Residential Tenancies Act

Question 1

Purpose

Answer 1

To ensure the rights, obligations and responsibilities between landlords and tenants are clearly understood.

Balance the power between landlords and their tenants “security of tenure”

Question 2

RTA Creates two Regimes

Answer 2

1. civil (landlord tenant board) - rights between parties
2. Compliance (enforcement) - enforced under Part III POA

Question 3

Role of the Police

Answer 3

• keep the peace
• remain objective
• avoid giving legal advice
• make sure parties are safe and property is protected
• ask to see any pertinent documentation
• provide referrals
• police evidence may be required at tribunal and/or court

Question 4

Referral Process

Answer 4

• landlord and tenant board
• resolves disputes regarding rights and responsibilities
• Ministry of Municipal Affairs and Housing
  
  • investigation and enforcement unit - responsible for compliance and enforcement under the RTA
  • good idea to contact if considering charges under RTA

Question 5

Landlords Right to Enter

Answer 5

• between 8am and 8pm - if 24hrs notice given
• notice must have reason for entry, date and time
• WITH NOTICE 24 hrs written to enter for:
  
  • repair/replacement work
  • mortgagee/insurer to view
  • health, safety housing or maintenance inspection
    WITHOUT NOTICE
• on consent
• emergency
• to clean as specified in agreement
• show unit if notice of termination between 8am-8pm

Question 6

RTA Applies to

Answer 6

any living accommodation used or intended to be used as rented residential premises, including:
- mobile home
- unit in care homes
- rooming/boarding houses
- non-profit housing
- at time - motels/hotels

Question 7

Exemptions to RTA

Answer 7

• hotels - used as transient accommodation
• employment occupancy
• roommate of tenant
• nursing homes
• shared occupancy
• education institution or correctional
• short term emergency shelters

Question 8

Vital Services

Answer 8

withholding service is prohibited

Question 9

Abandonement

Answer 9

• if rent is paid and up to date = its not abandoned
• landlord can’t dispose of property if abandoned unless first obtained an ORDER from the board OR give 30 days notice to tenant and board

Question 10

Other Provisions

Answer 10

• seizing tenants property is prohibited
• lease/contract cannot supersede any provisions of RTA
• landlord may not change locks without giving tenant key
• tenant may not change locks without consent

Question 11

Steps for Lawful Eviction

Answer 11

1. Service Tenant valid “notice of termination”
2. apply to L&T Board for “eviction order” and
3. Serve tenant with the application and notice of hearing
4. obtain “eviction order” from L&T board
5. Deliver eviction order to the sheriff to enforce

Question 12

Termination Notices

Answer 12

• no notice needed if agreed b/w landlord and tenant
  Period Notice
• daily/weekly tenancy - 28 days
• monthly/yearly - 60 days

Question 13

Eviction

Answer 13

• Landlord may apply for eviction after giving notice of termination – S 69 (1)
• Landlord may apply immediately for eviction unless otherwise provided in Act – S 71
• Order enforced by Sheriff’s office – police may be called to assist
• Tenant has 72 hours following eviction by Sheriff to retrieve belongings between 0800-2000 hrs