Landlord Tenant Disputes
Many disputes among landlord and tenants can seriously threaten the enjoyment of a rental — or worse, the ability to stay in the rental or evict a troublesome tenant . In these situations and to avoid the common delays, it is imperative that you get the right representation.
Ontario is one of the most legislated and bureaucratic regions in the the world for tenant-landlord relationship management. The typical eviction process can take up to 75 days (assuming no landlord mistakes or deliberate delays successfully introduced by the tenant). Add the “average” 28 days of hearing delays and a self represented applicant could find themselves navigating through the process for over 100 days.
Knights LPC’s understanding of the Residential Tenancy Act and the newly introduced, Bill 124, Rental Fairness Act, 2017 has helped and continues to help many Landlords and Tenants achieve their desired results quickly and fairly.
When can a Landlord Evict a Tenant?
A tenant can only be evicted if a landlord obtains an Order terminating a tenancy from the Board and only the Sheriff can enforce this Order. To evict a tenant, a landlord must complete all of the steps set out below:
Serve the tenant with a valid Notice of Termination
Apply to the Board for a Hearing, and serve the tenant with the Application and Notice of Hearing
Obtain an Order terminating a tenancy from the Board
Deliver the Order terminating a tenancy to the Sheriff for enforcement
What are a Landlord's rights of entry?
A landlord can enter a tenant’s premises between the hours of 8 a.m. and 8 p.m. only if 24 hours written notice has been given to the tenant. The notice must set out the reason for the entry, date and time of entry. Entry can only be for the specific reasons set out under section 27 of the Act – they include repairs, reasonable inspections and showing the unit to potential buyers.
A landlord can enter a unit without written notice at any time in certain circumstances, including where:
There is an emergency (e.g. fire or flooding)
The tenant voluntarily allows the landlord into the unit
A tenant in a care home agreed in writing to let the landlord do “bed checks”.
A landlord can enter a rental unit without written notice between the hours of 8 a.m. and 8 p.m. if:
The rental agreement requires the landlord to clean the unit unless the agreement provides for different hours for cleaning;
The landlord enters the unit to show the unit to prospective tenants after notice of termination has been given by the landlord, or the tenant and the landlord has made reasonable efforts in advance to advise the tenant of the entry.
Do Human Rights apply?
The right to equal treatment without discrimination applies when renting a unit. It covers processes for choosing or evicting tenants, occupancy rules and regulations, repairs, the use of related services and facilities, and the general enjoyment of the premises.
In Ontario, the Human Rights Code applies to both tenants and landlords. Under the Code, everyone has the right to equal treatment in housing without discrimination and harassment. And landlords are responsible for making sure housing environments are free from discrimination and harassment. People cannot be refused an apartment, harassed by a housing provider or other tenants, or otherwise treated unfairly because of one or more of the following Ontario Human Rights Code grounds:
race, colour or ethnic background
religious beliefs or practices
ancestry, including individuals of Aboriginal descent
place of origin
citizenship, including refugee status
sex (including pregnancy and gender identity)
marital status, including those with a same-sex partner
age, including individuals who are 16 or 17 years old and no longer living with their parents
receipt of public assistance
People are also protected if they face discrimination because of being a friend or relative of someone identified above.
What should a sublet agreement say?
Your sublet agreement is a legal contract between you and the subtenant about the rules the subtenant will follow while renting your space or a portion of your space. The sublet agreement should include:
- the subtenant’s legal name.
- the date the agreement begins and the date it ends.
- the amount of the monthly rent and when it must be paid.
- how the rent will be paid, for example, by cash or cheque, in person or by mail.
- the name and address of the person or company the rent must be paid to.
- what the subtenant will be responsible for while living in your place, for example, any damage the subtenant causes.
- what the subtenant cannot do while they live there, for example, smoking, illegal activities.
- that the subtenant must follow the rules set out in the rental agreement between you and your landlord.
Give a copy of your rental agreement to the subtenant so they know what those rules are.
Can a tenancy be terminated based on pets?
Only if the pet is dangerous, causes allergic reactions or causes problems for other tenants or the landlord, must you get rid of your pet or consider moving elsewhere as per Landlord application to terminate tenancy based on animals. (2006, c. 17, s. 76 (1) and 2006, c. 17, s. 76 (2))
Even with a “no pets” clause stated in a lease, should the pet not create any problems for other tenants, a landlord cannot enforce it; such no pets clauses are invalid under the law. (2006, c. 17, s. 14.)
You should not have to move or get rid of the pet unless the Landlord Tenant Board issues a written order to do so. (2006, c. 17, s. 76 (3))
Does the RTA govern non-profit housing co-operatives?
A non-profit housing co-operative (co-op) can apply to the LTB for an order to end a co-op member’s occupancy and evict them.
Before applying to the LTB to evict the member, the co-op must first:
- terminate the member’s membership and occupancy rights
- give notice to the member to end their occupancy
A complete application includes a signed declaration from a person with authority to bind the co-op, which certifies that the member’s occupancy rights were terminated in accordance with the Co-operative Corporations Act. There is a $170 fee to file the application.
Co-op members cannot file applications with the LTB. Co-op members must bring their concerns to the co-op’s board of directors using the co-op’s internal dispute resolution process.
Bill 124, Rental Fairness Act 2017
The following information provided to you in Common Questions section is for educational purposes and by no means deemed for commercial use. For more information or to view the originating source of the information, please read how the the Bill amends the Residential Tenancies Act, 2006. The principal amendments to the Act can be read here: Bill 124, Rental Fairness Act 2017
The following information provided to you in Common Questions section is for educational purposes and by no means deemed for commercial use. For more information or to view the originating source of the information, please go to the Social Justice Tribunals of Ontario: http://www.sjto.gov.on.ca/ltb