Amendments to the Residential Tenancies Act, 2006 (RTA) became effective on September 1, 2021, which reflects the addition of new L10 application, as well as updates on L2 & T5 and relevant guidelines.
This article provides further information in addition to the blog that I posted on September 7, 2020 with the title of “What are the implications to Landlords and Tenants with the passing of Bill 184?”
Prior to the amendments in effect, a landlord cannot seek costs from any damages willfully or negligently caused or/and outstanding rent owed by the tenant, who has already vacated the rental unit, at the time of landlord’s filing the relevant application to the Board. Rather, the Landlord required to go through the Small Claims Court, which is considered a more time-consuming legal proceeding compared to the Board.
L10 Application - New Application to collect money a former tenant owes
With an L10 application made available on September 1, 2021, given that the former tenant has already moved out of the rental unit on or after September 1, 2021, a landlord can seek costs incurred from the former tenant within 1 year after the date the tenant moved out in the following:
- Rent or compensation;
- An amount for charges related to NSF cheque;
- Costs for unpaid utility bills (i.e., heat, electricity and water);
- Costs for damaging the rental unit (willfully or negligently);
- Landlord’s expenses incurred because the former tenant or someone else visiting or living in the rental unit substantially interfered with the landlord’s reasonable enjoyment or lawful right, privilege or interest.
A Landlord requires to serve the L10 Application and the Notice of Hearing at least 30 days before the hearing date. At least 40 days before the scheduled hearing, a Landlord should submit a Request to use Alternative Service Method to the Board, if a tenant cannot be served by using one of the acceptable delivery methods. A Certificate of Service for L10 application in one of the acceptable delivery methods should be submitted to the Board at least 20 days before the hearing date.
N12 notice (Landlord’s or Purchaser’s Personal Use) or N13 notice (demolition, conversion or major repairs) to end Tenancy - Disclosure of all previous notices given
A declaration or an affidavit is required to file with the Board at the same time of the L2 application for Landlord’s Own Use or Purchaser’s Own Use (N12), which should demonstrate a good intention of requiring the rental unit for at least 1 year from the person who intends to move in identified on the notice. Furthermore, a Landlord should also indicate that if any previous N12 or N13 notice(s) were given to any tenant(s) in the past 2 years for this rental unit or any other rental unit(s) prior to this L2 application.
If previous N12 or N13 was given in the past two years prior to the L2 application, a Landlord should provide:
- Date of the notice was served;
- Address of the Rental Unit;
- The identity of Intended occupant (N12) /Intended activity (N13) and
- LTB file number if applicable for each notice.
T5 application - Tenant Application: Notice of Termination given in Bad Faith
A Tenant can file a T5 application with the Board within 2 years after he or she vacated the rental unit, if he or she believes that a notice of termination given in bad faith for Landlord’s Own Use or Purchaser’s Own Use (N12), or for demolition, conversion or major repairs (N13), with different remedies available as follows:
- An order for a rent abatement;
- A maximum of 12 months’ rent as general compensation;
- A rent difference incurred in an increased rent of the new rental unit up to one year from when the date the tenant vacated;
- An order for the Landlord to pay for the former tenant for reasonable out-of–pocket moving and storage expenses;
- An administrative fine to the Board
A Tenant can file this application given with N12 notice, if the person identified in the notice hasn’t moved into the rental unit within a reasonable time after the tenancy ended.
A Tenant can file this application given with N13 notice, if the Landlord refused his or her right to move back, after the tenant had given the written notice of wanting to move back into the unit to the Landlord once demolition, conversion or major repairs was done (N13). A Tenant can also apply for this application to prove bad faith, provided that the landlord did not intend to do the work within a reasonable time after N13 notice was given.
Disclaimer: This information is not intended to be construed as a legal advice, but strictly for your information only. Please contact Trustworthy Legal Services for our independent legal advice in your particular situation. The first consultation is required prior to the retainer of your case.
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