My former tenant filed an application with the Landlord and Tenant Board. How can a non-tenant do this?
A tenant can file an application with the Landlord and Tenant Board after they have moved out provided that it is done within one year from the date the alleged conduct took place.
I am defending a T2 and the adjudicator stated that 60 days’ notice must be given by the landlord when he is working on a large project, also that landlords have some leeway with respect to quiet enjoyment by the tenants. Which Act is this from?
These provisions the adjudicator was referring to are found under the Residential Tenancies Act. Here is the link to the Regulations, where you’ll find this specific issue under Part II- Matters Relating to Rent- S.8, http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_060516_e.htm.
A former tenant filed an application at the Board, but we reached an agreement before I received notice. I refunded their deposit and they moved out, but the application is still listed as open at the Board. How do I know if it will still proceed?
When an application is filed with the Board, it is up to the applicants to ask the Board to withdraw their application if they don’t want to proceed. I believe the Board requires this to be done in writing. If it’s not withdrawn, the hearing will still be held. I suggest trying to contact your former tenant, if possible, to ask that they withdraw their application with the Board. Otherwise, you would have to attend the hearing. If they do not show up for the hearing then the Board will dismiss their application.