement from the tenant that alleges violence or abuse and that the tenant believes he or she or the child might be a risk if they continue to reside in a rental unit

39
Q

Exceptions to termination by tenant (3)

A
  • General rule is that the landlord shall keep such notice and accompanying documentation confidential (some exceptions)
  • landlord cannot show rental unit to prospective tenants until after the tenant has vacated the rental unit (this is an exception to section 26(3) that allows a landlord to show the rental unit to prospective tenants were a notice to terminate the tenancy has been given)
  • tenant can use this notice to end his or her interest in joint tenancy (does not require all parties to tenancy as it normally would in a joint tenancy)
40
Q

Notice by landlord - end of period or term

4 situations: first three are non-fault grounds (tenant has done nothing wrong)

A
  1. Landlord requires rental unit
  2. Purchaser requires rental unit
  3. Demolition, conversion or repairs
  4. Persistent late payment of rent
41
Q

Notice by landlord - end of period or term (1. Landlord requires rental unit)

A
  • Landlord can give tenant 60 days notice of termination of tenancy, effective at the end of a rental period fixed term lease provided the landlord or certain family members, in good faith requires possession of the rental unit for a period of at least one year
  • landlord shall pay tenant one months rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives this notice
42
Q

Notice by landlord - end of period or term (2. Purchaser requires rental unit)

A
  • landlord can give tenant 60 days notice to terminate tenancy effective end of period or fixed term lease if a purchaser or certain family members of the residential complex, in good faith, requires rental unit
  • this notice can only be given if the residential complex contains three or fewer units
  • landlord shall pay tenant one months rent or offer the tenant another rental unit acceptable to the tenant if landlord gives this notice
43
Q

Notice by landlord - end of period or term (3. Demolition, conversion, repairs)

A

landlord can give tenant 120 day notice to terminate tenancy, effective at the end of a rental period or fixed term lease if the landlord intends to do one of the following
- demolish the rental unit or residential complex or
- convert it to a use other than residential or
- do repairs or renovations so extensive that vacant possession is required
Tenant is entitled to either one months rent or three months rent depending on the number of rental units in the residential complex
- once repairs are done, landlord must offer unit to tenants first if renting again

44
Q

Notice by landlord - end of period or term (bad faith notice)

A
  • A former tenant of a rental unit can apply to the board for an order if the landlord gave notice to terminate to personally possess rental unit, for purchaser to possess rental unit or because possession was required for demolition, conversion or repair and notice was given in bad faith
  • limitation period = former tenant must make this application within one year of vacating rental unit
  • Bad faith refers to situation where landlord did not require possession of the rental unit (personally, purchaser, or for demolition, conversion or repairs), but used notice to terminate the tenancy
45
Q

If board finds bad faith, the board can make the following orders:

A
  • order landlord to pay former tenant any increase in rent incurred for a one year period and any reasonable out-of-pocket moving
  • order an abatement of rent
  • order an administrative fine up to $35,000
  • any other order the board considers appropriate
46
Q

Notice by landlord - end of period or term (4. Persistent late payment of rent)

A
  • The above are situations where landlord can terminate the tenancy without any fault or wrongful conduct by the tenant
  • landlord can serve tenant with notice of termination at the end of period or fixed term lease if the tenant has persistently failed to pay rent when rent is due
47
Q

Notice by landlord - before end of period of term - fault grounds

A
  • these are situations in which a landlord can seek to evict a tenant before the expiry of a period or fixed term lease
  • These situations involve a fault element on behalf of the tenant
  • many of these notices have a remedy period which makes the notice void if the tenant corrects the reason for notice: if landlord has cause to serve another notice of termination within six months of the first notice, there’s no remedy period for the second notice of termination
48
Q

Notice by landlord - before end of period of term - fault grounds (1. Non-payment of rent)

A
  • landlord can serve tenant with notice of termination of tenancy if the tenant does not pay rent when due
  • notice becomes void if tenant pays rent owing before landlord applies to board for order terminating the tenancy and evicting the tenant (remedy period)
49
Q

Notice by landlord - before end of period of term - fault grounds (2. Illegal act) EXAM

A

Landlord can give tenant notice of termination if the tenant or another occupant of the rental unit does one of the following:
- commits an illegal act in the rental unit or residential complex (stairwell)
- carries on an illegal trade, business or occupation in the rental unit or residential complex
- permits a person to commit an illegal act or carry on an illegal trade, business or occupation in the rental unit or residential complex
(10 day notice period if illegality related to illegal drug and 20 day for all other illegalities)
No remedy period for this type of notice

50
Q

Notice by landlord - before end of period of term - fault grounds (3. Damage)

A

Generally used for negligent actions

  • landlord can serve notice of termination if the tenant or a person who the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or residential complex
  • Seven day remedy period if tenant repairs or pays landlord for repairs within seven days of receiving notice, the notice then becomes void
51
Q

Notice by landlord - before end of period of term - fault grounds (3. Damage - shorter notice period)

A

Willfully caused damage (more serious)
Landlord can serve tenant with notice of termination if the tenant or a person whom the tenant permits in the residential complex does one of the following:
- wilfully causes undue damage to the residential unit or complex or
- uses the rental unit or residential complex for use other than residential and that use causes or can reasonably be expected to cause damage
- no remedy for this type of notice

52
Q

Notice by landlord - before end of period of term - fault grounds (4. Interference with reasonable enjoyment)

A

Landlord can serve tenant with notice of termination if the tenant or a person whom the tenant permits in the residential complex either:

  • substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant, or
  • substantially interferes with another lawful right, privilege or interest of the landlord or another tenant
  • seven day remedy period where notice becomes void if problem remedied, but there’s no remedy period if the residential complex has three or fewer units
  • this notice is used by landlords to address problems between separate tenants
  • if landlord fails to address problems, then tenant can apply to the board for an order that the landlords failure to address a problem with that the tenant has substantially interfered with that tenants reasonable enjoyment (this is important because RTA does not directly address problems between tenants, it addresses problems between tenants and landlords)
53
Q

Notice by landlord - before end of period of term - fault grounds (5. Safety)

A
  • landlord can serve notice of termination on tenant if an act or omission of a tenant or a person whom the tenant permits in the residential complex seriously impairs the safety of another person
  • no remedy period for this type of notice
54
Q

Notice by landlord - before end of period of term - fault grounds (6. Overcrowding rental unit)

A
  • landlord can serve tenant with notice of termination if the number of persons occupying a rental unit on a continuing basis results in violation of health, safety or housing standards
  • London has a by-law that states that there must not be more than one person per 100 ft.² of floor spacing residing in a rental unit
  • Seven day remedy period where if tenant remedies problem, the notice becomes void
55
Q

Application to board by landlord - notice given

A
  • landlord can apply to board for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy
  • other than an application based on the tenants nonpayment of rent, the application must be made within 30 days of the termination date specified in the notice
  • in an application for nonpayment of rent situation the tenant can discontinue the application or make the eviction void if the tenant pays the rent owing, the landlords cost of the application before the eviction order is enforced
  • Landlord cannot apply to board for an order terminating a tenancy and evicting the tenant based on a notice of termination for willful or negligent damage, interference with reasonable enjoyment or overcrowding until the seven day remedy period expires
56
Q

Application to board by landlord - no notice given

A

There are a few instances where landlord can apply to the board terminating the tenancy and evicting a tenant without giving a notice of termination to the tenant:

  • landlord and tenant entered agreement to terminate the tenancy
  • tenant has given landlord notice of termination of tenancy
  • breach of a mediated settlement at Board
  • tenant has abandoned the rental unit
57
Q

Eviction orders

A

Eviction order cannot be effective earlier than the termination date set out in the notice of termination (exception to this is if notice and application based on tenants wilful damage or damage caused by non-residential use)

  • EXAM: eviction order expires six months after the date it takes effect if it is not filed within those six months with the sheriff
  • board has the power to refused to grant eviction order and the power to order the enforcement of the eviction order to be postponed for a period of time
58
Q

The following are circumstances where the board must refuse to grant eviction order:

A
  • landlord is in serious breach of the landlords responsibilities
  • landlord is seeking to evict tenet because tenant has complained to government authority about health, safety, housing or maintenance standards
  • landlord is seeking to evict tenant because tenant has attempted to secure or enforce his or her legal rights
  • landlord is seeking to evict tenant because the tenant is a member of the tenants’ association or is attempting to organize such an association
  • Landlord is seeking to evict tenant because rental unit is occupied by children
59
Q

Eviction orders - COVID

A
  • COVID-19 and nonpayment of rent - if arrears of rent after March 17, 2020, the board must consider whether the landlord has attempted to negotiate an agreement with the tenant when deciding whether to refuse to evict or to postpone eviction
60
Q

Compensation for landlord

A
  • landlord is entitled to compensation for the use and occupation of the rental unit by a tenant who does not vacate the unit after his or her tenancy is terminated by order, notice or agreement
  • landlord can apply to board for order for arrears of rent if the tenant has not paid rent and tenant is in possession of rental unit (tenant cannot have vacated the unit)
  • New law proclaimed: landlord will be able to make up of application no later than one year after the tenant or former tenant ceased to be in possession of the rental unit
  • Board can apply the rent deposit and interest owing to the tenant from the rent deposit to any compensation owed to the landlord
  • landlord can apply to board for order for reasonable cost of repairs or replacement of damaged property if the tenant is still in possession of the rental unit
  • new law yet proclaimed: landlord can apply to board for orders for cost of tenants failure to pay utility costs the tenant is required to pay under the tenancy agreement
61
Q

Subletting (1)

A

RTA defines subletting as:

  • The tenant vacates the rental unit and
  • The tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenants term or period and
  • The tenant has the right to resume occupancy of the rental unit after that specified date
62
Q

Subletting (2)

A
  • tenant can sublet a rental unit to another person with the consent of the landlord
  • landlord must not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant
  • landlord can only charge tenant for the landlords reasonable out-of-pocket expenses incurred in giving consent to a subletting
63
Q

Consequences of subletting:

A
  • tenant remains entitled to the benefits and is liable to the landlord for the breaches of the tenants obligations under the Tenancy agreement or the RTA
  • subtenant is entitled to benefits and is liable to the tenant for breaches of the sub tenants obligations under the subletting agreement of the RTA
64
Q

Subletting (3)

A
  • tenant can apply to board for an order that the landlord has arbitrarily or unreasonably withheld consent to the sublet of a rental unit to a potential subtenant (Application must be made within one year after the day of the alleged withholding of consent)
    If board determines landlord arbitrarily or unreasonably withheld consent, the board can order the following:
  • authorize the sublet or
  • authorize another sublet proposed by the tenant or
  • terminate the tenancy or
  • abatement of tenant or former tenants rent
    (Board can also establish the terms and conditions of the sublet)
65
Q

Subletting (4) tenant can act as a landlord

A
  • tenant who sublets rental unit to a subtenant has many of the same rights and remedies for notices and applications as a landlord
  • if a tenant sublets without seeking consent of the landlord, the landlord can apply to the board for an order terminating the tenancy and evicting the tenant and the subtenant (landlord must make application within 60 days of discovering the unauthorized occupancy)
  • tenant cannot charge subtenant more in rent than the amount the tenant pays to the landlord
66
Q

Assignment - tenant does not plan to return

A
  • tenant can assign a rental unit to another person with the consent of the landlord
  • landlord cannot arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee
  • if the landlord consents to the assignment, the assignee replaces the tenant under the same terms and conditions in the tenancy agreement
67
Q

A tenant can give the landlord a notice of termination of the tenancy within 30 days after request a is made if:

A
  • The landlord refuses to consent to an assignment of the rental unit of
  • The landlord does not respond within seven days after request is made to assign the rental unit or
  • The landlord refuses consent to an assignment of the rental unit to a potential assignee, or
  • The landlord does not respond within seven days after request is made to assign a rental unit to a potential assignee
68
Q

Assignment - if a board determines landlord arbitrarily or unreasonably withheld consent, the board can order the following:

A
  • authorize the assignment or
  • authorize another assignment proposed by the tenant or
  • terminate the tenancy or
  • abatement of the tenant or former tenants rent
69
Q

Rent deposit/security deposit

A
  • The only security deposit a landlord can collect from a tenant is a rent deposit, commonly known as last months rent in phrase “first and last months rent”
  • EXAM: landlord can require the payment of a rent deposit, but must do so on or before entering into the tenancy agreement
  • amount of rent deposit for tenancy where rent is paid monthly cannot be more than one months rent
  • landlord must apply rent deposit to last months rent
  • landlord can require a top up a rent deposit if there is an increase in rent
70
Q

Rent deposit/security deposit (guideline amount)

A

Landlord must pay tenant interest earned on the rent deposit each year based on an interest rate determined by the consumer price index for Ontario called the guideline amount

  • guideline amount cannot be more than 2.5%
  • rate for 2020 is 2.2%, 1.8% for 2019
  • New law (oct 1, 2020) guideline amount for 2021 is 0% because rent increases are not allowed in 2021
71
Q

Rent deposit/security deposit - if landlord fails to make payment of interest on rent deposit to tenant:

A
  • the tenant can deduct the amount owing from a subsequent rent payment (must inform landlord)
  • landlord must re-pay rent deposit to tenant if vacant possession of rental unit is not given to tenant
  • landlord must provide tenant with receipts for rent, rent deposit or any other payment to landlord without a fee for the receipt and the landlord must comply with request for up to one year after the tenants has terminated
72
Q

Rent - illegal charges

A

O. Reg. 516/06 under the RTA allows the landlord to charge for the following:
- Direct cost of replacement keys, remote entry devices, cards, requested by tenant
- refundable deposit for key, remote entry device, card, not greater than replacement cost
- NSF charge, charge by financial institution to landlord
- administrative charge no greater than $20 for NSF cheque
- no more than $250 for tenants request to transfer to another rental unit within rental complex
(Most other charges are not allowed)

73
Q

General rent rules

A
  • landlord cannot charge rent greater than lawful rent determined under RTA
  • lawful rent for a new tenant is the rent first charged to the tenant
  • landlord can only increase rent in accordance with the RTA
  • landlord cannot require a tenant to make rent payments by automatic debit, charging of credit, post-dates cheques
74
Q

Rent increases

A
  • landlord can only increase rent once per year

- must give 90 days written notice

75
Q

Rent increases, 2021

A
  • Government of Ontario passed a new law on October 1, 2020, freezing rents/prohibiting most rent increases for 2021 (“rent freeze period”)
  • This was done in response to economic hardships resulting from the Covid pandemic
76
Q

Rent increases - existing rental units as of November 15, 2018

A

General rule is that landlord can only increase rent once per year in accordance with a guideline amount
- guideline amount is determined by consumer price index for Ontario
- guideline amount for 2020 is 2.2%
- guideline amount cannot be more than 2.5% (0% for 2021)
this guideline amount for yearly rent increase is the same amount allowed for interest on rent deposit

77
Q

Exceptions to rent increases of existing rental units as of November 15, 2018

A

it is possible for a landlord to seek an increase in rent above the guideline amount in certain scenarios, this may occur when:
- The landlord makes a capital expenditure (improvement to rent,a unit or complex)
- or the landlord provides a new additional service
Landlord can also apply to the board for an increase in rent above the guideline amount if they experience one or more of the following:
- extraordinary increase in municipal taxes and charges
- eligible capital expenditures
- security services for rental complex

78
Q

Rent increases - New build rental units after November 15, 2018

A
  • New law was passed in 2018
  • landlords are not bound by guideline amount for rent increases for any newly built rental unit as of November 15, 2018 or existing rental unit in a building that was not previously used for residential purposes as of November 15, 2018
  • no limit to rent increase in the circumstances - market is supposed to control the rent
  • law was passed to encourage construction of new rental properties
79
Q

Offences under RTA

A
  • RTA sets out a number of offences that can be investigated and prosecuted in court (not the Board)
  • many offences are linked to the rights and obligations of landlords and tenants that can give rise to an application to the board (e.g., unlawful entry, interference with tenants reasonable enjoyment)
  • if found guilty in court, the court can order a fine up to $50,000 for an individual a $250,000 for a corporation
80
Q

Offences under RTA - when charges must be laid

A
  • charge must be laid within two years of offending conduct
  • this is different from the limitation period in which a tenant has to file application with the board to seek an order - 1 year to file an application from the date of wrongful conduct
  • to start an investigation that may result in a charge must contact the rental housing enforcement unit

law 2101 Term 2 (10 decks)

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