Residential Law

Question 1

Application of RTA

Limited supremacy

Answer 1

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

Question 2

Exceptions to RTA (9)

Answer 2

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

Question 3

Landlord & Tenant Board

Answer 3

Administrative tribunal that hears L/T disputes under RTA

Can handle disputes up to $35k, then it goes to Ontario Superior Court of Justice

Question 4

Dispute process

Answer 4

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)

Question 5

Tenancy agreement

• selection
• beginning date
• pets

Answer 5

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)

Question 6

Standard Form Tenancy Agreement

Answer 6

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

Question 7

Landlord responsibility - repair

Answer 7

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

Question 8

Landlord responsibility - vital services

Answer 8

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

Question 9

Landlord responsibility - entry to unit

Answer 9

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

Question 10

Landlord responsibilities (6)

Answer 10

Repair
Vital services
Reasonably enjoyment
Harassment
Locks
Entry to residential unit

Question 11

Tenant applications to board

Answer 11

T can apply to Board for order that L hasn’t fulfilled agreement up to 1 year after issue

Question 12

Remedies for landlord breach of responsibilities wrt repair/maintenance (6)

Answer 12

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

Question 13

Remedies for landlord breach of responsibilities (general) (5)

Answer 13

L prohibited from such acts
L pay T for damages for breach
L to pay penalty up to $35k
Termination

Question 14

Tenant responsibilities (4)

Answer 14

Cleanliness of unit
Repair damage for wilful/negligent conduct of them or their visitors
Locks
Harassment

Question 15

Security of tenure

Fixed term tenancy

Answer 15

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

Question 16

Notice of termination

Answer 16

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

Question 17

Period of notice for monthly tenancy

Answer 17

Must be given 60 days before termination is to be effective, that date must be last day of the month

Question 18

Period of notice for fixed term tenancy

Answer 18

Generally can’t be terminated during term

60 day notice to terminate otherwise it will convert to monthly

Question 19

Notice of termination by tenant

Answer 19

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

Question 20

Reasons for notice of termination by landlord at end of period (5)

Answer 20

Landlord requires unit
Purchaser requires unit
Demolition/conversion/repairs
Bad faith notice
Persistent late payment of rent by tenant

Question 21

Landlord requires rental unit

Answer 21

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

Question 22

Purchaser requires rental unit

Answer 22

Only applicable if complex has fewer than 3 units, other conditions same as if L requires unit

Question 23

Demolition/conversion/repairs

Answer 23

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

Question 24

Bad faith notice

Answer 24

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

Question 25

Persistent late payment of rent by tenant

Answer 25

60 days notice

Question 26

Notice of termination by landlord before end of period (6)

Answer 26

``` 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 ```

Question 27

Nonpayment of rent

Answer 27

14 day notice for monthly or fixed tenancies | Remedy period is from notice date to when L applies to Board to terminate and evict

Question 28

Illegal act

Answer 28

s61 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

Question 29

Damage

Answer 29

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

Question 30

Interference with reasonable enjoyment

Answer 30

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

Question 31

Safety

Answer 31

If act or omission by tenant or their visitor seriously impairs another's safety 10 day notice period, no remedy period

Question 32

Overcrowding

Answer 32

If regular number of occupants violate health/safety standards 20 day notice, 7 day remedy period

Question 33

When landlord can apply to board after giving notice

Answer 33

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

Question 34

When landlord can apply to board without giving notice

Answer 34

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

Question 35

Eviction orders - when it is effective - when it expires

Answer 35

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

Question 36

When Board can refuse landlord's eviction application (5)

Answer 36

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

Question 37

Compensation for landlord

Answer 37

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

Question 38

Subletting - definition - landlord's involvement in subletting

Answer 38

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

Question 39

``` Board applications wrt subletting Board remedies (4) ```

Answer 39

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

Question 40

Assignment

Answer 40

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

Question 41

Security deposit

Answer 41

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

Question 42

What L is allowed to charge for (3)

Answer 42

Cost of replacement for entry devices requested by T NSF charge from bank T's request to transfer units, but no more than $250

Question 43

Rent increases

Answer 43

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

Question 44

Landlord offenses under RTA, in civil court

Answer 44

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