Landlord and Tenants Board
The following issues relate to residential property and are based on the Residential Tenancies Act, 2006 for information only. Each case is different and these are some real-life examples. Should you encounter a Landlord-Tenant dispute, you can contact Trustworthy Legal Services for legal advice.
Further information can be referred to the Landlord and Tenant website at http://www.ltb.gov.on.ca/en/
1) Rent Arrear
If a tenant does not pay the rent:
Landlord gives the tenant a notice to pay the rent or move. A landlord can apply to the Landlord and Tenant Board for an order to evict the tenant and to collect the unpaid rent from the tenant.
Tenant Options (assume there is no outstanding work order or/and any violation from Landlord)
Option 1: Tenant pays rent that is owed to the landlord.
Option 2: Tenant can cooperate with the landlord for a payment plan and file a copy of the agreement with the Landlord and Tenant Board.
Option 3: Tenant and Landlord go to the hearing.
2) Persistently Late Rent Payment (assume there is no tenant appeal in progress)
- Landlord and tenant can agree to end the tenancy during the term of a lease.
- Landlord must give the tenant a notice in writing to end a Tenancy "for cause" allowed by the Act before the termination date. The amount of advance notice depends on the reasons for terminating the tenancy.
Some examples of "for cause" reasons are mentioned as below:
- not paying the rent in full,
- causing damage to the rental unit,
- disturbing other tenants or the landlord, and
- conducting illegal activity in the rental unit.
- A landlord applies to the Board to end a Tenancy and for an order to evict a tenant, if the tenant doesn't move out after the notice is given.
3) Rent Deposit
- Landlord can collect a rent deposit from a new tenant on or before the start of a new tenancy, which is used as the rent payment for the last month. The rent deposit cannot exceed one month's rent if the tenant pays rent monthly. Landlord must pay the tenant interest on the rent deposit every year; the interest rate is the same as the rent increase guideline according to the Act.
4) Rent Increase
- Landlord can increase the rent for a current tenant when the 12 months rental period has passed since a tenant either first moved in or since the tenant's last rent increase, in compliance with the province's annual rent increase guideline, with a proper written 90 days notice to the tenant. This does not require approval from the Landlord and Tenant Board.
5) Repair and Maintenance
Landlord must keep a rental property in A GOOD STATE OR REPAIR. If something doesn't work because of normal "wear and tear," the landlord must repair it so that it works properly, or replace it. This includes the following items:
- Electrical, plumbing or heating systems;
- Wall, roofs, ceilings;
- Window, doors, locks, lighting;
- carpets in the unit or common areas;
- garages, laundry rooms, patios, walkways or pools.
A landlord must also keep the rental unit CLEAN. This includes the followings:
- Lobby Area;
- Laundry room;
- Parking lot or garage;
- Pests control such as cockroaches and mice.
A landlord must ensure that the rental unit meets HEALTH, SAFETY, HOUSING AND MAINTENANCE standards set out in municipal bylaws or provincial maintenance standards.
Trustworthy Legal Services also offers Landlord and Tenants legal services relating to the following areas, which include but are not limited to:
- Interference to Reasonable Enjoyment
- illegal Acts