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1) Fast-tracked eviction resulted from the repayment plan made for an outstanding of rent arrears
From the Landlord's perspective
It is recommended that a landlord should make an effort to negotiate a Repayment Plan with a Tenant, regarding to the rent arrears in whole or in part starting on March 17, 2020, specifying the terms of payment, including due date(s) and the amount per each payment etc. Payment Agreement form can be downloaded from the LTB website. This is considerably an essential factor for the Board to determine an issuance of eviction order, even if a proposal of reasonable Repayment Plan from the Landlord is rejected by the Tenant, based on s. 83(6) of the Residential Tenancies Act, 2006 (RTA).
Once the Repayment Agreement is reached and signed by both parties, the Landlord can achieve a fast-tracked eviction, if the Tenant doesn't comply with the term(s) and condition(s) of the Repayment Agreement. Under s. 78 of RTA, it permits a Landlord to obtain an eviction order without holding a hearing, when the Tenant has missed or late even in one payment, or has only paid partial payment in an installment, in terms of due date(s) and amount(s) addressed in the signed Repayment Agreement.
From the Tenant's perspective
A Tenant should ensure that he or she understands the consequences of every term and condition of the Repayment Agreement prior to any signing through seeking legal advice in order to determine if the agreement is reasonable and affordable. A Tenant can also propose to a Landlord with a reasonable Repayment Plan that a Tenant can meet with his or her current financial status.
2) A submission of non-completion of repair or/and maintenance Landlord's obligations under s. 82 of RTA should be made by the Tenant prior to a L1 hearing (Non-payment of Rent)
From the Tenant's perspective
A rent abatement can be deducted from an outstanding of rent arrears, or payment is made to the Board in Trust account until the Landlord's obligation to repair or maintenance will be completed within the specified time stated in the Order. The issue related to s. 82 of RTA should be raised and made known to the Landlord and Tenant Board (LTB) and the Landlord by delivering advance written notice prior to a L1 hearing. The relevant evidence should also be exchanged via email or other acceptable methods to the Landlord, as well as LTB, at least 7 days prior to the scheduled L1 video hearing.
3) Affidavit should be submitted along with a L2 application for the Landlord’s Own Use or Purchaser’s Own Use
From the Landlord’s perspective
According to s. 71.1 (1) of RTA, the affidavit is required, instead of a declaration, in the submission of a L2 application for the Landlord’s own use under s. 48 of RTA or for the Purchaser’s own use under s. 49 of RTA. The person who intends to move in should sign the Affidavit, which is sworn in front of a Commissioner of Oaths or Notary Public, to show his or her good faith in acquiring the unit. Furthermore, the definition of the Landlord’s own use or Purchaser’s own use also includes the landlord or purchaser’s immediate family - the landlord or purchaser’s child or parent; the landlord or purchaser’s spouse or the spouse’s child or parent.
Pursuant to s. 71.1 (3) of RTA, the Landlord should indicate in the Affidavit if there is any previous notice under s. 48 (Notice, landlord personally, etc. requires unit), or s. 49 (Notice, purchaser personally requires unit), or s. 50 (Notice, demolition, conversion or repairs) given to the Tenant within two years prior to the filing of this L2 application in respect of the same or different rental unit.
4) 1 month rent compensation to the Tenant for a notice given under s. 48 of RTA for the Landlord's Own Use or s. 49 of RTA for the Purchaser's Own Use.
The Landlord's perspective
A one month rent compensation is mandatory to a Tenant, when notice is given under s. 48 (Notice, landlord personally, etc. requires unit), or s. 49 (Notice, purchaser personally requires unit) by the Landlord. Before the passing of Bill 184, no compensation is required for a notice given under s. 49 of RTA for the Purchaser's own use.
The one-month rent compensation should be paid to the Tenant on or before the termination date on the N12 notice.
5) Compensation to the Tenant under a notice given for demolition, repairs or conversion (N13) under s. 50 of RTA
From the Landlord's perspective
For a residential complex with five units or more, it is mandatory to the Landlord for compensating three months rent to the Tenant with a notice given under s. 50 of RTA for demolition, repairs or conversion of a residential complex.
Meanwhile, the Landlord is now obligated to compensate for the Tenant with one month rent, if a notice was given under s. 50 of RTA for a residential complex with fewer than 5 units, as opposed to no compensation at all prior to the passing of Bill 184.
6) Seeking costs from the former Tenant who vacates the rental unit within 1 year
From the Landlord's perspective
The Landlord can bring an application to seek for costs from the former Tenant, who substantially interfered with the reasonable enjoyment of the residential complex or another lawful right, privilege or interest of the Landlord under s. 88.1 of RTA, notwithstanding that the tenant is no longer in a possession of the rental unit.
The same is applicable to unpaid utility costs which are responsible by the Tenant during his or her occupancy of the rental unit under s. 88.2 of RTA.
It is also applicable to undue damages caused by the Tenant negligently or willfully during his or her occupancy of the rental unit under s. 89 of RTA.
Nevertheless, seeking compensation for the above-mentioned issues should be brought in front of LTB no later than 1 year after the former tenant has vacated the rental unit.
7) Illegal rent increase is deemed to be legal without any objection by a Tenant within 1 year
From the Tenant's perspective
The illegal rent increase above the guideline set for each year will become legal, provided that there is no challenge brought by a Tenant in front of LTB within 1 year of such rent increase. A notice of Rent Increase should also be given to a Tenant at least 90 days prior to such increase.
8) Fines or/and Penalties imposed on Bad-faith evictions or any Breach of the Residential Tenancies Act, 2006
From the Landlord's perspective
A Tenant can bring a bad faith application to the Board, and a Landlord is liable for the compensation of 12 month "rent differential" as well as moving and other relevant expenses if proven in an intention of "bad faith".
An administrative fine is increased to $50,000 for an individual and $250,000 for a corporation with the passing of Bill 184, if the Landlord has breached RTA - for example, illegal evictions and such.
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 an independent legal advice in your particular situation. The first consultation is required prior to the retainer of your case.
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Like or/Share this article if you find it is useful.
1) Fast-tracked eviction resulted from the repayment plan made for an outstanding of rent arrears
From the Landlord's perspective
It is recommended that a landlord should make an effort to negotiate a Repayment Plan with a Tenant, regarding to the rent arrears in whole or in part starting on March 17, 2020, specifying the terms of payment, including due date(s) and the amount per each payment etc. Payment Agreement form can be downloaded from the LTB website. This is considerably an essential factor for the Board to determine an issuance of eviction order, even if a proposal of reasonable Repayment Plan from the Landlord is rejected by the Tenant, based on s. 83(6) of the Residential Tenancies Act, 2006 (RTA).
Once the Repayment Agreement is reached and signed by both parties, the Landlord can achieve a fast-tracked eviction, if the Tenant doesn't comply with the term(s) and condition(s) of the Repayment Agreement. Under s. 78 of RTA, it permits a Landlord to obtain an eviction order without holding a hearing, when the Tenant has missed or late even in one payment, or has only paid partial payment in an installment, in terms of due date(s) and amount(s) addressed in the signed Repayment Agreement.
From the Tenant's perspective
A Tenant should ensure that he or she understands the consequences of every term and condition of the Repayment Agreement prior to any signing through seeking legal advice in order to determine if the agreement is reasonable and affordable. A Tenant can also propose to a Landlord with a reasonable Repayment Plan that a Tenant can meet with his or her current financial status.
2) A submission of non-completion of repair or/and maintenance Landlord's obligations under s. 82 of RTA should be made by the Tenant prior to a L1 hearing (Non-payment of Rent)
From the Tenant's perspective
A rent abatement can be deducted from an outstanding of rent arrears, or payment is made to the Board in Trust account until the Landlord's obligation to repair or maintenance will be completed within the specified time stated in the Order. The issue related to s. 82 of RTA should be raised and made known to the Landlord and Tenant Board (LTB) and the Landlord by delivering advance written notice prior to a L1 hearing. The relevant evidence should also be exchanged via email or other acceptable methods to the Landlord, as well as LTB, at least 7 days prior to the scheduled L1 video hearing.
3) Affidavit should be submitted along with a L2 application for the Landlord’s Own Use or Purchaser’s Own Use
From the Landlord’s perspective
According to s. 71.1 (1) of RTA, the affidavit is required, instead of a declaration, in the submission of a L2 application for the Landlord’s own use under s. 48 of RTA or for the Purchaser’s own use under s. 49 of RTA. The person who intends to move in should sign the Affidavit, which is sworn in front of a Commissioner of Oaths or Notary Public, to show his or her good faith in acquiring the unit. Furthermore, the definition of the Landlord’s own use or Purchaser’s own use also includes the landlord or purchaser’s immediate family - the landlord or purchaser’s child or parent; the landlord or purchaser’s spouse or the spouse’s child or parent.
Pursuant to s. 71.1 (3) of RTA, the Landlord should indicate in the Affidavit if there is any previous notice under s. 48 (Notice, landlord personally, etc. requires unit), or s. 49 (Notice, purchaser personally requires unit), or s. 50 (Notice, demolition, conversion or repairs) given to the Tenant within two years prior to the filing of this L2 application in respect of the same or different rental unit.
4) 1 month rent compensation to the Tenant for a notice given under s. 48 of RTA for the Landlord's Own Use or s. 49 of RTA for the Purchaser's Own Use.
The Landlord's perspective
A one month rent compensation is mandatory to a Tenant, when notice is given under s. 48 (Notice, landlord personally, etc. requires unit), or s. 49 (Notice, purchaser personally requires unit) by the Landlord. Before the passing of Bill 184, no compensation is required for a notice given under s. 49 of RTA for the Purchaser's own use.
The one-month rent compensation should be paid to the Tenant on or before the termination date on the N12 notice.
5) Compensation to the Tenant under a notice given for demolition, repairs or conversion (N13) under s. 50 of RTA
From the Landlord's perspective
For a residential complex with five units or more, it is mandatory to the Landlord for compensating three months rent to the Tenant with a notice given under s. 50 of RTA for demolition, repairs or conversion of a residential complex.
Meanwhile, the Landlord is now obligated to compensate for the Tenant with one month rent, if a notice was given under s. 50 of RTA for a residential complex with fewer than 5 units, as opposed to no compensation at all prior to the passing of Bill 184.
6) Seeking costs from the former Tenant who vacates the rental unit within 1 year
From the Landlord's perspective
The Landlord can bring an application to seek for costs from the former Tenant, who substantially interfered with the reasonable enjoyment of the residential complex or another lawful right, privilege or interest of the Landlord under s. 88.1 of RTA, notwithstanding that the tenant is no longer in a possession of the rental unit.
The same is applicable to unpaid utility costs which are responsible by the Tenant during his or her occupancy of the rental unit under s. 88.2 of RTA.
It is also applicable to undue damages caused by the Tenant negligently or willfully during his or her occupancy of the rental unit under s. 89 of RTA.
Nevertheless, seeking compensation for the above-mentioned issues should be brought in front of LTB no later than 1 year after the former tenant has vacated the rental unit.
7) Illegal rent increase is deemed to be legal without any objection by a Tenant within 1 year
From the Tenant's perspective
The illegal rent increase above the guideline set for each year will become legal, provided that there is no challenge brought by a Tenant in front of LTB within 1 year of such rent increase. A notice of Rent Increase should also be given to a Tenant at least 90 days prior to such increase.
8) Fines or/and Penalties imposed on Bad-faith evictions or any Breach of the Residential Tenancies Act, 2006
From the Landlord's perspective
A Tenant can bring a bad faith application to the Board, and a Landlord is liable for the compensation of 12 month "rent differential" as well as moving and other relevant expenses if proven in an intention of "bad faith".
An administrative fine is increased to $50,000 for an individual and $250,000 for a corporation with the passing of Bill 184, if the Landlord has breached RTA - for example, illegal evictions and such.
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 an independent legal advice in your particular situation. The first consultation is required prior to the retainer of your case.
Follow on Facebook, LinkedIn and Twitter.
Like or/Share this article if you find it is useful.
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