Print Download .. 1 The purposes of this Act are to provide protection for residential tenants from unlawful rent increases and and to provide for the adjudication of disputes and for other processes to informally resolve disputes. , c. The Residential Tenancies Act, (RTA) was proclaimed and helps landlords and promotes investment in Ontario's rental housing market. co-operative housing (see Part A of General Information). Residential tenancies in Ontario are governed by the Residential Tenancies Act, This agreement .
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Residential Tenancies Act, RTA, the Residential Tenancy Act is the Ontario Landlord and Tenant law covering renters. RESIDENTIAL TENANCIES. The Residential Tenancies Act, (the “Act”) became law on January 31, and governs residential tenancies in Ontario. You can download the current form from the Board's website by following this link . RESIDENTIAL TENANCIES, The. Residential Tenancies. Act, being. Chapter R* of The Statutes of Saskatchewan,
Rent can be increased once every 12 months provided that the landlord has given the tenant written notice of the increase at least 90 days before the rent increase is to take effect. How much can a landlord legally increase the rent? Does a landlord have to give rent receipts?
Yes, if a tenant asks for them. The landlord cannot charge for providing receipts. When is the rent due? Unless the landlord and tenant have made a different arrangement, rent is due on the first of the month. If rent is not paid on time, the landlord can begin the eviction process. Can a landlord ask a tenant to pay money to update the rent deposit? Does a landlord have to pay interest if a rent deposit is collected?
Yes, the landlord must pay the tenant interest on the rent deposit every 12 months. The amount of interest is equal to the rent increase guideline that is in effect when the interest payment is due. Can a landlord charge a fee if a tenant's rent cheque is returned NSF?
It is the landlord's responsibility to maintain the unit and to ensure that it is in a good state of repair, even if: the tenant was aware of problems in the unit before moving in, the landlord puts into the lease that the tenant is responsible for maintenance.
The tenant is responsible for keeping the unit clean as well as for repairing or paying for any damage caused by the tenant, their guests or another person living in the rental unit. What should a tenant do if the building or apartment needs repair If repairs or maintenance are required, the tenant should send the landlord a letter outlining the repairs that need to be made. That letter should include a time frame for completion of the repairs. Click here for a sample letter.
Be sure and keep a copy of the letter for your files. If the landlord fails to make the repairs, the tenant may want to contact the local Property Standards office, depending on the type of problem. The tenant may also consider filing an application with the Landlord and Tenant Board for a rent abatement and for an order that the landlord make the repairs. What temperature does my landlord have to keep my apartment at?
If you do not live in Cornwall, you should check with your municipality for their rules regarding heat. Does a landlord have to renovate or paint a rental unit before a new tenant moves in?
Or, renovate or paint it after the tenant has lived there a couple of years? However, the landlord is responsible for providing and maintaining a residential complex and the rental units in a good state of repair and fit for habitation.
However, the Rules concerning computation of time cannot be waived by the LTB in any circumstances. It refers to giving a document to a person rather than a party because it includes all documents mentioned in the RTA, such as notices of termination and rent increase, which are not related to applications when they are given.
Clause 1 g deems any other means allowed in the Rules to be sufficient service of the document. These Rules also set out when a document is considered to have been given to another person, depending upon the method of service used. For service by mail, subsection 3 of the RTA provides that service is effective five days after mailing. Where a notice or document is given by a method other than the methods of service permitted by subsection 1 of the RTA or this rule, that notice or document will be deemed to have been validly given if it is proven that the information in the notice or document came to the attention of the person for whom it was intended.
If a party is unsure about how the requirements of the RTA should be interpreted in a particular case, they may ask in writing for the LTB to issue written directions. The party may also want directions because they have had difficulty in serving documents on another party according to the methods permitted by the RTA and these Rules.
Such a party may ask in writing that the LTB issue written directions to serve the documents by another method, as permitted by Rule 5. Finally, the LTB may, on its own initiative, direct service on additional parties who should have been served or direct the method of service if there has been some problem to date. Using Courier Delivery 5. This Rule recognizes that couriers usually deliver documents the next day.
If the party who mailed the document can prove that the other party received it earlier than the deemed date, see Rule 5.
For example, if a party paid for same day courier service, and the delivery occurred on the same day the document was given to the courier, it would be found to be given that day. July 1, Page 12 13 Using Xpresspost 5.
Using Fax Although Xpresspost is marketed as a courier-like service, a notice or document given by this method is deemed to be given by mail.
Subsection 3 of the RTA specifies that a notice or document that is given by mail is deemed to have been given on the fifth day after mailing. If a fax is received by P. After midnight, it will be found to be given on Tuesday.
Earlier Receipt 5. This Rule would apply if, at a hearing, the date of service is an issue. If the other party admits receiving the document earlier than five days after mailing, this would be accepted. If the party who gave the document can show in some other way that the other party received it earlier, the earlier date may be accepted.
For example, an application may be filed in person with the Toronto South Regional Office, even if the address to which it relates falls within the area that is the responsibility of the Toronto North Regional Office.
The offices at which filing is permitted include all LTB offices. July 1, Page 13 14 A document delivered to a ServiceOntario Centre that accepts service on behalf of the LTB is considered filed under section under the authority of clause 1 c of the RTA. A ServiceOntario Centre is an office of the Ontario government which provides a wide range of general information about many ministries in one location. To determine if a ServiceOntario Centre accepts service on behalf of the LTB, call or toll free at This information is also available online at A document that is filed by mail, courier or fax shall be sent to the Regional Office responsible for the area in which the residential complex referred to in the document is located.
A party should send a document to the LTB office that is processing or will process the application. Sending the document to any other office is sufficient according to Rule 6. This Rule recognizes courier and fax as acceptable methods of filing under clause 1 c of the RTA. While the best practice, as contemplated by Rule 6. Documents should not, however, be sent by mail, courier or fax to a ServiceOntario Centre.
When a Document is Considered Received 6. Subsection 2 of the RTA provides that a notice or document given by mail to the LTB shall be deemed to have been given on the fifth day after mailing or, if earlier, the date it is actually received. For example, if a document was mailed to the LTB on the 7th of the month, but was not delivered until the 20th, it is considered received on the 12th. This Rule clarifies that the five days is computed taking into account whether or not the fifth day is a business day.
A business day is a day that is not a weekend day or statutory holiday see Rule 4. In the example, if the 12th was a Saturday, the document would be considered filed on the 14th Monday.
However, if the document was actually received earlier, it would be found to be received on the earlier date see subsection 2 of the RTA. For example, if a document was received by fax at P. However, it is the responsibility of the person filing the document to ensure that the fax transmission was in fact received by the LTB. No faxes should be sent to ServiceOntario Centres.
This Rule sets out the LTB s practice regarding its provision of these services. It is important for parties who intend to request French language services at an LTB hearing to do so as quickly as possible, so that the necessary arrangements can be made for an interpreter.
Where a party fails to request French language services until the day of the hearing, it will be up to the LTB to decide whether or not to adjourn the hearing to a later date so that arrangements can be made for an interpreter. When a party makes a request for French language services, the LTB attempts to schedule a proceeding in French.
However, it is not always possible to provide this level of service within a reasonable time from the date the application was filed. Where a party has requested French language services, the LTB will ensure that the party receives all correspondence initiated by the LTB with respect to the application in French, including a French translation of the LTB s decision.
July 1, Page 15 16 7. Where the LTB determines that it is necessary for a party to provide a translation of a document they have filed, the LTB should consider that the services of a certified translator can be quite costly. The exceptions to this rule in tort law are very narrow, limited to extreme situations, such as where a person is keeping something inherently dangerous such as wild animals and that thing escapes causing injury.
To extend this principle to place liability on residential tenants who are not at fault is a huge departure from the common law of liability in tort.
Residential Tenancies Act, 2006, S.O. 2006, c. 17
There is no rational basis for this fundamental change in liability. The effect of this change is to make a tenant insurer for the landlord's property. This is also inconsistent with the mobile home provisions under s. Under both sections, liability should be consistent with the general law of tort.
Page 5 8 Unauthorized occupancy Time limitation 2 An application under subsection 1 must be made no later than 60 days after the landlord discovers the unauthorized occupancy. Compensation 3 A landlord who makes an application under subsection 1 may also apply to the Board for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made.
The following sections should be added after s. Exemption, Family Members s.
Currently there are no protections for a spouse or family member who resides with the lessee to continue occupancy of the unit after breakdown of a relationship or death. Though this may be addressed by amendments to the definition of tenant, a more workable solution may be to amend the unauthorized occupant sections to allow for family members to elect to remain.
Page 6 9 Interpretation 2. To carry out an inspection of the rental Delete the phrase other than a tenant occupying a rental unit in a residential complex : 2. This section should be amended to Indicate that entry with notice only where reasonable. Entry with notice This means the tenant in the basement does not benefit from any of the protections in the RTA.
In earlier consultations, the previous government indicated that the above result was inadvertent. Any tenant who rents a selfcontained unit should be protected under the Act. Tenants in social housing paying market rent should have the same protections as private market tenants. There is no rationale for their exclusion from, for example, rules limiting the amount of rent increases.
Social housing tenants should also have the same protections with respect to compensation for eviction as private market tenants. Unlike the exemptions for rent rules, this is not an issue relating to their status as non-profit, rentgeared-to-income tenants.
This section is ripe for abuse. The ability to inspect must be qualified by the word 'reasonable' Page 7 10 unit for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord s obligations under subsection 20 1 or section Time limitation Where eviction order enforced Same 3 A landlord shall make an evicted tenant s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 72 hours after the enforcement of an eviction order.
Where reasonable, To carry out an inspection of the rental unit for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord s obligations under subsection 20 1 or section This section should be amended to a two year limitation period. This section should be amended to provide for 14 days to recover possessions following an eviction.
Same 3 A landlord shall make an evicted tenant s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 14 days after the enforcement of an eviction order.
Limitation periods for tenant applications should be consistent with the general 2-year limitation period for civil actions under the Limitations Act. Similar changes should be applied to sections 57 2 , 98 2 , 2 , 5 and 5 The RTA section provides for an additional 24 hours up from 48 hours for a tenant to retrieve their property once an eviction order has been enforced.
Recommended Amendments to Second Reading of Bill 109, Residential Tenancies Act, 2006
This time limit should be extended to at least 14 days. Furthermore the RTA continues the flaw in the TPA of failing to provide a practical remedy for tenants where landlords fail to comply with this section. Disputes arising over access to property in the period immediately following execution of an eviction order should be resolved expeditiously before the Board. Page 8 11 Agreement 5 A landlord and a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant s property.
Agreement 5 A landlord and a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant s property. An order determining that the landlord, superintendant or agent of the landlord has breached an obligation under subsection 41 2 , 3 , or 5 Other orders re s 1 If the Board determines that a landlord, a superintendent or an agent of a landlord has done one or more of the activities set out in paragraphs 2 to 7 of subsection 29 1 , the Board may, Page 9 12 Notice, landlord personally, etc.The improvements to the rent control provisions with respect to sitting tenants will have minimal impact on the general affordability of rents as long as the vacancy decontrol policy introduced by the previous government remains in place.
July 1, Page 13 14 A document delivered to a ServiceOntario Centre that accepts service on behalf of the LTB is considered filed under section under the authority of clause 1 c of the RTA. All weekend days and other holidays are counted.
After a landlord files an application for an above guideline rent increase, staff will check the application to ensure that the information set out in Rule has been filed.
One approach is to run searches on Teranet or some similar service into what the property holdings are of the landlord and the intended occupant, if their name is known.
It does not apply where no litigation guardian is required as a result of the nature of the proceeding.