Residential Law Flashcards
Application of RTA
Limited supremacy
RTA applies to rental units in residential complexes and overrides any other act/waiver to the contrary
RTA trumps all conflicting acts, except for Human Rights Code, Standard Form Lease, and mediated settlements by landlord & tenant
L or T can apply to Landlord & Tenant Board to determine whether RTA applies or not
Exceptions to RTA (9)
Hotels/motels/inns Farm hand lodging Non profit housing cooperative Detention centres and penitentiaries Hospitals/care homes Emergency shelters University residences Living accommodations for business employees Living accommodations where occupant share kitchen/bathroom with owner/member of owner's family
Landlord & Tenant Board
Administrative tribunal that hears L/T disputes under RTA
Can handle disputes up to $35k, then it goes to Ontario Superior Court of Justice
Dispute process
Tenant: files application outlining problem and demand, Board serves parties with Notice of Hearing, mediation, if mediation unsuccessful then move to hearing and order
Landlord: Notice to End Tenancy, if tenant meets resolution conditions then problem is over, otherwise L applies to Board (rest is the same)
Tenancy agreement
- selection
- beginning date
- pets
When selecting tenants, L can use income info, credit checks, rental history, etc but cannot discriminate
Tenancy begins on day tenant is entitled to occupy unit
Agreement can’t prohibit pets, but pet behaviour can lead to eviction (interferes with reasonable enjoyment, severe allergic reaction, or is dangerous)
Standard Form Tenancy Agreement
All agreements after April 30 2018 must use standard form across Ontario
Must be signed by L and T before beginning date
Tenant can make written demand to L to provide signed copy of agreement, if 21 days have passed and demand is not met T can withhold 1 month rent or give notice to terminate
Agreement must contain legal name and address of L
Landlord responsibility - repair
Responsible for maintaining complex such that it is in good state, is fit for habitation, and complies with safety/health standards
Responsibility to repair exists even if tenant was aware of state of non repair before entering agreement
Landlord responsibility - vital services
L can’t withhold reasonable supply of vital services that they are obligated to supply under agreement, or interfere with supply of it
T’s inability to pay for supply doesn’t matter
Landlord responsibility - entry to unit
L can enter unit without written notice in emergency, with T consent, to clear unit if agreement stipulates cleaning, to show unit to prospective tenants (certain conditions)
L can enter unit with written notice to carry out repairs, allow purchase/insurer/engineer to view unit, to inspect for repairs, or any other reason in agreement
Landlord responsibilities (6)
Repair Vital services Reasonably enjoyment Harassment Locks Entry to residential unit
Tenant applications to board
T can apply to Board for order that L hasn’t fulfilled agreement up to 1 year after issue
Remedies for landlord breach of responsibilities wrt repair/maintenance (6)
Termination Abatement of rent Authorizing work, paid by T or L L make repairs within specific period L pay T for costs due to breach Prohibit L from increasing rent until repairs are made
Will consider whether T informed L of problem before application
Remedies for landlord breach of responsibilities (general) (5)
L prohibited from such acts
L pay T for damages for breach
L to pay penalty up to $35k
Termination
Tenant responsibilities (4)
Cleanliness of unit
Repair damage for wilful/negligent conduct of them or their visitors
Locks
Harassment
Security of tenure
Fixed term tenancy
RTA allows for termination by agreement between L and T, provision of Notice to Terminate by one party, or by Board order
When fixed term tenancy ends and it hasn’t been renewed or terminated, it turns into monthly tenancy with same terms
Notice of termination
Under RTA, notice must identify unit, termination date, and signature
Notice from L must state that L can apply to board for forced termination and eviction, tenant can dispute application
Period of notice for monthly tenancy
Must be given 60 days before termination is to be effective, that date must be last day of the month
Period of notice for fixed term tenancy
Generally can’t be terminated during term
60 day notice to terminate otherwise it will convert to monthly
Notice of termination by tenant
Tenant can terminate tenancy with notice if they or their child has been abused
28 day notice, no last day of month requirement
Abuse must have been committed by tenant’s partner or relative living with tenant/child
Notice must include court order wrt abuse or a statement from tenant, L should keep this confidential
L can’t show unit to prospective tenants until abused tenant has moved out
Reasons for notice of termination by landlord at end of period (5)
Landlord requires unit Purchaser requires unit Demolition/conversion/repairs Bad faith notice Persistent late payment of rent by tenant
Landlord requires rental unit
Required that they or family member needs unit to live in for minimum 1 year
60 day notice at end of period
Must pay tenant 1 month rent or find suitable alternative
Purchaser requires rental unit
Only applicable if complex has fewer than 3 units, other conditions same as if L requires unit
Demolition/conversion/repairs
120 day notice
T gets 1 or 3 months rent depending on number of units in complex
L must offer T another unit or give T fight of first refusal for the initial unit after repairs
Bad faith notice
T can apply to board within 1 year of vacating unit if L gave notice to terminate in bad faith
Board can order
- L pay T for any rent increase in that 1 year and other expenses incurred
- abatement of rent
- administrative fee up to $35k
Persistent late payment of rent by tenant
60 days notice
Notice of termination by landlord before end of period (6)
Involve fault element by T Most notices have remedy period that makes notice void if T addresses problem, if L has to serve another notice within 6 months then there is no remedy period Nonpayment of rent Illegal act by T or with their permission Damages by T or their visitor Interference with reasonable enjoyment Safety Overcrowding of unit
Nonpayment of rent
14 day notice for monthly or fixed tenancies
Remedy period is from notice date to when L applies to Board to terminate and evict
Illegal act
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If tenant performs illegal act or permits person to commit illegal act
10 day notice if related to drugs, 20 days for other acts
No remedy period
Damage
With 7 day remedy period: if tenant or their visitor wilfully/negligently causes damage, 20 day notice
Without remedy period: if tenant or their visitor causes damages, or uses unit for non residential use and such use could be harmful, 10 day notice
Interference with reasonable enjoyment
Interferes with reasonably enjoyment for usual purposes of other parties, or within lawful interests of other parties
20 day notice and 7 day remedy period
Can be used by landlords to address problems between tenants
Safety
If act or omission by tenant or their visitor seriously impairs another’s safety
10 day notice period, no remedy period
Overcrowding
If regular number of occupants violate health/safety standards
20 day notice, 7 day remedy period
When landlord can apply to board after giving notice
Can apply for termination and eviction, must be within 30 days of notice’s termination date
Exception is non payment of rent, T can void application if they pay
For damage, interference with reasonably enjoyment and overcrowding L must wait until 7 day remedy period has expired
When landlord can apply to board without giving notice
If L and T have agreed to terminate tenancy, or T gives L notice of termination
If there is a breach of Board mediated settlement
If T has abandoned unit
Eviction orders
- when it is effective
- when it expires
Eviction order cannot be effective earlier than notice’s date of termination, exception is if notice and application is based on damages (no remedy period version)
Eviction order expires 6 months after issuance if not filed/enforced with sheriff’s office
When Board can refuse landlord’s eviction application (5)
If L seriously breached responsibilities
If they want to evict because they have complained about health/safety violations
If they want to evict T because T has tried to enforce their rights
If they want to evict because T is in tenant’s association
If they want to evict T because there are children in the unit
Compensation for landlord
Can apply for compensation within 1 year of T vacating unit
L is entitled to compensation if T does not vacate unit after tenancy ends
L can apply to board for order for arrears of rent if T isn’t paying rent after further occupying unit
L can apply to board for expenses incurred by T interfering with L’s reasonable enjoyment, or failure to pay utility
Subletting
- definition
- landlord’s involvement in subletting
Tenant vacates rental unit and gives others the right to occupy it for a specific term with the right to resume unit occupancy after term ends
Must contain consent of L, but L can’t arbitrarily withhold consent
L can charge T for reasonable expenses incurred in giving consent
T is still liable to L for breaches in tenancy agreement
Board applications wrt subletting Board remedies (4)
T can apply to board within 1 year if they think L has arbitrarily withheld consent
Board can order
- authorization of sublet
- termination of tenancy
- abatement of rent
- specific sublet terms
If T sublets without consent, L can apply to board within 60 days for termination and eviction
Assignment
Assignee replaces T in tenancy agreement and is liable to L for breach of obligations
T must get consent of L, L can’t arbitrarily withhold consent
T can give L notice of termination after assignment request is made if L refuses to consent or doesn’t respond for 7 days after request
Rules about landlord’s consent expenses, board application and remedies and assignment without consent all apply
Security deposit
Amount must be agreed upon before entering agreement and cannot be more than one month’s rent
L must apply deposit to last month’s rent and can require deposit top up if rent increases
L must pay T interest earned on deposit, up to Guideline amount of 2.5%
L must repay deposit if possession of unit isn’t given to T
What L is allowed to charge for (3)
Cost of replacement for entry devices requested by T
NSF charge from bank
T’s request to transfer units, but no more than $250
Rent increases
L can only increase rent once a year by Guideline amount, max 2.5% (no longer applicable past Nov 2018)
Exception is when L makes capital expenditure or provides new service, can apply to board to make greater rent increases in special circumstances
L must give T 90 days written notice for increase otherwise increase is void
T can apply to board for rent decrease within 1 year if there is reduction in services
Landlord offenses under RTA, in civil court
If L is guilty, court can order max fine of $50k for individual or $250k for corporation
Charges must be brought forward within 2 years
T should contact Rental Housing Enforcement Unit to start investigation
