FAQ Categories

The novel coronavirus disease, also known as COVID-19, is an infectious disease that spreads primarily through airborne droplets (saliva or discharge from the nose). It can cause mild to severe respiratory illnesses, with some symptoms which are similar to the common flu (runny nose, sore throat, cough, fever and difficulty breathing in severe cases). While many can recover from this virus, it may also lead to death. Those with underlying medical problems or weak immune systems are particularly more vulnerable. On March 17, 2020, the Premier of Ontario declared a state of emergency in the province due to COVID-19. To date, two further emergency orders have been implemented to stem and reduce the spread of COVID-19.

The Government of Canada is requiring everyone to participate in social or physical distancing. Social distancing means minimizing your close contact with others by changing your daily routines. This means:[1]

  • avoiding crowded places and gatherings (other than immediate family)
  • avoiding common greetings, such as handshakes
  • limiting contact with people at higher risk (e.g. older adults and those in poor health)
  • keeping a distance of at least 2 metres (approximately 2 arms lengths or the length of a hockey stick) from others, as much as possible

[1] Taken from the Government of Canada website https://www.canada.ca/en/public-health/services/publications/diseases-conditions/social-distancing.html

In order to actively practice social distancing, everyone is encouraged to:[1]

  • greet with a wave instead of a handshake, a kiss or a hug
  • stay home as much as possible, including for meals and entertainment
  • shop or take public transportation during off-peak hours
  • conduct virtual meetings
  • host virtual playdates for your kids
  • use technology to keep in touch with friends and family
  • work remotely where possible

[1]Taken from the Government of Canada website https://www.canada.ca/en/public-health/services/publications/diseases-conditions/social-distancing.html

The novel coronavirus is a worldwide pandemic and the province of Ontario is revising and adjusting its plans as deemed necessary. During this time, the Landlord and Tenant Board is continuing to accept applications and schedule hearings. However, there is currently a delay of approximately 6 months for most applications.  Unless there is a situation involving serious impairment of safety or an illegal act, the Landlord and Tenant Board is scheduling hearings based on the order in which applications have been filed. 

To be clear, tenants are still responsible for paying their rent. However, in cases where the tenant needs to choose between putting food on the table and paying rent[1], they can opt not to the pay rent without fear of losing their housing. This does not mean that the rent is gone forever, it’s more of a payment deferral option for the tenant until they become financially stable again. Ontario Premier Doug Ford “has said that no one will be evicted for their inability to pay rent, but the Ontario government has not waived rent for the province.”[2]

Section 83(6) of the Residential Tenancies Act, now requires that landlords try to work with their tenants and attempt to negotiate a payment agreement. Any payment agreements that are successfully formed between landlords and tenants on their own can be documented using the Landlord and Tenant Board’s Payment Agreement form which is found at https://tribunalsontario.ca/ltb/forms/

Hearings at the Landlord and Tenant Board are currently being scheduled for all applications virtually. The Landlord and Tenant Board is still processing incoming applications, so by serving notices now and filing applications, you are simply trying to secure your place in line.


[1] Watch the Premier’s announcement here at https://www.youtube.com/watch?v=5vHgPEfLO4k

[2] Found at https://www.msn.com/en-ca/money/topstories/starting-to-panic-landlords-fear-they-wont-be-helped-if-tenants-dont-pay-rent-amid-covid-19/ar-BB11GdNN?li=AAggNb9

If your tenant stops paying the rent, first try talking to the tenant to help get an understanding of what they are dealing with. Landlords are required by Section 83(6) of the Residential Tenancies Act to try to negotiate a payment agreement with the tenant and to offer options for deferring rent payments. The Landlord and Tenant Board has a Payment Agreement form http://www.sjto.gov.on.ca/ltb/forms/ which you can use to document your payment plan agreement.

Landlords can still serve the N4 – Notice to End your Tenancy Early for Non-payment of Rent[1]to start the clock with the first step and follow through with the L1 application at the appropriate time. Keep in mind that even though the Landlord and Tenant Board is continuing to hold hearings virtually during the COVID-19 pandemic, it may take months before you get to a hearing and/or obtain an eviction order.


[1] Refer to Landlord’s Self-Help Centre’s Landlord Learning Modules for instructions on how to complete the forms – https://landlordselfhelp.com/landlord-learning-modules/

If you have already filed an application or are in the process of filing an application based on a termination notice already served, and you think your matter is urgent in nature, the Landlord and Tenant Board has the Request to Extend or Shorten Time form on their website. The Request to Extend or Shorten Time form can be found at https://tribunalsontario.ca/ltb/forms/.

If your request for an earlier hearing is denied, the Board will notify you of this along with reasons for the decision and a hearing will be scheduled for your application when possible. If the Landlord and Tenant Board approves your request, an earlier hearing will be scheduled.

If landlords are struggling to pay their mortgage, the Federal Government has announced that the 6 major banks in Canada are allowing for mortgage deferral options:

Canada’s Big Six banks announced last week they were prepared to provide personal and small business customers financial assistance “on a case-by-case basis” if consumers found themselves facing COVID-19-related problems. The largely unprecedented offer included up to a six-month payment deferral for mortgages, as well as other possible relief, with other, smaller lenders taking similar steps.[1]

Contact your bank for more information and to see if you qualify.

Small businesses (including small landlords) are also being offered financial assistance and support, more information can be found at https://www.canada.ca/en/department-finance/economic-response-plan.html 

In Toronto, there are also payment deferral options for property taxes and a reduction in hydro charges for a minimum 45 day period beginning March 25, 2020. More information can be found at https://www.toronto.ca/home/covid-19/economic-support-recovery/economic-support-recovery-for-individuals-families/ Financial assistance may also be obtained through various programs developed by the Government of Canada, to see the full list of available supports visit https://www.canada.ca/en/employment-social-development/corporate/notices/coronavirus.html


[1] Read more at https://business.financialpost.com/news/fp-street/consumer-watchdog-keeping-close-eye-on-banks-offer-of-coronavirus-mortgage-relief?video_autoplay=true

If the maintenance inspections or minor repairs are not urgent in nature, it is best to wait until the lockdown is over. In the best interest of everyone’s health, it is not advisable to enter the tenant’s unit during this time of social distancing. Talk to your tenants and ask that they document minor maintenance requests and inform them that you will take care of them when it is safe to do so.

If it is necessary to enter the rental unit to perform a major repair or to deal with an emergency, inform the tenant that you will contact a contractor about performing the repairs and identify potential delays due to COVID-19 and physical distancing. Also advise tenants that proper notice will be provided. See the Entering the Rental Unit fact sheet at https://landlordselfhelp.com/media/Entering-Unit.pdf for instructions on how to properly enter the rental unit.

There is no set way to cancel a N12 notice once it is given to the tenant. Make sure the person expected to move into the rental unit is committed before serving the N12 notice to your tenant.

If you have served your tenant with a N12 and then the person who wanted to move into the unit changes their mind, you should notify the tenant right away. Write the tenant a letter explaining the change in circumstance. Inform them that they can disregard the N12 and continue to live in the unit.

If you want to ‘cancel’ the notice but it is too late because the tenant has signed another tenancy agreement and is moving out, you will still have to provide the compensation.

In either situation, there is still a possibility that the tenant files an application against you at the LTB for bad faith and upon proclamation of Bill 184, the tenant can get an order against you for the following: an order to pay the former tenant an amount of increased rent for up to 1 year, an amount of up to 12 months’ rent charged to the former tenant, an amount for reasonable out-of-pocket expenses, a maximum administrative fine of $10,000 and up to $35,000 which is the current jurisdiction of the Small Claims Court, and other penalties as deemed appropriate by the adjudicator.

In order to evict this person, you would first have to get a determination on whether he would be considered a tenant. There is an application that can be filed with the Landlord and Tenant Board for the Board to determine whether this would be considered a tenancy under the Residential Tenancies Act. The application you would file is the Application to Determine Whether the Act Applies (Form A1).

It is in your best interest to accept whatever payment the tenant makes and issue a receipt. By accepting this payment it does not nullify the notice, it will still remain in effect until it’s paid in full. You can still proceed to the Landlord and Tenant Board after 14 days based on the notice already given and make the adjustment of the rent owing when you file your application.

The Residential Tenancies Act does not include any provision on the number of pets tenants are allowed to have in their units. The number of dogs and cats a resident is allowed to have is regulated by the municipality. You will have to contact your local health department for these details. The Residential Tenancies Act does not include any provision on the number of pets tenants are allowed to have in their units. The number of dogs and cats a resident is allowed to have is regulated by the municipal bylaws. You will have to contact your local health department for these details.

When an application is filed, it is up to the applicant to ask the Board to withdraw their application if they do not wish to proceed. The request to withdraw should be done in writing. If the application is not withdrawn, the hearing will still be held. You should contact your tenant to ask that she notify the Board to withdraw her application. Otherwise, you would have to attend the hearing and if the tenant does not show up for the hearing then the Board will dismiss the application.

If the order contains an error in law, an appeal of the order can be filed in Divisional Court. The Appeal must be filed within 30 days of the order being issued.

The Landlord and Tenant Board requires a fee of $58 be paid when filing a Request to Review an Order.

If no serious error is found, the Board will issue a decision denying the Request to Review an Order. A brief statement of the reasons for the decision will be given to the party requesting the review.

The Landlord and Tenant Board may conduct a review by an oral or electronic hearing or by written hearing. If the order was resolved by a hearing, the review will be decided by an adjudicator (not the same adjudicator who heard the application). It may take up to 2-6 weeks for the review to begin.

If the Board finds that there is a serious error in the order, it may decide that all or some of the issues raised in the request and any potential errors identified by the reviewing member should be reviewed, with submissions from both parties.

In most cases an adjudicator will conduct a preliminary review of the request. The preliminary review will be based on the contents of the request and the order, without seeking submissions from the other party and without holding a hearing. The adjudicator may deny the request immediately or schedule a hearing if it is determined that the order may contain a serious error.

If the adjudicator finds that it is necessary to hear submissions from the parties before making a decision whether there is a serious error in the order, a hearing will be scheduled immediately and the adjudicator will consider whether to allow a review as a preliminary matter at the hearing.

The party requesting the review must also request that a stay of the order be made to prevent the eviction from occurring. The party must explain the reasons for this request and the consequences the party may suffer if the order is not stayed. The Landlord and Tenant Board Member may stay an order and at any time decide that the stay is no longer appropriate and revoke it.

Orders resulting from a hearing, set aside orders and interim orders can be reviewed.

The Board will send a copy of the request, along with the Notice of Review Hearing to the parties.

The Board will accept a letter as a request to review an order however, it must include specific information such as the order number, the address of the rental unit, name, address and telephone number and signature of the person requesting the review. It must also set out the reason the order should be reviewed and the remedy requested.

The Request to Review an Order must be made in writing, a Request to Review form is available from the Landlord and Tenant Board or may be obtained from the Board’s web site at www.sjto.gov.on.ca/ltb

The landlord may request in writing to extend the 30-day time limit. The Landlord and Tenant Board Member will take into consideration factors such as the length of the delay, explanations for the delay and evidence of prejudice suffered by any person as a result of the order, when considering such a request. However, in fairness to the other parties, requests should be initiated as soon as possible.

A Request to Review an Order must be filed within 30-days of the date the order was issued. Landlords should consider their options and act immediately.

A Request to Review an Order can be made by: 1) a party to the order; 2) any person directly affected by the outcome of the order; or 3) any Landlord and Tenant Board Member.

A request for the review of an order will not be allowed unless: a) the order contains a serious error; or b) a serious error occurred in the proceedings. ** For additional information refer to Interpretation Guideline #8 available at http://www.sjto.gov.on.ca/documents/ltb/interpretation%20guidelines/08%20-%20Review%20of%20an%20Order.html

There is a provision in the Residential Tenancies Act that allows orders containing errors to be reviewed by an adjudicator, other than the adjudicator who issued the order. In other words, if one of the parties is dissatisfied with an order, they have the opportunity to request a review of an order based on a serious error in law or error in procedure.

Your tenant is correct, a notice of rent increase must be provided in the Board approved form which is Form N1. A letter is not considered a proper notice to increase rent and therefore is not valid.

If the Order contains a clerical error which would be a typographical error, an error of calculation or similar error, a Request to Amend an Order can be filed and the Board can issue an Amended Order without having to hold a hearing. The procedure for dealing with a request to amend an order can be found in Rule 24 of the Board’s Rules of Practice. On the other hand, a Request to Review an Order is based on a serious error made by the adjudicator, for example, evidence that was presented at the hearing but overlooked or not considered. When a Request to Review an Order is filed, the Board will determine if there is a serious error in the order and if so, a hearing will be scheduled.

Unlike an assignment a landlord does not really have the right to screen candidates for a sublet since the original tenant is still the one responsible for the rent and anything that happens in the rental unit. In a sublet situation the landlord will not be dealing with the subtenant directly but rather with the tenant only.

You would be able to file an application with the Landlord and Tenant Board to evict the tenant as long as it’s filed within 30 days from the termination date on the Form N11. If it is past the 30 days then the agreement is now null and void and the tenant can continue the tenancy.

This is true but only for certain notices such as the Notice of Rent Increase, and the Notice of Entry and certain documents or submissions related to a Board application. The landlord and the tenant must to consent to service by email in writing. There is a Consent to Service by Email form that can be signed by both parties although it is not mandatory to use the form as long as the consent is in writing.

Despite the fact that this clause is in the lease you would not be able to terminate the lease earlier for the purpose of moving in. When there is a fixed term lease in place a landlord can only terminate the tenancy for the landlord’s personal use at the end of the lease term.

The law does not set out how often landlords can carry out maintenance inspections, however the landlord should make a reasonable effort to limit the frequency of entries for the purpose of carrying out an inspection of the rental unit. A tenant could have grounds to claim that the landlord is interfering with their reasonable enjoyment of the premises by entering the unit too frequently to inspect.

The Province has recently passed legislation, Bill 57 – Restoring Trust, Transparency and Accountability Act, 2018, which amends the Residential Tenancies Act, 2006 (RTA) to include an exemption from rental control for new residential rental units.

Section 6.1 of the RTA provides details of the a rent control exemption and refers to two types of rental units:

  1. A building, mobile home park or land leased community, no part of which was occupied for residential purposes on or before November 15, 2018; and
  2. Rental units located in detached, semi-detached and row houses which meet and are subject to specific requirements.

The exemption for new rental units located in detached houses, semi-detached houses or row houses, not occupied for residential purposes on or before Nov. 15, 2018, are subject to the following:

  • the detached, semi-detached or row house contained not more than two residential units on or any time before November 15, 2018;
  • the residential unit has its own bathroom and kitchen facilities; has one or more exterior and interior entrances; at each entrance the unit has a door equipped so it can be secured from the inside of the unit; and at least one door is capable of being locked from the outside;
  • the owner, or one of the owners, lived in another residential unit in the house; or the house was unfinished space immediately before the rental unit became a residential unit.

There are two possible notices of termination you can serve to your tenant:

The first notice is Form N5 – Notice to End your Tenancy Early for Interfering with Others, Damage or Overcrowding. You can serve this notice to your tenant if your other tenants in the building are complaining, damage is being caused in the rental unit, the condo management is complaining about the constant turnover of people in your unit, or your tenancy agreement does not allow the tenant to rent the unit on a short-term basis. This notice is a 20 day notice to end the tenancy, but it allows the tenant to correct the situation within seven (7) days.  If they do not correct the situation in seven (7) days, you can file an application with the Landlord and Tenant Board as early as the 8th day.

If the tenant is collecting more rent from the Airbnb renters than what the tenant is paying you each month for rent, this is considered illegal act. In this case, you can serve your tenant with Form N6 – Notice to End your Tenancy for Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit.  This notice is also a 20 day notice to end the tenancy (Reason 2), however, the tenant is not given an opportunity to correct the situation.  You can file an application with the Landlord and Tenant Board right after you provide your tenant with this notice.

In either case, you should collect as much evidence as possible.  For example, print-outs of the advertisements on the Airbnb website showing your unit, proof of what the tenant is charging to rent out your unit and complaints from other tenants or condo management.  It is important to fill in as much detail as possible about the tenant’s behaviour in the Details About the Reasons for this Notice section of each form.

It is not recommended for the tenants to do their own repair work in exchange for reduced rent. By hiring your own contractor to do the work, you can ensure that it will be done properly and you can control the costs on the repairs as well. If you give the tenant the responsibility of hiring someone to complete the repairs, you will not be able to dispute the amount spent on the repairs. In this situation, if the tenant is not compensated for the repair work, he may file an application against you in order to recover his costs.

The landlord can give the tenant a letter (better to given as a written notice so the landlord has a copy as well). It is recommended for the landlord to give 30 days’ notice to vacate, so the tenant has a reasonable amount of time to find something else. This is best done in the form of a letter (written notice) so the landlord has a copy as well.

The tenants can call the city and complain (city may then do an inspection). If the city finds that the unit is not legal, they may order that the unit be vacated. In this situation there isn’t a notice of termination that can be given based on the fact that the unit is illegal so it is usually recommended that the landlord offer the tenant some kind of compensation to move out and if the tenant agrees a Form N11 can be signed by both parties to end the tenancy. When the unit is vacant the landlord can obtain the proper permits to ensure it is legal before renting again in the future.

If the landlord lives in the rental unit PRIOR to the tenant moving in, then you are exempt under section 5(i) of the Residential Tenancies Act. However if the tenant lives in the unit and the landlord decides to move in after, then the Act does apply to you, despite sharing a bathroom and kitchen with the tenant.

You can file for an appeal with the divisional court. You would need to hire a lawyer or a legal representative. We usually do not recommend this option since it can be very costly and may cost more than the damages the applicant is seeking.

No, the landlord does not have to install an air conditioning unit since it is not classified as a vital service unlike heating (which has to be at 20 degrees). The landlord should specify in their rental agreement that if the tenant wants to install an air conditioning unit they need permission from the landlord and it will be at the tenant’s expense.

Landlord should give back the deposit as soon as possible, have a witness and document everything. There is a chance that the prospective tenant may try to sue the landlord for breach of contract. The landlord should inform the tenant as soon as possible, because the tenant should be given sufficient notice so they can find another place.

Landlords should first determine the amount of time it will take to resolve the issue. If only for a few hours or one day, the landlord can pay the tenant compensation for that one day. The tenant also has a responsibility to comply with preparation to fumigate. If the tenant is persistent about staying in a hotel, the landlord can either help them pay for the temporary accommodation OR they can give the tenant compensation (based on the number of days the tenant has to be out of the unit).

How to calculate compensation for a day: (rent per month x 12)/ 365= daily rate

No. In cases where the tenant has not paid rent, you can not call the guarantor’s every time the rent is missed. You have talk to the tenant directly. If nothing is paid, after obtaining an order from the landlord and tenant board, if it is being pursued in Small Claims Court (notice would be served to tenant and guarantor in that case). At that point, the guarantor’s wages would also be garnished.

In case of someone on social support who is a tenant, the landlord can not call the social worker.

Yes, the landlord can cash out the last month’s rent deposit and have it sitting in the bank. The landlord will owe the tenant interest on the last month’s rent (which is always the same as the guideline increase).

If your tenant is behind in the rent, you cannot do anything that affects the supply of utilities, as this would be an offence under the Residential Tenancies Act, and would allow the tenant to take you to the Landlord and Tenant Board for a rent abatement.

You should serve the N4 in the proper manner, giving 14 days for the tenant to pay or move out, and then file an L1 with the Board on or after the 15th day.

The rules around giving notice for landlord’s own use are being changed at the moment, as a result of the Rental Fairness Act, 2017. Details of the new rules can be found on our website here: http://landlordselfhelp.com/bill-124-rental-fairness-act-2017/

You cannot charge or ask extra money for the extra utility usage since this would be a unilateral change to the contract that you entered into with the tenant. The only thing you can do is charge a regular guideline rent increase one year after the tenancy expires.

The same goes with the extra people living or visiting, unless there is overcrowding according to the local municipality, tenants are free to have as many people visiting/living with them as they please.

 

Regarding insurance, you would use the N5 form due to a breach of contract that will result in problems for you dealing with your insurer and added liability in the event that any problem event occurs in the future.

The Board may consider this arrangement, but generally, you should first get a sense of how your situation is being viewed by the Member during the hearing before you even think about the possibility of paying the tenant anything. The tenant may not be able to prove his or her case.

 

It seems that the former tenant may have filed a T5 application claiming that you had given her a notice that you required the unit she occupied to live in for your own use in bad faith. For this to succeed, she would have to prove that you did not truly intend to occupy her rental unit as promised in the notice.

The test to be met in the Residential Tenancies Act, 2006 is in Section 57 (1) (a)

“57 (1) The Board may make an order described in subsection (3) if, on application by a former tenant of a rental unit, the Board determines that,

(a) the landlord gave a notice of termination under section 48 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and no person referred to in clause 48 (1) (a), (b), (c) or (d) occupied the rental unit within a reasonable time after the former tenant vacated the rental unit;…”

This particular situation (involving bad faith application to the Board) is fairly common, especially where the tenant was not happy to move. If your tenant wins their case, then upon proclamation of Bill 184 you could be ordered to pay,

  • an amount of increased rent for up to 1 year,
  • an amount of up to 12 months’ rent charged to the former tenant,
  • an amount for reasonable out-of-pocket expenses,
  • a maximum administrative fine of $10,000, and up to $35,000 which is the current jurisdiction of the Small Claims Court and
  • other penalties as deemed appropriate by the adjudicator.

You have to show your situation in context. This means explaining your timeline of when you moved in, and if the move in was delayed, what the reason was for the delay. If you rented one room for financial reasons, then you can show this and your expenses during the hearing (the tenant would also have to be given a copy of anything you introduce as evidence).

The tenant may have filed all her evidence with her application, but to access that, you need to ask the Board staff. If she brings more evidence to the hearing, ask for an adjournment if you need more time to analyze what the evidence means for you.

 

It is best to do this through the Landlord and Tenant Board by asking to speak to a mediator at the beginning of your hearing block. If the tenant wishes to try mediation, then you can be ready to give her a money order. If she does not want to mediate, then it will proceed to the hearing, at which point you can explain that the tenant refused to give you her evidence in advance, so you may need to ask for an adjournment and see if you need to get representation.

 

Rather than prove that the tenant has broken a long standing rule about not smoking in the property, what you will need to prove, if this matter goes to the eviction hearing stage at the Landlord and Tenant Board, is that the smoking by your tenant is substantially interfering with your reasonable enjoyment.

You would have to document the times and dates that the smoke from the tenant was affecting you. For example, document if the smell of smoke woke you up, or bothered you as you were going to sleep. You could also ask another tenant to be a witness at your hearing to prove your claims.

The first step, however, would be to serve an N5 Notice to Terminate Tenancy for Interfering with Others. 

The N5 is a 20-day notice but the tenant has the first 7 days to void the notice by correcting the problems (stop smoking). Otherwise you can file an (L2) application with the Landlord and Tenant Board to go to a hearing and ask for the termination of the tenancy. If you have to go to the Board, it’s very important to bring witnesses to the hearing so if there are any other tenants, you should speak with them and ask them if they would be willing to come to the hearing to testify to what is going on.

There is a very good chance that you will not notice any more smoke for a while after you give the notice. If the notice is voided by the tenant not smoking, you may need to serve a second notice within 6 months if there is a re-occurrence during that time.

The N5 form and instructions are available from the Landlord and Tenant Board website here – http://www.sjto.gov.on.ca/ltb/forms/

For reference, here is a link to a case involving smoking as a reason to try an evict a tenant:

https://www.canlii.org/en/on/onltb/doc/2012/2012canlii86718/2012canlii86718.html?searchUrlHash=AAAAAQAjVGVuYW50IHNtb2tpbmcgcmVhc29uYWJsZSBlbmpveW1lbnQAAAAAAQ&resultIndex=6

You first need to determine whether or not the existing tenancies are covered under the Residential Tenancies Act. If the tenants have their own kitchen and bathroom or have to share with other tenants, they are then protected by the Act which includes strict rules for ending a tenancy. If they are covered by the Act, the current landlord can serve form N12 which is a 60 days’ notice for Purchaser’s Own Use. If the tenants have a fixed term lease, the N12 notice cannot be served until the end of the term.

If the tenants are required to share a kitchen or bathroom with the present owner, (or their child, spouse or parent) and that person lives in the property as their primary residence, they would not be protected by the Act. If they are not covered by the Act because of a current shared living arrangement, this would give you more flexibility in terminating the tenancy.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

If the shooting occurred in your rental unit, then you can serve a 10-day notice to vacate for impairing the safety of another person – Form N7 (reason #1). You can apply to the Board using an L2 application any time after the N7 is served. The forms and instructions are available here: http://www.sjto.gov.on.ca/ltb/forms/

You must still obtain all the particulars, including dates, times, and specific details regarding the shooting incident from the police and list them on the form before serving the N7 notice.

You need to follow the Ontario Fire Code and possibly the Ontario Building Code. It is advisable to get answers related to fire safety directly from the Office of the Fire Marshall at

http://www.mcscs.jus.gov.on.ca/english/FireMarshal/aboutofm/Offices/About_OFM_Offices.html

Here is an interactive service directory map from the Second Suites website which you may find helpful. Even though your building has eight units, much of the same information applies. Just zoom in and click on the area where the building is located and it should give you some useful information page links, including the appropriate office dealing with fire services for the area.

http://www.secondsuites.info/service-directory/

If the N7 is given to the tenant for deliberate or willful damage, a termination date of at least 10 days is required. The N7 is only given if you can prove that the damages were done willfully by the tenant which is a high threshold to meet. You may apply to the Landlord and Tenant Board using the L2 application immediately for this reason as the N7 does not allow the tenant to correct the problem before the landlord can file for eviction.

The N5 notice requires a termination date of at least 20 days. The N5 notice gives the tenant 7 days to correct the problem (by fixing the damage, for example). If the problems are fixed within the 7-day period, you cannot apply to the Landlord and Tenant Board as the matter is resolved. However, you may apply as early as the 8th day if the tenant does not correct the problems within the 7-day correction period according to the N5 notice.

The only way that you are legally going to be able to take over the unfinished basement as storage area is if the tenant agrees to this in exchange for a reduction in the rent.

A landlord and tenant may agree to add or take away services, facilities or things that are on a prescribed list, in exchange for a corresponding rent increase or reduction. This list appears in Section 16 (1) of Regulation 516/06 of the Residential Tenancies Act, and appears here: https://www.ontario.ca/laws/regulation/060516?search=Residential+Tenancies+Act

The basement area would be considered floor space, and subsections (3) and (4) give the following details

(3) If the agreement under subsection 123 (1) or section 125 of the Act is to provide or cease to provide floor space, the maximum increase in rent or minimum decrease in rent shall be proportionate to the change in floor space.  O. Reg. 516/06, s. 16 (3).

(4) If an amount determined in accordance with subsection (3) would be unreasonable given the nature and quality of the floor space added or taken away, the maximum increase in rent or minimum decrease in rent shall be a reasonable amount based on the nature and quality of the floor space and the amount of the change in the floor space.  O. Reg. 516/06, s. 16 (4).

So, for the change to take place, you and the tenant must agree on a reasonable amount to be used as the dollar amount per square foot rate to be used for the rent reduction once you take over the space.

No-pet clauses on leases are not enforceable as per section 14 of the Residential Tenancies Act.

It depends on the situation. If the tenant had paid a last month’s rent deposit when they moved in, and if they are moving at the end of the last month of their occupancy, then they would not pay rent for that month because it would be taken care of by the last month’s rent deposit.

If the tenant is giving you at least 10 days’ notice to end the tenancy in response to your notice, and is moving before the date you specified in the N12 notice, then they only have to pay rent for the number of days that they live in the unit. In some cases the landlord would have to return even more than the last month’s rent. It would depend on how quickly they replied that they were moving out sooner than the date you gave them.

If instead the tenant never paid you a last month rent deposit in the first place, then you would have to clear that up with the tenant using your own documentation from when the tenancy began.

With the passing of Bill 124, or the Rental Fairness Act, 2017, there has been changes made to the Residential Tenancies Act. This is what the Bill says about compensation:

“48.1 A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the landlord gives the tenant a notice of termination of the tenancy under section 48.” This provision officially came into effect on September 1, 2017 (*Please note that the  N12 form, along with the L2 application has been updated and can be found on http://www.sjto.gov.on.ca/ltb/forms/).

Landlords will only be able to give notice for own use where they make a statement that they or their immediate family member (spouse, child or parent) intend to occupy the unit for a period of at least one year, or else they may face repercussions at the Landlord and Tenant Board for giving notice in bad faith.

 

If you are planning to move into the rental unit, please remember that you are likely going to receive a lot of resistance from the tenant, and questions about your intentions to displace the tenants so that you can occupy the space.

You must also be aware of the recent changes as a result of Bill 124, the Rental Fairness Act, 2017, which can be found at https://landlordselfhelp.com/bill-124-rental-fairness-act-2017/

For example the new rules require a landlord to offer compensation of one month’s rent prior to the termination date, or to offer a replacement unit that is acceptable to the tenant. This came into effect as of September 1, 2017.

The termination date you give on the N12 must be at the end of the lease term. An L2 application to the Landlord and Tenant Board may be filed any time after serving the N12. A sworn affidavit explaining your change in circumstances, and why you now require the unit, must accompany the L2 application.

The typical amount of time it takes to navigate the Board process, from the time you serve the notice, filing the L2 the following week, getting a hearing set about three to five weeks later, and the actual eviction, can take two months or more. An order can take up to 30 days beyond the hearing date to be issued.

 

You should keep in mind that you must reside in the unit for at least one year as your primary residence. Otherwise, you may be liable for a bad faith application from the tenant for up to one year after they are evicted.

In addition, the law now requires that a landlord compensate a tenant one month’s rent if the tenancy is terminated for the landlord’s own use. This law officially comes into effect on September 1, 2017. Read more about the provision here, at s. 48.1:

https://www.ontario.ca/laws/statute/06r17

It is also beneficial to focus your attention on proving your good faith need to occupy the unit on a long-term or permanent basis.

While the tenancy continues, the terms of the original tenancy remain the same. Therefore you cannot set a new rent (or increase above the guideline) unless the tenancy ends and the original tenant moves out.

For the tenancy to end, the tenant would have to physically leave, or you would have to attempt to enforce the notice she gave to you by filing an L3 application to terminate the tenancy with the Landlord and Tenant Board.

You would likely get a termination order if her original notice contains the required elements. Please see our fact sheet on ending a tenancy here: https://landlordselfhelp.com/media/Ending-a-Tenancy.pdf

The tenant could, however, still file to set the order aside, get a hearing and plead her situation before the Board Member, but it is hard to predict the outcome of such hearings. In the meantime, it would not be practical to re-rent the unit, as it creates great confusion for the next tenant as to when or if they can legally move in.

Proper notice is required in written form, to the end of the term or lease, giving a notice period of at least 60 days. Text communication would not be deemed legal notice.

In your situation, you should minimize your losses by trying to re-rent the unit. Although the tenant is technically owing rent until it is re-rented, it is best in these situations to focus on re-renting, as the odds of successfully obtaining and enforcing an order for payment of rent is are quite low. The chances of collecting for the utilities owing are also very low.

If there was no signed agreement that the tenant would leave a specific address on a specific date, then legally they do not have to move out. E-mail or text message notices or agreements are not valid.

If they have not paid rent that you or they assumed they would not have to pay if they were moving, then you can serve them a N4 – Notice to Terminate for Non-payment of Rent. The form will give the tenant 14 days (for a monthly tenant) to pay the rent or move out.  If they fail to pay or move, you can apply to the Landlord and Tenant Board for an eviction hearing on/after the 15th day.

The correct form for an agreement to terminate (Form N11) is also on that page of the forms, should you  need it in the future.

The forms and instructions are available at: http://www.sjto.gov.on.ca/ltb/forms/

I would say in this case, it would be best to go to the hearing and with the help of a mediator draft up an agreement in which he agrees to vacate and you provide a rent abatement.  The agreement should also include a clause stating that if the tenant does not move out on Aug. 15 then the landlord can file with the Sheriff to evict the tenant.  The mediated agreement should then be taken to the hearing and ask the Board member to issue a consent order on what you have agreed upon.

When the tenant is given a notice to end tenancy, such as an N4 for non-payment, they do not have to acknowledge receipt of it. They either pay the rent and void the notice, move out, or stay and do not pay the rent. If they do not pay by 14th day after serving notice, you may apply to the Board on or after the 15th day for an eviction hearing. If they pay before your Landlord and Tenant Board (LTB)  hearing, they would also have to pay the filing fee. If they don’t pay, then you should continue with the hearing process to get an order. The tenant may pay after the LTB order is issued but before the Sheriff’s office comes to evict. In this case, the tenant can file a Motion to Stay and have the eviction stopped.

It may help you to check with your local police to see if there are any media releases that involve your tenant. Here is an example of the Toronto Police media release page: http://www.torontopolice.on.ca/newsreleases/

If you are not able to gather more information about why the property was raided by police, then you should concentrate on giving an N5 for damage to the property and an N4 for nonpayment – either under the door of the unit or by mail. If serving notices by mail, you have to add 5 days to allow for mailing. 

To get a clear picture of the amount of damage that was done, you should give 24 hours’ written notice to enter to do a maintenance inspection with a contractor or handyman who can give you an estimate of costs.

The N4 is a 14-day notice to pay the rent or move out by the termination date. You can apply on an L1 application on the next available weekday after the termination date.

The N5 is a 20-day notice to vacate for damage or disturbances. The form gives the tenant 7 days to fix or pay for the damages. On the 8th day you can apply on an L2 application for eviction for the reasons on the N5.

5 days must be added to the termination date if the notice is being sent by mail.

You may combine applications and pay the Landlord and Tenant Board only one fee of $190. If they are filed separately, you will have to pay twice.

Since there was no written and signed agreement between you and your tenant, you will have to use the rental period that is on your lease – specifically, the 15th to the 14th. Otherwise, the Landlord and Tenant Board may dismiss your application.

The best way for landlords to protect themselves is to be proactive. When entering into new tenancy agreements or leases, make sure to include terms which indicate that all types of smoking (tobacco, marijuana, vaping, etc.) is not allowed in the rental unit. You should also clearly communicate that the cultivation of marijuana plants is prohibited. Sections 10 and 15 of the new Ontario Standard Form of Lease are where you can document these restrictions.  There are exceptions with respect to medical marijuana.

A notice cannot be served to a minor, even if the tenant acknowledges receiving it. This is not one of the accepted methods of service as indicated on the Certificate of Service.

Although we are not able to provide a list of legal service providers who specialize in landlord and tenant matters, we have the following suggestions.

You can contact the Law Society of Ontario to access their directory of lawyers and paralegals who specialize in this area. Their website address is  https://lso.ca/public-resources/finding-a-lawyer-or-paralegal/law-society-referral-service JusticeNet, a non-profit service, may also be able to assist you at reduced rates – their address is https://www.justicenet.ca

You can also type the following into Google to come up with some options: “Paralegal Landlord Tenant (and insert your specific geographical area here)”.

If recordings are presented as evidence, it is up to the judge to decide whether or not to allow them as evidence. Generally a person can record any conversation that they are part of, but sometimes recording and editing the conversation is recognized as a distortion of a true situation.

If you did not include the possibility of installing cameras in common areas in your lease agreement, or if you do not have a written lease agreement, then the answer is no. You will only be able to install video surveillance cameras if you get the written consent of everyone who lives in the property and uses the kitchen and common areas. To install cameras without consent would be contrary to both the Residential Tenancies Act and the Personal Information Protection and Electronic Documents Act.

If everyone agrees to installing the cameras, then this agreement should be in writing, since it is a fundamental change to the original situation that did not include cameras.

Otherwise, you will have to rely on witnesses who live in the property for your evidence regarding who is stealing food, causing damage, and so on.

I would first suggest writing a letter to your tenants with a reasonable timeframe for correcting this issue, and keeping a copy for yourself.

The next step would be to serve an N5 Notice for Disturbing Others, Damage or Overcrowding. This is a 20-day notice to terminate the tenancy, but the tenant can void the notice by correcting all of the issues in the details section of the form within7 days. If the mess is removed (and damage to property fixed, if that is required) then the matter is resolved. If not, then you may apply for an eviction hearing on an L2 application to the Landlord and Tenant Board on the 8th day.

The forms and instructions are available here http://www.sjto.gov.on.ca/ltb/forms/ on the Board’s website.

If the matter does go to a hearing, you will need witnesses to help describe the problem, because you cannot rely on the photographs alone. Witnesses could include neighbours as well as property standards employees.

As an example, here is a relevant part of the Toronto City Municipal Code Property Standards Bylaw which can be found here:

http://www.toronto.ca/legdocs/municode/1184_629.pdf

Ҥ 629-10. Maintenance of yards and property.

  1. Nothing in this section shall be deemed to prevent the lawful storage and keeping of material in or on any non-residential property, if a lawful use requiring that material is conducted on the property and the materials are stored in a neat and orderly fashion.
  2. All yards and any other part of a property shall be kept clean and free from accumulations of junk, rubbish, brush, refuse, litter, garbage and other debris, and any conditions that are health, fire or other hazards…”

The rules are indeed the same whether the agreement is month-to-month or for a fixed term.

Unless there is a clear agreement to terminate between the parties, the tenant should give at least 60 days’ written notice (usually on an N9 form), whereas the landlord may only give notice if they have a reason allowed by the Act, and the reason used would then determine the number of days’ notice that the tenant must be given.

Temporary agreements to move out and return must be arranged by the parties themselves.

It is very important to make sure that you instruct your tenants to inform you of any maintenance issues that arise at the rental unit. When beginning a tenancy, provide your tenant with the Landlord and Tenant Board Brochure on Maintenance and Repairs which can be found at http://www.sjto.gov.on.ca/documents/ltb/Brochures/Maintenance%20and%20Repairs%20(EN).pdf  

In response to this situation, you can provide your tenant with a letter to remind them that they are to contact you about any maintenance issues before taking the matter into their own hands, and are to provide you with a reasonable amount of time to respond and address the issue(s). Make sure to include your contact information in this letter as well, so that the tenant is aware of how they can reach you. As the landlord, you should be provided with the opportunity to address the situation and provide a solution.

Obtain another quote on the work that was done to see if the bill the tenant sent you is for a reasonable amount.  If it is, you can reimburse the tenant the full amount.  If it is not, you can offer the tenant a different amount.  If the tenant does not find this acceptable, they can file an application against you at the Landlord and Tenant Board to bring the matter in front of an Adjudicator who will make a final decision.

Your general obligation under the Residential Tenancies Act, 2006 is to maintain the property and to comply with all health, safety and housing standards. There are no specific guidelines that outline how a landlord should remedy any specific problem that may arise in the area of repair.

There is a separate procedure for long term planned renovations that require building permits and vacant possession by the tenant, but for emergency type scenarios such as yours, there is often the involvement of insurance companies and uncertain timelines because of contractor availability, etc.

As with any situation that requires water or electricity supply shut off, temporary inconvenience is a standard part of the process for all concerned. If you can offer your tenant somewhere else to live at your expense during the time of the repair, then this seems reasonable. If the tenant suggests a hotel or other accommodation, which is what an insurer often provides in similar situations, then you will have to reach some kind of compromise if you want to get on with getting the work done. 

The Landlord and Tenant Board form N8 notice can be served for this reason.  You need to document or record a pattern of 7-8 late payment instances in some way  (preferably with the N4 notice). 

If there is a fixed term tenancy agreement,  it can only be served at the end of the lease term and must coincide with last day of tenancy.

Collecting any amount of rent greater than the rent deposit equivalent to one month’s rent is unlawful under the Residential Tenancies Act, 2006. It is also considered an offence under the Act, for which a landlord may receive a fine.

As such, landlords are not within their rights to hold onto any amount greater than the last month’s rent, and any rent that has been paid (such as for June and July). Other amounts should be returned to the tenant.

If the tenants are leaving mid-lease, the landlord can explain that the tenant can attempt to assign the tenancy to someone else with the landlord’s permission, and that person will continue paying the rent if they are approved by the landlord.

LSHC does not give assistance on Condominium Act issues, and therefore, LSHC staff is not in a position to be able to tell landlords how to deal with Condo Board rules, while still being able to rent out the property within the year. For this, landlords may need to consult a lawyer or paralegal.

The interest owed to the tenant will be equivalent to the guideline increase amount for the year. The current annual rent increase guideline information is available here: http://tribunalsontario.ca/documents/ltb/Brochures/2020%20Rent%20Increase%20Guideline%20(EN).html

In our experience, it is not generally possible to pre-book the enforcement of an order at the Enforcement Office (Sheriff). We suggest calling your local Enforcement Office and asking them about this directly. You can find the relevant information for your local Enforcement Office at the following link:

https://www.attorneygeneral.jus.gov.on.ca/english/courts/Court_Addresses/index.php

When landlords and tenants go through the mediation process, a written mediated agreement is usually produced. It is best to look through this written mediated agreement to find the provision regarding termination, as it will contain next steps in terms of what to do if the tenant does not comply.

To present any new evidence, you would have to go through the review process at the Board. The process is described in the following Interpretation Guideline: http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/08%20-%20Review%20of%20an%20Order.html

The form you require is the Request to Review an Order. The form and instructions are available here: http://www.sjto.gov.on.ca/ltb/forms/

The new evidence issue is mentioned in the interpretation guideline, and is described as a serious error, as follows: “New evidence which was unavailable at the time of the hearing and which is potentially determinative of one or more central issues in dispute…”

It is my understanding that each Board office may have slightly different equipment for displaying video evidence. DVD is a commonly used format, and three copies would be required. We would also recommend bringing your own equipment for displaying video evidence if possible, such as a laptop.

If photographs are part of your evidence, they should be of adequate size to show proper detail. If printouts of text message screenshots are being displayed as evidence, then printing them on regular sized paper should be adequate. Again, three copies are required.

It is best to contact the Board office that you will be attending to make sure that presenting evidence in this way will be allowed and sufficient.

This is a link to a Landlord and Tenant Board case from CanLII that makes reference to text message as a usual means of communication between the landlord and (applying) tenant, for your reference:

https://www.canlii.org/en/on/onltb/doc/2015/2015canlii77278/2015canlii77278.html?searchUrlHash=AAAAAQAVdGV4dCBtZXNzYWdlIGV2aWRlbmNlAAAAAAE&resultIndex=5

You do not need to fill out the bottom part of the affidavit as this must be done by the commissioner or notary. Only the top part and the statements listed in numbered paragraphs inside the large box need to be completed by you. The commissioner will ask you to verify your statements.

You can have an affidavit sworn for free by a commissioner of oaths on staff at the Landlord and Tenant Board. To have one sworn in advance of going to the Board, you would likely have to use a lawyer, paralegal or notary public at your own cost.

For reference, here is a link to our Town Hall slides on the topic of Agreements to Terminate Tenancy. You will find more information near the bottom of the document under the heading “Landlord and Tenant Board”.
http://landlordselfhelp.com/media/2016/01/TownHall_-Agreement-Notice_public.pdf

 

There is no standard form or format for a letter of agency authorization to be used at the Landlord and Tenant Board, nor does Landlord’s Self-Help Centre have a template for client use at this time. We suggest simply writing a letter specifying the person that will be representing the landlord at the hearing and having the same letter signed by the landlord.

 

We do not generally encourage e-filing for small landlords, as the Board will charge a separate filing fee for each application. Filing in person at a Landlord and Tenant Board or Service Ontario location will ensure you only pay one application fee for two separate applications.

 

Reading the Landlord and Tenant Board’s Interpretation Guideline 16 in the linked information will give you a good sense of when the Landlord and Tenant Board will typically issue a fine: http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/16%20-%20Administrative%20Fines.html

As you can see, it says, “This remedy is not normally imposed unless a landlord has shown a blatant disregard for the RTA and other remedies will not provide adequate deterrence and compliance.” Typically the Board member must be satisfied that the landlord knowingly disregarded the law for their own ends, before issuing a fine of any kind.

Since there is no certainty about you even getting a fine, I also suggest that you do not focus on the amount of fines available, as they are very rarely the maximum amount, and are simply impossible to predict.

 

Unfortunately, this will not be possible. You do not have to use the tenants’ written submissions (letters) or call the tenants as witnesses, but if you do, the tenant has the right to know who they are, and to cross-examine them if necessary. The Board is bound by certain rules that do not allow evidence to be given in secret. Because of this, the other tenants may be reluctant to get involved.

The only sure way to determine whether or not the Residential Tenancies Act applies, in whole or in part, is to file an application under Section 9 of the Act. To do this, landlords can file an A1 application with the Landlord and Tenant Board, the forms and instructions are available here –http://www.sjto.gov.on.ca/ltb/forms/

Situations that are completely exempt from the Act are listed in Section 5 of the Act. Partial Exemptions are listed under Sections 6, 7 and 8 of the Act, which you can read at the following link: https://www.ontario.ca/laws/statute/06r17#BK5

If your living arrangements require the tenant to share a kitchen with you as a condition of living in your home, then likely your situation would not be covered as a regular tenancy under the Residential Tenancies Act. This usually means that the renter is not a tenant and has very few rights in such situations.

If you feel you are being threatened by this person, then you may have to speak to your local police department about getting a peace bond (which acts like a restraining order) against him or her.

In the meantime, to protect yourself against any potential claims, you can write out a simple timeline of events showing when and what was paid to you, when the tenant moved in, the fact that he or she shares a kitchen with you, the problems the tenant has caused you, and any other details that are relevant to the tenancy. You may need this to show to the police or for any possible court hearing.

The Residential Tenancies Act does not apply to a residential rental agreement that requires (from the beginning of the tenancy) the owner of the property or the owner’s immediate family, which includes spouse, parent, or child/children, to share a kitchen or a bathroom with the renter.

If the renter in your home has to regularly share kitchen or bathroom with the owner in this way, then the normal rules about giving notice do not apply. The rules are instead set by the terms of the tenancy agreement or lease. It is not exactly true that the renter can just walk away from their lease obligations because of a shared living arrangement. They may for example still be taken to Small Claims Court for breach of contract for not paying rent or leaving abruptly and where the landlord experiences a delay in finding a new renter.

In your case you should look at the lease to see if there are any options given for you there. If the lease you are using does not reflect the shared living arrangement, and refers to the Residential Tenancies Act, then this is probably causing part of the confusion, since that law only applies where the renter has their own kitchen and bathroom, or only has to share with other renters.

You may have to look at serving notice to end the agreement because of non-payment by the renter/tenant based on either the lease terms if they share kitchen or bathroom with you, or based on the rules of the Residential Tenancies Act if they do not share.

If your agreement states that that the renters are required to share a kitchen and/or bathroom with you, and you are the owner, then the tenancies you have with them would seem to be exempt from the Residential Tenancies Act under Section 5 (i). As such, you do not have to give a reason to terminate a tenancy.

Unless you have a written contract with the renter that specifies the amount of notice that should be given if either party wants to end the tenancy, you should give an amount of time that matches the frequency for rental payments. If the renters pay by the month, you can give 30 days’ notice to end the tenancy.

Here is our fact sheet on shared accommodation for further information: https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf

Please remember that once you move out and if you choose to rent to tenants who are not required to share kitchen or bathroom with you, the protection of the Residential Tenancies Act becomes immediately effective for those new tenancies.

The end of a fixed term lease does not necessarily mean the end of the tenancy. If the tenant wishes to stay and the landlord does not have a valid reason to terminate the tenancy then that means  the tenancy will continue on a month-to-month basis (on the same terms and conditions of the original tenancy agreement). However, if the tenant has given proper notice to terminate their tenancy or the landlord has given notice to terminate based on a valid ground then the landlord has the right to show the unit to prospective tenants.

Here is a link to our Fact Sheet on entering the property: https://landlordselfhelp.com/media/Entering-Unit.pdf.

The case law regarding the landlord’s right of entry into common areas (rather than into the rental unit) is limited and inconsistent. However, it is a wise practice for landlords to use 24 hours’ written notice even where they are entering common areas, in order to avoid any claims of illegal entry.

The Frustrated Contracts Act appears to apply to your situation. Basically, this means that the tenancy obligations ended on the day of the event. So this would mean that the tenant has no further rent owing to the landlord, and the landlord has no further obligation to provide accommodation. You will have to return any rent on a daily basis, including last month’s rent in part or in whole, to the tenant, since there is no longer a unit to pay rent for.

There is no official paperwork for this, but the usual practice is to write the tenant a letter or statement that due to the event, the Frustrated Contracts Act applies according to Section 19 of the Residential Tenancies Act, which you can read at this link: https://www.ontario.ca/laws/statute/06r17#BK22

You can include the letter along with the payment, and ask the tenant to sign for receipt of both the payment and the letter.

Your situation is quite complicated, because it deals not only with the rights and remedies of landlords and tenants under the Residential Tenancies Act, but also with both the Ontario Human Rights Code and the Condominium Act. Where the rights of an individual unit owner within a condominium complex come up against the rights of the Condominium Board, it is generally advisable to hire legal counsel specializing in this area of law.

Your problem is not just about noise and damage being done or experienced in or on the property, but it may also leave the condominium corporation vulnerable to insurance claims or other legal liability because minors are being locked out of the building by the adults in your unit.

Due to your situation involving children, you must also consider the landlord’s duty under the Human Rights Code to accommodate a tenant to the point of undue hardship. Therefore, the need to hire legal counsel specializing in these areas of law is even more urgent. The Landlord and Tenant Board is generally very reluctant to order eviction when children are involved, unless they are satisfied that the landlord did all they could to accommodate the tenant’s situation.

An option that you can explore in the meantime is approaching the tenant about the possibility of termination of the tenancy by mutual consent by signing an N11 agreement to terminate: http://www.sjto.gov.on.ca/documents/ltb/Other%20Forms/N11.pdf

Your options would depend on whether or not the tenant is required to share a kitchen or bathroom with your daughter. If your daughter was living in the property before the tenant moved in, and the tenant was required to share a kitchen or bathroom with her, then you will have more options.

If this is not the case then your situation would be covered by the Residential Tenancies Act, and you must then follow the rules accordingly.

This would mean serving an N5 Notice to Terminate Early for Interference with Others. The N5 must list the dates and times of the disturbances, and gives the tenant 20 days to vacate, or 7 days to void the notice by correcting the behaviour during that time period.

The forms and instructions for both the notice, and the application to the Landlord and Tenant Board if the tenant fails to correct the behaviour, are available on the Board website here: http://www.sjto.gov.on.ca/ltb/forms/

Noise complaints by one tenant against another are difficult to resolve at the best of times. Where the noise is coming from a child or children, there are really very few real options for the landlord. The Ontario Human Rights Code places a duty on landlords to accommodate the needs of a tenant that is covered under one of the Code grounds; one such ground is family status.

In your situation, even where the tenant (with the child) may not yet have asked you to accommodate her situation, the law expects you to anticipate such a claim. One way you could do this is to offer to install some sort of floor covering (at your cost) that would help to lessen the sound travelling between the units.

In that way you could, along with the record of your conversation with the tenant about her child’s activities, show the Landlord and Tenant Board that you have tried to balance the rights of both tenants in the best way that you know how. You are expected to communicate with both tenants about options. The complaining tenant may not like what you have to say, but you should explain that the law limits your options in this situation.

The Residential Tenancies Act does not take precedence over the Ontario Human Rights Code, and both work together to ensure the protection of tenants from eviction due to noise related to the tenant’s family situation.

In any case, you should not serve an N5 notice of termination for disturbances.

First, you should speak to each tenant to find out for sure what is going on. Ask them to write down all of their complaints with specific details such as the dates and times of all the noise incidents. If you believe one tenant is causing the most problems then you may have to serve that tenant with a Form N5 detailing all the issues. The N5 is a 20-day notice in which they have the first seven days to correct the situation. If it is not corrected after seven days, then you would file an L2 application with the Landlord and Tenant Board.  In some cases where both tenants are equally disruptive the N5 may have to be served to both tenants. 

Deciding whether or not to serve a notice for disturbances usually comes down to how current the problems are, and how willing the affected tenant is to be a witness at the Board Hearing. If problems are recent, and/or ongoing, then they still may not have been corrected by the tenant, which could trigger the service of notice. This is not easy to explain, because there are always subjective opinions about how serious the noise or smell was, and then whether or not those problems were resolved.

As to the complaining tenant, if they are willing to be a witness at the hearing, then you should explain that this means they have to provide you with a detailed log of dates and times when the smoke bothered them, and how, and when they were woken up by the offending tenants, and if they had spoken to the offending tenants about the noise, what was the reaction. All of these details will typically end up in the details section of the N5. If the matter goes to a hearing, then the tenants may be cross-examined about their evidence.

If the tenant expects you to resolve this problem without their involvement, then you can explain to them that this is not how the Board goes about evicting tenants for cause.

 

We suggest that the tenant who is affected should keep a log of all the dates and times that the smoke smell is bothering him or her, and to ask someone else to be a witness. This will be helpful if they ask you to serve the offending tenant notice for interfering with the affected tenant’s enjoyment.

In the meantime you should treat it more as a problem that may require you serving an N5 notice for interference with enjoyment, rather than on the possible illegal activity of the other tenant smoking a controlled substance. When it comes to considering eviction, the Landlord and Tenant Board may be sympathetic, but they tend to focus more on the ongoing annoyance and interference factor than on the illegality side of smoking marijuana.

The N5 form is here: http://www.sjto.gov.on.ca/documents/ltb/Notices%20of%20Termination%20&%20Instructions/N5.pdf

I do not think that the Landlord and Tenant Board will order termination based on an N7 in the case you are describing. An application based on a correctable N5 has a much better chance of succeeding, especially if another tenant is being affected by the behavior. Either way, you will require one or more witnesses to attend if you want to present your case well.

If the matter proceeds to the Board, it may be in your best interests to hire a paralegal or lawyer to represent you at the hearing.

This could be reason to serve an N5 notice to end the tenancy early. If notice is served for this reason, and the issues in the notice are corrected by the tenant, then the  tenant can stay, if not, then the landlord may apply for an eviction hearing at the Landlord and Tenant Board, and try to prove their case for eviction.

For damages and clean-up costs, you would need to first get written estimates from reputable companies or contractors. Proper 24 hours’ written notice to enter must be given in order to enter to do a maintenance inspection, or if you are doing work in the unit.

You can find the notice to terminate for damages and instructions on the Landlord and Tenant Board website, here – http://www.sjto.gov.on.ca/ltb/forms/

You can also find a very good overview of how this procedure works in the Town Hall section of our website, here: http://landlordselfhelp.com/media/2016/01/TownHall_N5_public.pdf

You cannot really do maintenance work as involved as painting so close to the end of the tenancy, so you will have to wait until the property is empty before cleaning thoroughly and painting it.

During the tenancy, you would have had many opportunities to do a maintenance inspection and raise the problems that you discovered at those times. It may or may not be worth filing for the damages at the Landlord and Tenant Board before they leave, using an L2 application, but again, there is no guarantee that you can collect even if you are successful. The form and instructions are available here: http://www.sjto.gov.on.ca/ltb/forms/

Although you can certainly provide your own detailed estimate as part of your evidence, it is advisable to get at least one other quote from a reputable and competent tradesperson or company.

Yes, you can still serve an N5 for damage in this situation. It can be given where you can show that the tenant wilfully or negligently did the damage. If they are claiming it is ordinary “wear and tear”, you will have to be prepared to show how this is not the case.

If you have a move-in inspection report or pictures of before they moved in, this will be relatively easy. If you do not, then it is your word against theirs.

Keep copies of correspondence between you, and copies of your notices to enter in case they are required at a hearing regarding this matter in the future.

Unfortunately, if you have not received the written order from the Landlord and Tenant Board, it is too early to try to analyze the results of the hearing. Once the written order is received, with the reasons attached, there will be a better sense of where your case’s strengths and weaknesses lie.

Generally speaking, it is much harder to get termination on an N7 than it is on an N5, as the Landlord and Tenant Board sets the evidence bar very high for applications where tenants are not being given an opportunity to stay in the rental unit by correcting their behaviour. It is also much harder to prove deliberate or wilful damage (N7) than it is to prove wilful or negligent damage (N5). 

Finally, relying heavily on photo or video evidence is not a great strategy, as the Board would prefer eyewitness evidence from other tenants in the building who were affected by the behaviour.

Regarding repair responsibilities, if you look at page 7 of 9 on this LTB brochure http://www.sjto.gov.on.ca/documents/ltb/Brochures/Maintenance%20and%20Repairs%20(EN).pdf  on maintenance obligations, you may get a better sense of how the Board views and explains the duties of the tenant when it comes to cleanliness and repairs. It is less clear how they will approach the smaller details involved in enforcing these obligations, especially since tenants and landlords rarely see eye to eye on when or how well a problem has been solved. We encourage landlords to be clear about quality of work when asking tenants to clean up or repair damage, but beyond that, landlords have to take a “wait and see” attitude, and let the tenant do the work to their own standard since they are still in possession of the unit. The Board is more understanding about landlords hiring professionals if the tenant is ignoring or resisting the repair requests, or where they have botched a repair.

Unless it is a situation like hoarding, clean-up by professionals should only be done after the unit is empty for practical reasons, unless the tenant is in full written agreement.

The timeline you set for the tenants to clean up or repair damages should be general in nature, unless you are serving an eviction notice. You would make your request after you inspect with notice, and then schedule another inspection in 7 or 10 days, for example.

Although it is called a security deposit, the last month’s rent deposit can only be used for rent. It cannot be used to offset amounts owed for damages or for cleaning costs. For these types of claims, a landlord would have to file in Small Claims Court after the tenant moves out.

Keep in mind that it is not legal in Ontario to charge any deposit in addition to the last month’s rent deposit. It is an offence to charge any amount on top of the last month’s rent deposit and therefore it should be returned to the tenant in full. 

If both parties agree, usually at the application or lease stage, that it is convenient to pay by post-dated cheque, then the law allows this method of payment. Landlords cannot force this as a method of payment, and if the tenant changes their mind, then the payment method reverts to cash or regular cheques.

Electronic payment by e-transfer is very common these days, but the law does not make specific mention of this payment method. Once again, the tenant would have to agree to this way of paying.

Landlords are not required to keep the last month’s rent deposit in a separate account. As you may already know, however, you must pay the tenant interest on the rent deposit every 12 months, so good record-keeping is required.

You will have to communicate with the person you are using as the agent to determine the details of when payments will be given to you. This is because it is a contractual matter between you as the landlord, and the person you are using as the agent for the landlord, when dealing with the tenant. The Residential Tenancies Act only deals with matters that arise between a landlord and a tenant; it does not get into any details about how agency contracts work.

The last month’s rent deposit can be collected in advance of the occupancy date on the tenancy agreement, but the first month’s rent is legally only payable on the day the tenancy begins.

It will be the same situation with or without a lease. They have the same rights and you must follow the same steps and use the same forms.

If there were two or more co-tenants who entered into the contract, then unless they get the landlord’s clear consent or are otherwise allowed by a Member of the Landlord and Tenant Board, they are both bound to the terms of the contract even if they no longer live in the property.

The landlord must still name both or all parties on the N4 for nonpayment or any other notices or applications, so that it is clear that the contract is still in full effect. The landlord may be able to apply for collection against either or both parties for garnishment, for example, at some future date.

Trying to make the tenant who left actually pay the rent or damages is not an easy thing to do, but the possibility of eviction because of this nonpayment usually acts as an incentive for whoever is still living in the property.

The law is not clear on the issue of tenant’s rights to use a mailbox, or get shared or exclusive access to the mailbox on the property. Clearly they have a right to privacy, but with situations where multiple tenants have to use a shared mailbox, this privacy cannot be 100% guaranteed. Some tenants have been successful in applying to the Landlord and Tenant Board to obtain an order that the landlord install a private mailbox for them.

The lease might clarify the rights at the beginning, but if a tenant feels that their privacy is affected, they may feel they have no other option but to ask for keys to the shared mailbox or a private box. Municipal bylaws will also have specific requirements for mailboxes as well.

There is nothing that a landlord can do to limit the number of occupants that live with the tenant unless the number exceeds a municipal occupancy standard. Usually this allows about 100 square feet per person, regardless of any lease term restrictions.

It seems that your lease does not clearly specify the limits of use of the part of the property you are describing. If it does, then this would give you more leverage to make the tenants stop using that area. If the lease is vague or does not mention what areas of the property tenants do/do not have access to, then the best you can do is take the position that there was a verbal understanding about these limits when the tenancy began. Clearly, this is not ideal, because if you have to take the matter further by serving an N5 notice to terminate due to the tenant interfering with your enjoyment or that of another tenant on the property, then your position is weaker than it should be. Clear contract terms are vitally important.

It is perfectly lawful for the tenant to allow someone to move in with them without telling the landlord who that person is. You would only be able to gather information on the person if the tenant wants to add him to the tenancy agreement and have him be responsible to pay rent, at which point you could screen him as you would any new applicant to rent.

The law only considers a person to be an unauthorized occupant if they are left behind after the tenant has vacated the unit, which does not seem to be happening in your situation.

At the moment, you cannot insist on his information, as this can be seen as interfering with the tenant’s reasonable enjoyment, and may cause you to be subject to a Tenant’s Rights application at the Landlord and Tenant Board.

The time to factor a person’s income situation into your decision making is before you say yes to renting to someone, by screening them during the application for rent stage. Once your tenant is in, they are under no obligation to discuss their finances with you.

It is acceptable to sign documents electronically, in the same way that a signature on a document that has been faxed is acceptable. 

Where you must be careful is the method by which the signed document is served or delivered, as it cannot be delivered electronically.

We cover the various methods allowed under the Residential Tenancies Act the our “Town Hall” material on serving notices, it is available here: http://landlordselfhelp.com/media/2016/01/TownHall_serving-doucments_public.pdf

No, landlords have no way to force tenants to get contents or liability insurance, even where the lease says the tenants will get it. However, it will limit the tenant’s options if they ever make a claim against landlords in the future.

It seems that your question is more about how to deal with the owner of the neighbouring property, as a possible source of the infestation, than it is about eradicating the infestation from your own property.

I can offer the following links – one dealing with the bylaw enforcement side of things, and the other from our own website which deals with the problem from the landlord perspective. You may get your answer from speaking with the Municipal Licensing and Standards or Public Health staff person. However, we can only help you address the pressing issue of eradicating the pests.

You should arrange with a pest control professional if possible, as soon as you can, to begin treatment of your own property. They may wish to notify the neighbour based on their own protocols.

It is not the tenant’s responsibility to treat or spray for pests or vermin of any kind, as a landlord you will have to deal with the problem yourself. It is not usually a good idea to let the tenant take the lead on this for practical reasons.

Regarding entry into the property, a landlord can enter a rental unit and do a maintenance inspection provided that the landlord provides the tenant with 24 hour written notice, specifying the date and time of entry between 8am and 8pm, as well as the reason for entry, the day of entry and the time of entry. The time of entry must be between 8:00 a.m. and 8:00 p.m. It is advisable to specify that the inspection will be done by a pest control company, along with you or your designated agent if you are out of town.

This link from our website explains the landlord’s obligations in treating the property, paying for the treatments, etc.: https://landlordselfhelp.com/blog/tenants-not-responsible-treatment-bed-bugs/

This link from the City of Toronto (as an example) covers the issue of furniture and usual disposal practices: https://www.toronto.ca/community-people/health-wellness-care/health-programs-advice/bed-bugs/

The lease wording will not override the landlord’s obligations to maintain the property and comply with health and housing standards. Working with the pest control company and getting proper cooperation from the tenant is crucial, so open communication, giving proper notices to enter, etc., will be very important in dealing with this problem.

It is the responsibility of the landlord to ensure the property is pest and vermin-free. This means that you are expected to do and pay for a thorough pest eradication, and this is best done by professionals. It is not relevant to the Board how the bugs get into the building, the landlord is responsible for the maintenance of the building including pest control.

Since there was a contractual obligation to get consent before installing an air conditioner, you can argue that failure to do this has substantially interfered with your reasonable enjoyment, lawful right or interest. This would mean serving an N5 notice. The N5 form must provide a termination date of at least 20 days after the notice is given and give detailed reasons for termination, such as specific dates and times of all the events that occurred. The N5 notice informs the tenant that if they correct the problem within 7 days of receiving the notice, the notice will be void and the tenant will not have to move out.

If the tenant fails to correct the situation, then you may file an L2 application with the Landlord and Tenant Board on or after the 8th day. The application must be filed within 30 days of the termination date on the N5. As a side note, when calculating the termination date for the N5, landlords must treat the day that they serve the notice to the tenant as day zero.

The forms and instructions are available here on the Board’s website: http://www.sjto.gov.on.ca/ltb/forms/

Although a landlord and tenant, by mutual agreement, can change or add locks to any door giving access to the property or unit, there may be certain restrictions to the type of locking system that may be used. These safety restrictions exist to make sure that there are no extra steps that are involved when an occupant – using normal force – is entering or exiting unit in an emergency situation. These restrictions may fall under either the Ontario Fire Code, or the Ontario Building Code. The type of door that is being locked may also factor in to whether or not the additional lock would be considered safe.

For clarification on this, we recommend contacting your local Fire Services Department using this interactive service directory: http://www.secondsuites.info/service-directory/

It is an offence under the Residential Tenancies Act for a tenant to change the locks and bar the landlord’s access to the rental unit. A landlord may write a letter to the tenant requesting that the chain lock be removed. If the tenant does not comply, a landlord may contact the Rental Housing Enforcement Unit at the Ministry of Housing at 416-585-7214. They can notify the tenant that he or she is committing an offence under the Act and can be fined. Read more about the process at this link: https://www.ontario.ca/page/solve-disagreement-your-landlord-or-tenant

If that does not get the tenant’s attention, you can serve an N5 Notice to Terminate Tenancy. When you issue the N5, you have to be as detailed as possible when describing the issues and include dates and times for when the incidents are occurring. The N5 is a 20-day notice but the tenants have the first 7 days to correct the problems (by giving you keys or changing the lock back, in this case). If the problems are not corrected in 7 days, you can file an L2 application at the Landlord and Tenant Board to go to a hearing and ask for termination of the tenancy.

Although a landlord may give an N13 notice to terminate a tenancy at the end of the lease term in order to do extensive renovations, this process would not work in this case. This is because tenants have the “right of first refusal” – in other words, they are allowed to move back into the renovated unit at their previous rent once renovations are complete.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N13 when there are less than 5 rental units in the property (3 months’ compensation for buildings with more than 5 rental units). The compensation must be given before the termination date on the notice.

If the current tenants do not move out of their own accord by the end of the fixed term tenancy agreement, landlords may want to explore the option of offering tenants compensation and/or moving expenses in exchange for terminating their tenancy by agreement, using Form N11.

The N11 is the right form to use if the landlord and all the tenants agree to terminate the tenancy. The form is available here: http://www.sjto.gov.on.ca/documents/ltb/Other%20Forms/N11.pdf

Remember to make sure that the correct unit address is listed on the form. Should the tenants fail to move out by the specified date, the follow-up forms would be the L3 Application and a Declaration.

If all the keys were returned, the tenant’s belongings are removed, and there are communications (i.e., text messages, e-mails, letters) showing the tenant’s intention to move out, then this is enough to trigger your right to clean the unit and show it to prospective tenants.

If the tenant were to pay all of the rent they owe, plus the costs of filing, and possibly even the Sheriff’s fees, then the tenant would void the eviction notice, and could stay in the unit. In that case, a landlord cannot assume that the tenant is definitely leaving.

If the payment is not made, then the landlord must apply to the sheriff for enforcement of the order unless the tenant has clearly moved out.

If you are 100% sure that the tenant has moved out, then you do not have to file with the Sheriff’s office. The problem for most landlords is that they cannot know for certain that the tenant is gone, so you should “err on the side of caution” when coming to the conclusion about whether or not the tenant still resides in the unit. It just helps to avoid being fined by the Board, or being taken to the Board by the tenant for illegal entry, if they were still living there.

We can only touch very briefly on what your rights are as a landlord, because until or unless the family law aspect of your situation has been clarified—presumably by a family court judge—the rights available to you as a landlord under the Residential Tenancies Act, contract law, etc. are available and relevant to both co-landlords. To get a better idea of how to bring the matter before the courts and what position to take if action is initiated by either party, we suggest that you speak to a family law lawyer. You can contact the Law Society Referral Service, where you will be connected with a lawyer for a free 30 minute consultation. Their website is https://lsrs.lsuc.on.ca/lsrs/ or they can be contacted by telephone  at 416-947-3330 or 1-800-268-8326 toll-free. Your options under the Residential Tenancies Act would be to: File an A1 application (which can be found at http://www.sjto.gov.on.ca/ltb/forms/with the aim of naming your former spouse as a party and asking whether or not the Act applies—or in this case, does not apply to the agreement between the landlord and the tenants. Alternatively, you could raise this as a preliminary issue at the beginning of your hearing if you file an L2 application to follow up your N12 notice(s). Please note if there are multiple units, then you must file an L2 application for each unit. Also, unless the rent is actually due on the 2nd day of each month, then I suspect that the N12 notice(s) served have the wrong termination date, it should probably have been July 31st. As the notes on the form state—“The termination date cannot be earlier than 60 days after the date the landlord gives the tenant this notice. Also, the date must be the last day of the rental period, or, if the tenancy is for a fixed term, the last day of the fixed term.” If you are re-serving the form because of this, the termination date will have to be the last day of the corresponding month if the rents are due on the 1st day of each month. My overall hunch is that the Board will assume their hands are tied with respect to deciding for or against either of you as landlord, as defined by the Act, given that you may both have collected rents. It is not their role to determine Landlord/Landlord disputes. I am not sure how much further we can comment on your situation, given that our role is to give summary advice to landlords who have difficulties with their tenants. Your tenants are caught in the middle of a landlord/landlord family law dispute, and are probably not too worried for the time being because the conflict is working in their favour.

As you might imagine, a situation such as yours is complex and difficult to separate into its component parts. There are no legislative guidelines to help determine the rights of what can loosely be called “landlord-landlord disputes.” These matters tend to be determined in the courts, and presumably the family court involvement may end up determining what rights each of you have in the context of property ownership, and in the landlord and tenant relationship. We only give advice to the small-scale landlord community. However, my own assumption in this matter is that if the tenant was to get legal advice on the issue, he would be told to deal with your ex-spouse exclusively, and to consider you to be a neighbouring tenant, rather than a landlord. This stems from the fact that your ex-spouse is the sole person who actually showed and rented the unit to the downstairs occupant, (presumably) charged him, and continues to charge him rent, and is the person responsible for issues like maintenance. Your ex has presumably not given the tenant any agency authorization letter to allow you to act on his behalf to enter the unit with proper written notice for inspections or repairs, so I imagine that is why you are getting resistance—he does not likely have to let you in unless the landlord has given him proper written notice or he consents to letting the landlord or his agent in at the time of the request.

A landlord is required to provide and maintain all vital services. A landlord cannot disconnect any vital service until possession of the rental unit is returned to the landlord by the Sheriff. The penalty for failure to provide and maintain a vital service is a fine of up to $50,000 if the landlord is an individual or $250,000 if the landlord is a corporation.

Tenants are allowed to have guests. If the tenants in your building are inviting, or allowing the former superintendent onto the property that is not considered trespassing and you have no say in the matter. However, if there are pending criminal proceedings, restraining orders, peace bonds or bail conditions that may be preventing him from accessing the property, then that is not really a landlord and tenant matter, and is therefore beyond the scope of our mandate. Perhaps you should consult a criminal lawyer in such circumstances.

The only thing you may be able to do at this point is increase the rent but this depends on how long the tenant has been living there because you can only increase the rent once every twelve months. In order to increase the rent you would have to give her 90 days notice using a prescribed form which is a Form N1, and increase it by the guideline amount for this year. As for asking her to leave, the N12 can only be served if the unit is required for the landlord, the landlord’s spouse, a child, or parent of the landlord. A brother or sister would not be considered immediate family in this case. With regards to the other issues, you may not have sufficient grounds yet to issue a Form N7, which is the notice given based on the reason that the tenant is interfering with the landlord’s reasonable enjoyment of the premises. In this situation, you have to be able to prove what is going on and how it’s affecting you or other people in the house. We suggest keeping a log to document any incidents that may be considered interference with reasonable enjoyment, for example, excessive noise or aggressive or abusive behavior by the tenant or her guests. This is important to have in case you do have to serve the N7 notice, as this notice requires you to provide a very detailed account of what is happening, including dates and times of each incident.

As a landlord you don’t have any control about the tenant having visitors. By law, the tenant does not have to inform the landlord in advance about their visitors and it is not considered trespassing when anyone is visiting the tenant, even when they stay overnight. A tenant has the right to have anyone visit as long as they are not disturbing anyone else in the house. If they are making excessive noise especially during late night hours then you can do something in this case. You should speak to the tenant first and ask that they refrain from making noise late at night.If the problem continues then you have the right to serve them with a legal notice based on the reason that they are interfering with your reasonable enjoyment of the premises. A Form N7 may be served in this case, visit the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/ to obtain the forms and more detailed information.

 

A tenant having another person stating in the unit even on a permanent basis does not mean that person will become a tenant at some point. That person can remain there, as an occupant, as long as you’re not receiving rent from him/her, and the rent is still being paid by the tenant. The only way that person becomes a tenant is if all parties are in agreement to add him/her as a tenant on the lease, and that person then starts paying rent to the landlord.

Currently the Residential Tenancies Act does not have any provisions about this particular issue, our understanding is that these costs cannot be passed on to existing tenants. However, for a new tenancy if the tenants will be paying for these charges it must be specifically addressed in the lease agreement as a separate charge.

You are correct in assuming that you do not have any remedy available at present to deal with a spike in utility increases. We recommend that you ask the tenant for the allowable rental guideline increase every year, using the proper Landlord and Tenant Board notice, as a way to help deal with some of the increased costs.

Upon proclamation of Bill 184, landlords can file an application for failure to pay utility costs with the LTB. The prescribed form is not yet available on the LTB website but once it is, it will be available at http://tribunalsontario.ca/ltb/forms/.

If the tenants agree to pay an extra charge for utilities that they were not paying for previously, the law states that the rent will then have to be adjusted and reduced to compensate for the removal of services that were previously included in the rent; otherwise it would still be considered an illegal rent increase. There is no particular form to be used in this case but it is recommended to have a written agreement that you can draft up yourself.

If you have an agreement where the water or other utilities are included in the rent, then there isn’t a way you can change it at this point. Whether the water is provided to you at a flat rate or on a metered basis, you cannot reduce or remove the service without their permission. If the tenants do agree to take on the responsibility of paying their own water, you would have to reduce the rent to compensate (using the average monthly cost of the reduced service) for the removal of services that was previously included in the rent.

Since this is a charge for utilities, it would not be considered rent and you cannot serve the arrears of rent notice. In this case, your recourse would be to serve a N5 notice to deal with the behaviour and interference with landlord’s rights issues. Once Bill 184 is proclaimed, landlords can file an application for failure to comply with utility costs with the LTB up to one year after the tenant moves out of the rental unit. The prescribed form is not yet available on the LTB website but once it is, it will be available at http://tribunalsontario.ca/ltb/forms/.

The city does not change the water bill to the tenant’s name, it remains in the owner’s name. Therefore when the bill is not paid the municipality does not try to collect from the tenant even though your tenancy agreement may state that the tenant is responsible to pay. Typically, the municipality will usually add these arrears to your property tax bill.

Once Bill 184 is proclaimed, landlords can file an application for failure to comply with utility costs with the LTB. The prescribed form is not yet available on the LTB website but once it is, it will be available at http://tribunalsontario.ca/ltb/forms/.

You cannot force the tenant to pay the gas bill, and the Landlord and Tenant Board does not acknowledge potential damage as grounds to terminate a tenancy. So, unless the tenant moves out you are faced with the following choices. You can either:

1 – Approach the tenant about agreeing to change the terms of the rental agreement to include gas and possibly hydro in the rent, in exchange for an increase in rent to reflect the average extra charge that you will incur, once the gas bills go into your name;

2 – Speak to the utility provider about making temporary payments to keep the utilities on. This may be difficult due to privacy law restrictions, and they may want the tenant to be involved in any changes.

3 – Switch the bill to your name anyway, and file an application with the LTB. Upon proclamation of Bill 184, landlords can file an application for failure to comply with utility costs with the LTB. The prescribed form is not yet available on the LTB website but once it is, it will be available at http://tribunalsontario.ca/ltb/forms/.

 Either of these scenarios will hopefully avoid a potential situation involving burst pipes, flood, insurance claims and so forth. Otherwise, the tenant may agree to vacate very soon, and if so, you should try to get a termination agreement signed (From N11). All the forms are available from the Landlord and Tenant Board website – www.sjto.gov.on.ca/ltb/forms/.

If this tenant has never paid for hydro, legally the tenant does not have to start paying now unless he agrees to it. However if he does agree to it, you will have to reduce his rent because he would now be paying for a service that was previously included in the rent.

Once Bill 184 is proclaimed, landlords can file an application for failure to comply with the utility costs with the LTB within one year from the date the tenant is no longer in possession of the rental unit. The prescribed form is not yet available on the LTB website but once it is, it will be available at http://tribunalsontario.ca/ltb/forms/.

If the tenant agreed to pay for hydro then the tenant is responsible for the entire hydro bill unless otherwise specified in the tenancy agreement. You can give your tenant a N4 Notice for Non-Payment of Rent if he/she has deducted any amount from the rent and the Landlord and Tenant Board can make a decision on the issue.

We do not generally recommend involving the new tenant at this point, because it is not really their problem. Since the contract with the new tenants begins on January 1st, you can only follow through on your contract if you have clear possession of the unit (for example, if the old tenant returns the keys) so that they can move in on the date agreed to. If you do not have possession and the new tenants do agree to bring the move-in date forward, then you can put the account in their name WITH THEIR CONSENT. Otherwise, I would say that you may have to temporarily be the account holder.

Once Bill 184 is proclaimed, landlords can file an application for failure to comply with utility costs with the LTB. The prescribed form is not yet available on the LTB website but once it is, it will be available at http://tribunalsontario.ca/ltb/forms/.

Pay the bill to avoid any further issues with the utility company. Once Bill 184 is proclaimed, landlords can file an application for failure to comply with the utility costs with the LTB within one year from the date the tenant is  no longer in possession of the rental unit. The prescribed form is not yet available on the LTB website but once it is, it will be available at http://tribunalsontario.ca/ltb/forms/.

We are not aware of any clear and definitive case law on the issue of the responsibility of parties when it comes to the providing, maintenance of and payment for rental hot water tanks. We are not sure if your own municipality has property standards that require the property owner to provide or maintain appliances like hot water tanks (most do not). Section 20 of the Residential Tenancies Act requires that the landlord maintain the premises and comply with all municipal health, safety, housing, and maintenance standards. So if there are no municipal restrictions on the landlord, then a properly worded lease may be a solid foundation for your argument that the tenant should pay you for what they contracted to, even if you cannot make them transfer the account or payment into their name. If they refuse to switch or pay you, and the amounts owing are significant enough to make it worth your while, you could file an application with the LTB for unpaid utilities.  The tenant will likely argue “implied use,” meaning that you failed to raise the matter soon enough, and have therefore accepted the current “arrangement” over time.

Once Bill 184 is proclaimed, landlords can file an application for failure to comply with utility costs with the LTB up to one year after the tenant vacates the rental unit.

The Residential Tenancies Act states that the landlord is responsible for “vital services” which are defined as hot or cold water, fuel, electricity, gas and heat unless the tenant expressly agrees to “obtain and maintain” the vital services. In order to have the tenant pay for the rental of the hot water tank the lease agreement should be specific and state that “the tenant expressly agrees to obtain and maintain all vital services including heat, electricity, water, hot water and rental of hot water tank”.

Requiring the tenant to pay additional costs at year end is not a reasonable arrangement. There are often problems related to collecting the difference later on without it being considered some form of illegal additional charge.

If you already have a lease that is all inclusive there isn’t a way you can change it at this point unless the tenants agree, in writing. However, even if they do agree you would then have to reduce the rent to compensate for the removal of services that were previously included in the rent. You’re allowed to increase the rent once every twelve months, as long as the proper guidelines are followed.

Section 125 of the Residential Tenancies Act, 2006 only allows such changes by agreement, and then requires the rent to be reduced by a prescribed amount if the parties both agree to the change. Usually this means that the rent will be reduced by the average actual cost to the landlord. So if the water costs $600 per year on average, then the monthly rent would be reduced by $50 – since the tenant will have to likely pay this amount, separate from their rent, to the utility company or provider. Decrease in services, etc. “25. A landlord shall decrease the rent charged to a tenant for a rental unit as prescribed if the landlord and the tenant agree that the landlord will cease to provide anything referred to in subsection 123 (1) with respect to the tenant’s occupancy of the rental unit. 2006, c. 17, s. 125.” Section 125 deals with parking or a list of 12 other services or facilities, namely: 1. Cable television. 2. Satellite television. 3. An air conditioner. 4. Extra electricity for an air conditioner. 5. Extra electricity for a washer or dryer in the rental unit. 6. Blockheater plug-ins. 7. Lockers or other storage space. 8. Heat. 9. Electricity. 10. Water or sewage services, excluding capital work. 11. Floor space. 12. Property taxes with respect to a site for a mobile home or a land lease home. O. Reg. 516/06, s. 16 (1). We realize this is not the answer you were expecting, but we hope it has been helpful.

In this situation, you don’t really have too many options. Since the utilities are already included in the rent, there is no legal way to have the tenants pay for the excess costs of the hydro/water. The only way that would be permissible is if the tenants agree to start paying for the utilities. However, even if they do agree to start paying for the utilities now, you would have to reduce the rent to compensate for the removal of a service that was previously included in the rent.

There aren’t any particular rules set out in the law about utilities and how one would distribute the costs in a situation such as yours. Therefore, this is a matter to discuss with the tenants and try to come up with a reasonable distribution plan for the bills.

If you already have an agreement in place where the utilities are included in the rent you cannot change it at this point unless the tenant agrees to it. However, even if the tenant did agree to pay a portion of the utilities you will have to reduce the rent to compensate for the removal of this service that was previously included in the rent.

Unfortunately we do not know of a way that you can protect yourself should the tenant decide to remove their name from the account, other than requesting that Toronto Hydro notify you if this happens.

If you have an agreement where the utilities are included in the rent there isn’t a way you can change it unless the tenants agree, in writing. However, even if they do agree to start paying for the utilities now you would then have to reduce the rent to compensate for the removal of services that were previously included in the rent. The only other option you have is to increase their rent if they have already been there for twelve months, the rent increase guideline for 2020 is 2.2% and you would give them 90 days’ notice using the prescribed form which is Form N1.

A landlord cannot charge extra when a tenant acquires an air conditioner unless it has been clearly specified in a written tenancy agreement that the tenant will pay extra if they chose to have an air conditioner.

If the utility accounts are in the tenant’s name and they default the landlord will not be held responsible. The utility companies have to collect from the person who is on the account.

In this situation the only suggestion we have for you is to try contacting The Office of The Public Guardian and Trustee and see what they can do in this case. I’ve included the link to their website for more information,

https://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/

You can obtain rental applications as well as the rental agreement forms online. However due to legislative changes, a standardized lease agreement will be released in the near future, which landlords will be required to use. If you live in Toronto you can also drop in to our office and obtain these forms here, there is a charge of $3.00 for the two forms. To conduct a credit check we usually suggest hiring an agency that provides this service for landlords, the following are organizations that provide this service:

DISCLAIMER: LSHC does not warrant or endorse the services provided by the above the organizations.

All businesses operating in Canada are affecting and restricted by the Personal Information Protection and Electronic Documents Act (PIPEDA). As stated in the Frequently Asked Questions section of the Privacy Commissioner’s Website, “Once an organization or landlord has collected any personal information, it takes on new risks and responsibilities under PIPEDA. PIPEDA requires any private organization that collects your personal information to also protect it against unauthorized loss, theft or disclosure. Because credit bureaus—which are used by many landlords—collect, use and disclose personal information through their consumer credit reports, they are also governed by provincial and federal privacy laws. ” Disclosing information about a current or prior tenant to others requires that person’s written consent. Here is a link to a Privacy Commissioner’s report regarding a complaint about an organization that maintained a bad tenant list and distributed information to others, without their consent. http://www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2016/pipeda-2016-002/. There may also be provincial statues that also impact on the concept of “Bad Tenant” lists, but overall we usually ask that landlords focus their attention on dealing directly with other landlords who understand and use up to date and PIPEDA-safe rental applications and leases, in order to avoid allegations of privacy abuse by would-be tenants. Sharing information about tenants in the context of screening after proper consent has been obtained is the most effective way to approach this issue.

Every person has the right to equal treatment with respect to the occupancy of accommodation. You CANNOT discriminate on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, handicap or the receipt of public assistance.

When purchasing a property with existing tenants you are assuming the tenants and the agreements they have with the current landlord whether it’s written or verbal. The fact that they don’t have a lease will not make much of a difference at this point since they are already established as tenants. As the purchaser, you cannot ask them to sign a lease with you unless they agree to it. If your plans are to renovate the building, there are certain conditions that must be met in order to terminate the tenancies. I’ve included a link to the Residential Tenancies Act below, take a look at the sections pertaining to this issue which are sections 50 to 54. http://www.ontario.ca/laws/statute/06r17

You can request files under a tenant’s name by filing a Request for Records. Please visit http://tribunalsontario.ca/en/sjto-requesting-records-in-tribunals-ontario-files/ to learn about this process.

It is not a mandatory requirement for a new tenant to provide the landlord their SIN, landlords can ask but they are not obligated to provide it. It could also be considered a form of discrimination, the text below is part of the Policy on Human Rights and Rental Housing which explains the reason why landlords are discouraged from asking for a SIN from prospective tenants, 4.2.5 Social Insurance Number (S.I.N.) information Some landlords require that applicants provide their Social Insurance Numbers (e.g.on rental application forms) usually to conduct a credit check. A person’s Social Insurance Number may potentially reveal information about that person that is not relevant to securing a rental premise, for example, that the applicant is a refugee. Since the disclosure of such information may expose a person and their household to potential discrimination, it is the OHRC’s position that housing providers should use means other than Social Insurance Numbers to conduct credit checks. Service Canada, a part of the federal government, specifically discourages private sector organizations, including landlords negotiating leases, from asking for a Social Insurance Number.

If you do not have a standard rental application form, you should obtain one online or you can visit our office and get it here or online in the members’ area. A typical rental application will ask information such as references, employment info, previous landlords, etc. It also includes a clause that authorizes you to do a credit check. We recommend asking each prospective tenant to complete a Rental Application to ensure that you are collecting the same information from all (whether the information you request is provided or not another issue). You are allowed to ask for a deposit with their application or you can just accept the application and obtain the deposit once you decide to rent to them.

In order to access credit related information about a prospective tenant you must have their authorization to do so. Most rental applications contain a standard clause authorizing this.

The next step is accessing information contained in their credit record, you can try reaching out to your realtor or credit check agencies. The following are examples of agencies that provide credit check services for landlords:

DISCLAIMER: LSHC does not warrant or endorse or the services offered by the organization listed above.

There are two main aspects to screening a prospective tenant: 1. Checking the credit worthiness of the applicant; and 2. Checking the rental history of the applicant. An up to date rental application will allow you to gather the same information from all applicant(s).

The application should contain a clause that allows you to obtain a credit report, to contact employers or income providers, current and (most importantly) previous landlords and other references. The application should also assure the applicant that the information collected will not be disclosed to third parties. Rental applications from Self Counsel Press are very good, and are usually available from Staples stores. The LSHC rental application is available from our office for $1, we do not sell them electronically on-line. Members of Landlord’s Self-Help Centre  can access the application for free from the member’s page on our web site.

Visit https://landlordselfhelp.com/membership-program/ to learn more about our membership program. To do a credit check, we recommend you use a service that will provide you a credit report on the applicant.

There are two main aspects to screening a prospective tenant: 1. Checking the credit worthiness of the applicant; and 2. Checking the rental history of the applicant. An up to date rental application will allow you to gather the same information from all applicant(s).

The application should contain a clause that allows you to obtain a credit report, to contact employers or income providers, current and (most importantly) previous landlords and other references. The application should also assure the applicant that the information collected will not be disclosed to third parties. Rental applications from Self Counsel Press are very good, and are usually available from Staples stores. The LSHC rental application is available from our office for $1, we do not sell them electronically on-line. Members of Landlord’s Self-Help Centre  can access the application for free from the member’s page on our web site.

Visit https://landlordselfhelp.com/membership-program/ to learn more about our membership program. To do a credit check, we recommend you use a service that will provide a credit report on the applicant.

Landlords should use a rental application and have ALL prospective tenants complete it as this ensures that the same information is collected from all prospective tenants. Typically, a rental application requires information related to employment, current and previous landlords, banking information and, most importantly, a clause authorizing the landlord to conduct a credit check. The landlord is not be permitted to access the tenant’s confidential credit information unless the prospective tenant provides written consent agreeing to permit a credit check. There are limited circumstances under which access to an individual’s credit information may be gained; one of them is for the purpose of approving an application for rental accommodation. If a prospective tenant refuses to provide all the requested information (rental history and credit references) the landlord can then proceed to use the income information to determine eligibility. IMPORTANT: Landlords may only request income information if rental history, credit references and authorization to perform a credit check is also requested. Income information cannot be used as the sole reason to decline an application.

Landlords may use income information, credit checks, credit references, rental history, guarantors and other similar business practices to screen tenants as prescribed in the regulations made under the Ontario Human Rights Code. Landlords are encouraged to use a rental application. This ensures that the same information is collected from all prospective tenants. Typically, a rental application requires the prospective tenant to provide information related to employment, their current and previous landlords, banking information and, most importantly, to sign a clause authorizing the landlord to conduct a credit check. The landlord is not be permitted to access the tenant’s confidential credit information unless the prospective tenant provides written consent agreeing to permit a credit check. There are limited circumstances under which access to an individual’s credit information may be gained; one of them is for the purpose of approving an application for rental accommodation. If a prospective tenant refuses to provide all the requested information (rental history and credit references) the landlord can then proceed to use the income information to determine eligibility. Landlords may request income information only IF rental history, credit references and authorization to perform a credit check is also requested. Income information cannot be used as the sole reason to decline an application.

When selecting tenants, the Residential Tenancies Act gives landlords the rights to use income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in the regulations made under the Human Rights Code. Use a pre-printed rental applications to ensure you are collecting the same information from all prospective tenants.

You are permitted to advertise for a non-smoking tenant and you should also include a no smoking clause in your tenancy agreement. If the tenant does not comply then you’ll have to issue a notice, which asks them to stop this activity within a specified time period. If the problem is not corrected then you could file an application to the Landlord and Tenant Board seeking termination of tenancy.

The issue of insurance is not really addressed in the Residential Tenancies Act. All landlords are encouraged to include a clause in their tenancy agreements specifying that the tenants are responsible to obtain their own contents insurance. This will usually minimize the chances of the tenant claiming that the landlord is responsible when a problem arises. However, if a problem occurs due to negligence on the part of the landlord, the tenant could still claim compensation from the landlord despite any clause in the agreement. Our understanding is that including these clauses in a tenancy agreement may not completely absolve the landlord of any responsibility. When dealing with insurance issues we suggest consulting a lawyer as it is not an issue that is clearly addressed in the law. The Law Society Referral Service can refer you to a lawyer or paralegal, you can reach them at www.findlegalhelp.ca or by telephone at 1-855-947-5255.

If the tenant has not complied with this provision of the lease agreement you don’t have much recourse. The Residential Tenancies Act does not include any provision requiring tenants to obtain insurance and does not provide any remedy for landlords, it is not grounds for eviction. The purpose of having this clause in your lease is to clarify that it’s the tenant’s responsibility to obtain insurance and it protects you against certain claims the tenant might have if a problem arises.

The Residential Tenancies Act does not include any provision requiring tenants to obtain insurance. Landlords should have property insurance to cover their rental units. However, it is recommended that landlords include a clause in their tenancy agreement stating that the tenant is responsible to obtain their own contents insurance.

The landlord must wait a 72-hour period following the eviction of the tenant before selling, retaining, or disposing of the property. The landlord must make the evicted tenant’s property available for retrieval at location close to the rental unit between the hours of 8 am and 8 pm. The landlord may face severe consequences for failure to allow tenant access to their belongings during the 72-hour period following the eviction.

When the landlord attends the Enforcement Office the landlord will be required to pay a $315.00 fee PLUS mileage costs for every kilometer the Sheriff has to travel from the courthouse to the eviction address. The specific mileage amount depends on where the rental property is located. The local Sheriff’s office should be contacted regarding their fees. If the landlord is unable to change the locks himself, they will have to use a locksmith and pay those fees as well.

A tenant can only be evicted by the Sheriff pursuant to an order from the Landlord and Tenant Board. It is the landlord’s responsibility, in the presence of the Sheriff’s Officer, to change the locks on the rental unit. If the landlord is unable to change the locks him or herself, a locksmith should be scheduled to attend while the Sheriff’s Officer is at the rental unit.

You can file with the Sheriff’s office for an eviction, usually the next day. The sheriff’s procedure can take approximately two to three weeks. You will have to arrange a locksmith to change the locks the day the Sheriff comes to evict the tenant, unless you are able to do this yourself.

It is not possible to evict only the husband. They are both names as joint tenants therefore both will have to be named on the N5.

The Landlord and Tenant Board will not normally evict a tenant for an illegal act unless the tenant has been charged while in the unit, and/or the act is serious enough that it has the potential to affect the character of the premises or to disturb the reasonable enjoyment of the landlord or other tenants. The Board’s Guideline #9 – EVICTION FOR AN ILLEGAL ACT OR BUSINESS http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/09%20-%20Eviction%20for%20an%20Illegal%20Act%20or%20Business.html provides some clarification as to the circumstances in which the Board will evict a tenant or occupant of the rental unit for an illegal act. With respect to collecting rent from these tenants, if they default on payment, you can serve them with an N4- Notice to End a Tenancy Early for Non-Payment of Rent.

The landlord must first obtain an order from the Landlord and Tenant Board directing that the tenancy is terminated. The landlord must take the order to the Superior Court of Justice Enforcement Office (Sheriff’s Office) to schedule an eviction. Present one certified order issued by the Landlord and Tenant Board and one copy of the order to the Enforcement Office together with a completed Eviction Information Request sheet (provided by the Enforcement Office). The landlord will receive instructions from the Enforcement Office that specify a vacate date. The Sheriff will send a Notice to Vacate to the tenant instructing the tenant to leave the rental unit on or before a specific date. The landlord MUST contact the Enforcement Office to schedule and eviction if the tenant fails to vacate by the date specified in the Sheriff’s notice to vacate. The landlord will be informed of the date and time the Sheriff will attend at the rental property to enforce the eviction order.

The police cannot help you in matters such as these since it’s a civil matter. In order to get this person out, there has to be grounds to terminate her tenancy. Based on what you have described, you would have grounds to evict based on non-payment of rent. In order to serve a proper notice, you will have to know the amount of rent she was supposed to be paying, when she stopped paying, and her full name. If you have all this information, you can serve her with a notice of non-payment of rent which is a Form N4. This is a 14 day notice which advises her to pay the arrears or move out. If she does neither, then the next step would be to file an application with the Landlord and Tenant Board to go to a hearing and obtain an order for termination. The forms required to apply are Form L1 along with a Certificate of Service. All these forms can be obtained from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/. If you’re willing to negotiate an agreement with her to vacate the premises, there is a mutual agreement form that both you and the tenant would have to sign; it’s called a Form N11- Agreement to Terminate a Tenancy. This form is also on the Board’s website under the Other Forms section of the site.

If you are successful in obtaining an order for termination and arrears, the order will require the tenant to pay the whole rent, and usually the application fee of $201 (in-person filing) and $186 (online through e-File) in order to avoid the eviction. If the tenants then fail to leave or pay and you have to file for enforcement of the order with the Sheriff, then the tenants would have to pay that fee as well in order to avoid eviction. If the tenants are  evicted and you want to try to re-coup rent arrears and the fees, you would do that later on through Small Claims Court. You cannot make mention of damages done to the unit at the hearing unless you claimed these amounts by filing an L2 application when you filed the L1 for rent arrears.  However, upon proclamation of Bill 184, landlords can file an application for damages (including Sheriff’s fees) with the LTB within one year from the date the tenant was no longer in possession of the rental unit. However, you will need to know the tenant’s new residential address.

If you have all tenants under one lease, the tenancy ends only when all tenants give notice to terminate. There really isn’t a specific way to ensure that all the tenants leave at the end of the lease term. One suggestion is to ask them to provide you with the N9 notice 60 days prior to the lease expiring or have them all sign the N11- Agreement to Terminate a Tenancy form. If they all sign N9 or N11 and then one fails to move out, you would have to file an L3 Application with the Board to evict the remaining tenant(s). In the event that you cannot get all of them to sign the N9 or N11 and this one individual will not leave, legally there is nothing you can do to get him out at that point. However, since they were all under one lease they are all equally responsible for the rent, therefore if he stays and the rent is not paid in full you would then be able to give notice based on the non-payment of rent.

Only the Sheriff’s Department has the authority to evict a tenant. An eviction occurs when the tenant fails to vacate the premises after an Order has been issued by the Landlord and Tenant Board. The landlord must arrange for the eviction and pay the necessary fees. The Sheriff will return possession of the premises to the landlord. If the tenant refuses to leave the premises in the presence of the Sheriff’s officers, the local police will be called to provide assistance. The Sheriff’s Department does not remove belongings.

There is nothing in the Residential Tenancies Act that refers to charging the tenant storage fees during the 72 hour period the tenant is allowed to retrieve their belongings. However, after the 72 hour period passes, if the tenant has not made arrangements with the landlord to retrieve their belongings, the landlord can sell, keep or dispose of them. In cases where the landlord still has the belongings, the tenant can be required to pay storage fees, fees for arrears or damages before the landlord returns the belongings.

If your tenant is always paying the rent late, you should be serving him a notice of non-payment of rent (Form N4) each time the rent is not paid on the due date. You need to have documentation to prove the late payments, and the best way to do this is by serving notice Form N4. Once you have served several of these notices then you could serve him a termination notice based on persistent late payments which is a Form N8.

If a landlord fails to allow the tenant access to their belongings during the 72-hour period following the eviction by the sheriff’s department, the Board may do one or more of the following: 1. Order that the landlord not breach the obligation again; 2. Order that the landlord return the former tenant’s property that is in the possession of the landlord; 3. Order that the landlord pay a specified sum to the former tenant for, a. The reasonable costs that the former tenant has incurred or will incur in repairing or replacing the former tenant’s property that was damaged, destroyed or disposed of as a result of the landlord’s breach, and b. Other reasonable out of pocket expenses the former tenant incurred or will incur as a result of the landlord’s breach. 4. Order that the landlord pay the Board an administrative fine not exceeding the greater of $10,000 and the monetary jurisdiction of the Small Claims Court; 5. Make any order that it considers appropriate.

If the tenant does not come for their belongings within the 72 hour period then you are allowed to sell, retain or dispose of their property. Section 41 of the Residential Tenancies Act outlines this in more detail:

41. (1) Disposal of abandoned property if unit vacated  – A landlord may sell, retain for the landlord’s own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with,

(a) a notice of termination of the landlord or the tenant;

(b) an agreement between the landlord and the tenant to terminate the tenancy;

(c) subsection 93 (2); or

(d) an order of the Board terminating the tenancy or evicting the tenant.

(2) Where eviction order enforced  – Despite subsection (1), where an order is made to evict a tenant, the landlord shall not sell, retain or otherwise dispose of the tenant’s property before 72 hours have elapsed after the enforcement of the eviction order.

(3) Same – A landlord shall make an evicted tenant’s property available to be retrieved at a location close to the rental unit during the prescribed hours within the 72 hours after the enforcement of an eviction order.

Section 41(1) of the Residential Tenancies Act states a landlord may sell, retain for the landlord’s own use or otherwise dispose of property in a rental unit or residential complex if the tenant vacated according to: a) a notice of termination given by the landlord or the tenant; b) an agreement between the landlord and tenant to terminate the tenancy; or c) an order of the Landlord and Tenant Board terminating the tenancy or evicting the tenant.

If a tenant dies and there are no other tenants in the unit, the tenancy is deemed to be terminated 30 days after the death of the tenant. – The landlord must preserve any property of the tenant who has died other than property that is unsafe or unhygienic – The landlord must provide reasonable access to the rental unit to allow the executor of the estate or family member to remove the tenant’s property. – The landlord is permitted to sell, retain for the landlord’s own use or dispose of the property once 30 days have passed from the day the tenant died. – The Act states that if within six months of the tenant’s death the executor or administrator of the tenant’s estate or a family member claims any of the property that the landlord has sold, the landlord shall pay to the estate the amount of the proceeds from the sale, after deducting the landlord’s reasonable out of pocket expenses for moving, storing, securing or selling the property; and/or any arrears of rent owing. – Where the landlord has retained the belongings for his own use, if the executor or administrator of the tenant’s estate or a family member claims the property, the landlord shall return the property to the tenant’s estate

There are different rules about this depending on the circumstances that the tenant moved out. Please look at our Fact Sheet on Abandoned Belongings to find out these rules  https://landlordselfhelp.com/media/Tenant-Belongings.pdf

We are not aware of a way that you could sell this vehicle without having the ownership. The Residential Tenancies Act does state that a landlord can sell, retain or dispose of belongings left behind by a tenant but it does not make any specific reference to abandoned vehicles. You might have to speak to a lawyer about this. Contact the Law Society Referral Service online at www.findlegalhelp.ca. They will refer you to a lawyer and you are entitled to receive a free 30 minute consultation.

If the tenant was evicted pursuant to an order of the Landlord and Tenant Board, the landlord must wait 72 hours following the enforcement of the eviction before the landlord can do anything with the belongings. The Residential Tenancies Act allows evicted tenants 72 hours to retrieve their belongings. The landlord must make the belongings available for retrieval between the hours of 8 am and 8 pm at a location close to the rental unit. It is an offence under the RTA if the landlord fails to make the belongings available after the sheriff’s enforcement of the order.

If the tenants moved out pursuant to the notice of termination and the tenant has returned the key, any belongings they left behind can now be disposed of. In this case there is no particular time period that you would have to wait before disposing of the belongings. This provision is set out in the Residential Tenancies Act, Sec. 41 (1)(a).

Different rules apply with respect to belongings left behind. It all depends on the circumstances in which the tenant has moved out. Below is a link to our Fact Sheet on Abandoned Belongings  https://landlordselfhelp.com/media/Tenant-Belongings.pdf

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.

However, the tenant has two years to file an application against the landlord if the landlord served an N13 and failed to provide right of first refusal.

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

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.

The Residential Tenancies Act defines a tenancy agreement as a written, oral or implied agreement between a tenant and a landlord for the right to occupy a rental unit.

Recent changes to the Residential Tenancies Act, which became effective April 30, 2018, now require landlords to use Ontario’s Residential Tenancy Agreement (Standard Form of Lease) for all written tenancy agreements entered into on or after April 30, 2018.

Whatever tenancy agreement was in place when the tenancy commenced must continue as is. So unless they are willing to sign a lease, you cannot insist that they do so.

However, if the tenants do want a written tenancy agreement, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at http://www.mah.gov.on.ca/Page18704.asp

When you purchase a property with existing tenants you have to assume whatever agreement the tenants had in place with the previous owner. When the initial tenancy agreement expires, the tenancy continues on a month to month basis and you cannot require the tenants to sign a new lease.

However, if the tenants do want to sign a new lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at http://www.mah.gov.on.ca/Page18704.asp

There is no specific form for this purpose, you can usually just draft up an Addendum to the lease which is just a page you attach to the lease entitled Addendum stating the changes or additions and have all parties sign it.

It would seem that the lease allows one parking space. Whether or not the tenant has a car, she gets a space, as you mentioned, for her own “Lessee’s private passenger vehicle.” Therefore, according to the lease, she is entitled to a spot. The problem with enforcing this kind of wording in a lease is that you would have to prove that parking another vehicle in that space, her guest or someone else’s car, impacts on your right or enjoyment as a landlord. Or that it impacts the rights or enjoyment of another tenant in the building.

The tenancy continues as a statutory tenancy under the same terms and conditions of the original lease. The landlord is not obliged to sign another fixed term agreement after the initial agreement expires nor is the tenant.

However, if both you and the tenant want to sign another lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at http://www.mah.gov.on.ca/Page18704.asp

The responsibility for maintaining the property ultimately falls upon the owner and this includes clearing snow and mowing the lawn if the tenant fails to live up to the terms of the agreement.

If the tenant does not comply with this provision of the agreement the landlord doesn’t have much recourse, the Residential Tenancies Act does not set out any remedy for the landlord in this case. The purpose of including this clause in the rental agreement is basically to protect yourself against certain claims the tenant might have in the event of a problem.

If the tenants do not comply with the agreement, as specified in your written tenancy agreement, and paint in dark colours this may be considered damages. In this situation you could serve them with a notice of early termination based on damages (Form N5) in which they have 7 days to correct the problem. If they have already moved out, upon proclamation of Bill 184, landlords can file an application for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit.

If your tenancy agreement prohibits pets, that provision is void and not enforceable. Tenants are allowed to have pets. If problems occur as a result of the pet the legislation provides a variety of remedies.

Under the Residential Tenancies Act, tenants are allowed to have visitors/guests as long as they do not disturb or cause a problem for anyone else in the house. Therefore it may be difficult to enforce this rule even if it is stated in the rental agreement.

It is fairly common for a tenant to split the costs of renting by bringing in a permanent guest, roommate or “undertenant”. The Residential Tenancies Act includes no remedy for a landlord in such cases, because it does not consider it to be unlawful. A landlord can neither raise the rent to reflect the additional utility use, and wear and tear on the rental unit, nor prevent the tenant from having the roommate, as long as local municipal bylaws on occupancy standards are respected. The existence of a roommate in a tenant’s unit is not something the landlord can do anything about unless the “tenant” is required to share a kitchen or bathroom with the owner or the owner’s immediate family members as defined in the Act.

The tenant is not required to move at the end of the lease. Landlords often expect that a tenant will vacate at the end of the lease, however, there is no requirement under the Residential Tenancies Act to do so. If you have a fixed term tenancy agreement with the tenant and it expires, the tenancy continues on a month to month basis as a statutory tenancy under the same terms and conditions of the original lease.

Standard forms such as rental application can be found online. LSHC offers a rental application form that can be purchased at our office for $1.00 or available online in the members’ area under ‘rental tools’.

If landlords do not use the Standard Form of Lease when entering into a written tenancy agreement on or after April 30, 2018, they will have 21 days to provide one to the tenant after the tenant makes a written request.

If the landlord does not provide the tenant with a Standard Form of Lease after the written request was made, the tenant is allowed to withhold one month’s rent, or give the landlord a 60 days’ notice to end their tenancy early.

If the tenant chooses to withhold the rent, the landlord has 30 days to provide the tenant with the Standard Form of Lease. If the landlord does not do this, the tenant does not have to repay that month’s rent.

Note: The tenant is only allowed to withhold one month’s rent, and is expected to continue paying their rent for the rest of the tenancy.

The Ontario Residential Tenancy Agreement (Standard Form of Lease), can be found at http://www.mah.gov.on.ca/Page18704.asp

Ontario landlords entering into a written residential tenancy agreement on or after April 30, 2018 are required to use the Residential Tenancy Agreement (Standard Form of Lease) developed by the Ministry of Housing. A copy of this Standard Form of Lease is available at http://www.mah.gov.on.ca/Page18704.aspx

Under the Residential Tenancies Act a tenant has the right to stay after the end of the lease term and they are not obligated to renew for another term, they can just remain on a month to month basis and under the same terms and conditions of the expired lease.

When you purchase a property with existing tenants, you assume whatever agreement they have in place with the previous owner even if it was a verbal agreement. They are not obligated to sign a new agreement with you, they can just carry on under the same terms and conditions of the original agreement.

However, if both you and the tenant want to sign another lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at http://www.mah.gov.on.ca/Page18704.aspx

The simplest way to understand your situation is to say that as long as either one of the co-tenants occupy the rental unit that you rented to both of them originally, the original tenancy obligations might continue indefinitely. All three of you will have to agree to either end the tenancy completely, or to let one of the co-tenants out of the lease. They each have a joint a several responsibility to pay the rent, even if the other moves out or dies. If the wife agrees to let the husband be removed from his responsibility to the lease, it will not happen unless you also agree to the change. If you do agree (in writing), then the wife will have to pay the full rent herself, and will probably be forced to find a roommate to help her do so. If the wife fails to pay the full rent in the current scenario (and the husband fails to bail her out by paying), you would serve an N4 Notice to Terminate for Non-payment of Rent in both names, and file an L1 eviction application if needed. If a roommate does move in, however, the wife does not need your permission for this if the roommate is going to only pay rent to the wife. If the wife wants the roommate to be added to the lease as a co-tenant, you would screen that person the same way you would for any new applicant.

Ontario landlords entering into a written residential tenancy agreement on or after April 30, 2018 are required to use the Residential Tenancy Agreement (Standard Form of Lease) developed by the Ministry of Housing. A copy of this Standard Form of Lease is available at http://www.mah.gov.on.ca/Page18704.aspx

Under the Residential Tenancies Act when a lease expires the tenants are allowed to remain on a month to month basis, they are not obligated to renew the lease for another 12 month term.

However, if both you and the tenant want to sign another lease, you must use the Ontario Residential Tenancy Agreement (Standard Form of Lease), which can be found at http://www.mah.gov.on.ca/Page18704.aspx

If you allow the tenant to drop off “a few boxes” you are allowing them to live there as of that moment, because putting their belongings in is the same as moving themselves in. This just moves the occupancy date forward, so perhaps if you ask them to pay the additional rent up front they will be less inclined to move in early.

If a tenant assigns a rental unit without obtaining the landlord’s consent, the landlord may apply to the Landlord and Tenant Board for an order to evict the “unauthorized” occupant. The landlord must make this application within 60 days of discovering the unauthorized occupant.

A tenant may give the landlord notice of termination within 30 days of the date an assignment request is made if the tenant asked the landlord for consent to assign the rental unit …

a) and the landlord refused;

b) and the landlord did not respond within 7 days of the request;

c) to a potential assignee and the landlord refused consent to the assignment of the rental unit;

d) to a potential assignee and the landlord did not respond within seven days after the request is made.

All landlords should be aware that:

  1. The assignment of a rental unit to a potential assignee cannot be arbitrarily or unreasonably refused;
  2. A landlord who has given general consent to the assignment can refuse consent to a specific assignee;
  3. A landlord may only charge a tenant reasonable out of pocket expenses incurred in giving consent.

There aren’t any particular forms to use. Ensure the outgoing tenant gives you a letter confirming that he/she is leaving. With regards to the new person, you can include an addendum to the lease stating that this new person will become a new tenant and assume the outgoing tenant’s share of the lease.

When a tenant “assigns” a rental unit, the tenant gives up all rights and responsibility related to the rental unit and tenancy agreement and assigns them to a new tenant.

The Residential Tenancies Act establishes several rules related to the issue of “assignment”. There are two types of consent for assignment, “general consent” or “specific consent”.

If a tenant requests the general consent of the landlord, the landlord may either consent to the assignment or refuse to consent.

If a tenant is seeking “specific consent” the landlord may,

  • consent to the assignment of the rental unit to a potential assignee;
  • refuse consent to the assignment of the rental unit to the potential assignee; or
  • refuse consent to the assignment of the rental unit.

A landlord cannot unreasonably or arbitrarily refuse consent to an assignment of  a rental unit to a potential assignee.

If the tenant has asked for your consent to assign the tenancy, you have the option of refusing consent. However, if you refuse the tenant has the option to give 30 days’ notice and terminate the lease. Please review our Fact Sheet on Subletting and Assignment to get a better idea of how it works, here is the link, https://landlordselfhelp.com/media/Subletting-and-Assignment.pdf.

If your tenant has moved out for certain and left someone else in the unit without asking you for consent to assign or sublet the unit, that person is considered an unauthorized occupant. If this is the case then you will have to file an application with the Landlord and Tenant Board to evict the unauthorized occupant. The application you need to file is a Form A2 – Application About a Sublet or an Assignment. This application MUST be filed within 60 days of discovering the unauthorized occupant. The Board will schedule a hearing and issue a decision to evict whoever is living there.

The provisions for subletting a rental unit under the Residential Tenancies Act apply to all tenancies whether they are for a fixed term or not, subject to the consent of the landlord. In a sublet situation, the sublet agreement must end on a specific date BEFORE the end of the tenant’s term or period.

This seems like a sublet situation but if a tenant plans to sublet their unit the tenant must get the landlord’s consent and they also have to have a sub tenancy agreement between themselves. If you find out that she has sublet without your consent there is an application you could file with the Landlord and Tenant Board to terminate the tenancy (Application A2).

You may be able to do something about the fact that the tenant sublet his unit without your consent, which would be to file an application with the Landlord and Tenant Board to terminate the tenancy and evict the unauthorized occupant. However, there is nothing you can do with regards to the person being a minor. The Residential Tenancies Act does not make any reference to age, in fact under the Human Rights Code, landlords cannot deny accommodation based on the person being under age.

The Board member will decide whether to hear from the parties on some or all of the issues raised in the request to review. It is recommended that you be prepared to address all the issues in both the request to review and the original application. Below is a link to the Board’s Interpretation Guidelines on Review of an Order so you can get a better idea on how the Board deals with this issue, http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/08%20-%20Review%20of%20an%20Order.html.

The first thing you should try is writing a letter to the tenants advising them that the smoke is bothering you and request that they smoke outside. If they do not comply you could then serve them with the legal notice (Form N5) that states that they are interfering with your reasonable enjoyment of the premises. When they are served with this notice they have seven days to correct the problem and if not corrected then you can file an application with the Landlord and Tenant Board to terminate the tenancy. It is uncertain that you would be successful in this case because the tenants could argue that their tenancy agreement did not include a non-smoking clause.

You can issue a Form N5 based on the reason that she is interfering with the reasonable enjoyment of the premises by the landlord and/or other tenants and not complying with the agreement.

A landlord can give a notice to a tenant for interfering with the reasonable enjoyment of the landlord, if the landlord resides on the residential premises, and/or of the tenants if the tenants have complained about the smoke. If damage is associated with the smoking, you should get an estimate for the cost of repairs and incorporate this reason into your notice. The same notice, which is the Form N5, can be given for both reasons. You can then ask for compensation for the damage in the same application. It takes normally three to four weeks to schedule a hearing at the Landlord and Tenant Board. You can represent yourself at the Board but, depending on the case, it may be a good idea to obtain legal representation. This is one of those issues that is not that straight forward and Board decisions have varied based on this issue.

As you may be aware there aren’t any by-laws on smoking in private residences, however landlords are allowed to include a non-smoking clause in their tenancy agreements. If a tenant does not comply with this provision and it becomes a problem for other tenants your recourse would be to serve the tenant with Form N5 based on the reason that he is interfering with the reasonable enjoyment of other tenants. Once the tenant is served with this notice then the tenant has seven days to correct the situation. If the tenant does not correct the situation you can file an application with the Landlord and Tenant Board to terminate the tenancy. An adjudicator of the Board will then have to decide whether to terminate the tenancy on that basis or give the tenant another opportunity to still correct the situation. In these types of cases it is very important to have the other tenants attend the hearing as witnesses to support your claim.

Landlords are allowed to state in their rental agreements smoking is not allowed on the property. However, if a tenant does not comply with this you will still have to prove that the smoking is causing a problem such as other tenants complaining, or if there’s allergies or medical conditions that are aggravated by the smoke. At that point you can issue the tenant with a notice which still gives them an opportunity to correct the situation before you can take the matter to the Landlord and Tenant Board.

Currently there are no by-laws governing smoking in private residences. A landlord is permitted to include a clause in the tenancy agreement that there is no smoking on the premises.

Upon proclamation of Bill 184, landlords can file an application for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. However, in order to file this application with the LTB, you will have to find out their new residential address to be able to serve them.

If your tenant is still living in your rental unit, you will have to proceed to the Landlord and Tenant Board to obtain an order of eviction and an order for the arrears of rent. You no longer have to file with the Small Claims Court to deal with the non-payment of utilities. . Upon proclamation of Bill 184, section 88.2 of the Residential Tenancies Act allows landlords to file an application for failure to pay for utility costs with the LTB up to one year after the tenant moves out of the rental unit.

A tenant or a landlord may apply to the Landlord and Tenant Board to determine whether the Residential Tenancies Act applies by filing the A1 application.

The A1 – Application About Whether the Act Applies would be filed with the Landlord and Tenant Board either by a landlord or tenant. The application is used to determine whether the Residential Tenancies Act applies to a particular rental unit or situation. The process for filing such an application involves the following steps:

  1.  An A1 Application must be completed and filed with the Landlord and Tenant Board. The application must contain details about why the applicant believes the Residential Tenancies Act does or does not apply.
    • The applicant must pay a $53 filing fee to have the application processed and hearing date scheduled.
    • The Landlord and Tenant Board will issue a Notice of Hearing and a copy of the A1 application to all parties.
  2. An adjudicator will preside at the hearing. These hearings are generally conducted in person.
  3. Once the adjudicator has heard the parties and reviewed any evidence that may be offered, a decision may be announced at the hearing. Generally, the parties to the application will receive the Board’s written decision or order by mail.

Based on the situation you have described, this tenancy would be exempt from the Residential Tenancies Act if you were sharing the kitchen and/or bathroom facilities with the renter. If that was the case she does not have any recourse against you through the Landlord and Tenant Board. The application will most likely be dismissed once you state at the hearing this was a shared accommodation situation. Here is a link to our Fact Sheet on shared facilities for more information, https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf.

 

There is no legislation that governs this type of tenancy however, common law rules should be observed. Please refer to our fact sheet on Sharing a Kitchen and/or Bathroom at: https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf.

Property owners often seek the assistance of the police prior to changing the locks in anticipation of a confrontation arising. If the landlord intends to seek police assistance, Landlord’s Self-Help Centre strongly recommends the owner be prepared to provide documentation that supports his/her claim to exempt status. Landlords should assemble the following documents:

  1. the Deed or Title to the property;
  2. a copy of subsection 5(i) of the Residential Tenancies Act; and
  3. a copy of the written notice given to the tenant.

Please note, the police are not obliged to assist with the recovery of the rented premises and may be reluctant to do so.

A tenancy in which a kitchen and/or bathroom is shared with the landlord or the landlord’s immediate family is exempt from the Residential Tenancies Act. A landlord in this situation may file a claim in Small Claims Court for breach of contract.

Since the rental agreement is exempt from the legislation, notice requirements and guidelines for terminating an exempt rental agreement are not defined. Landlords must rely on common law practices in this situation; LSHC suggests that written notice equal to one rent period (one week notice for a weekly tenancy and a one month notice for a monthly agreement) be given. Give the notice in writing and keep a copy for your file.

Section 5(i)  of the Residential Tenancies Act states the following: This Act does not apply with respect to, living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located.

There is always a chance that the tenant will deny receiving documents, however as long as you have delivered them by one of the acceptable methods and then provided the Board with a Certificate of Service, an adjudicator will usually be satisfied that the documents have been served.

Section 191 of the RTA sets out the permitted methods of giving notice which are: (a) by handing it to the person; (b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates; (c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit; (d) by leaving it in the mail box where mail is ordinarily delivered to the person; (e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person; (f) by sending it by mail to the last known address where the person resides or carries on business; or (g) by any other means allowed in the Rules.

As of December 14, 2018, landlords also have the option of serving a tenant documents through email.  These documents are limited to: the Notice of Rent Increase; Notice to Enter; Documents related to a Landlord and Tenant Board application (except a notice of hearing, copy of the application, motion or request for review); and any regular communication with the tenant related to issues arising out the of the tenancy. However, this must be documented in writing by both parties and we suggest landlords do so using the Consent to Service by Email form.  This form can be found at http://www.sjto.gov.on.ca/documents/ltb/Other%20Forms/Email%20Service%20Consent.pdf

With respect to service by email, the Landlord and Tenant Board’s Rules of Practice state:

  • 3.3        Consent to service by email may be revoked at any time by giving notice in writing to the person of party.
  • 3.4        Any document may be served by email except a notice to terminate a tenancy, a notice of hearing, a notice of motion, an application, or a request for review.
  • 3.5        When serving a document by email the sender must include with the email the name and telephone number of a person to contact. http://www.sjto.gov.on.ca/documents/ltb/Rules/LTB%20Rules%20of%20Practice.html#r5

Recent changes to the Residential Tenancies Act now allow landlords the option of serving tenants documents through email.  However, these documents are limited to: the Notice of Rent Increase; Notice to Enter; Documents related to a Landlord and Tenant Board application (except a notice of hearing, copy of the application, motion or request for review); and any regular communication with the tenant related to issues arising out the of the tenancy.

Recent changes to the Residential Tenancies Act now allow landlords the option of serving tenants documents through email.  However, these documents are limited to: the Notice of Rent Increase; Notice to Enter; Documents related to a Landlord and Tenant Board application (except a notice of hearing, copy of the application, motion or request for review); and any regular communication with the tenant related to issues arising out the of the tenancy.

The Form N4 or any other notice of termination CANNOT be served by email to the tenant. The proper methods of service for a termination notice are the following:

  • handing it to the person;
  • leaving the notice in the mailbox or where mail is normally delivered;
  • placing the notice under the door of the rental unit;
  • handing it to an adult person in the rental unit;
  • sending it by courier; or
  • sending it by regular mail (allow 5 days for delivery).

You do not have to give anything else to the tenant once you have served a notice of termination, but you will have to complete a Certificate of Service form if or when an application is made to the Landlord and Tenant Board for an eviction order.

According to section 27 (2) of the Residential Tenancies Act, when entering the rental property for the purpose of showing the unit to prospective buyers, a 24 hours written notice must be provided stating the reason for entry, the day of entry and a time of entry between the hours of 8:00 a.m. and 8:00 p.m. You must also provide your real estate agent with written authorization to show the property. As long as proper notice has been given, the tenant does not have the right to refuse entry.

For more information, review our RTA fact sheets entitled Selling a Rental Property and Entering the Rental Unit at https://landlordselfhelp.com/rta-fact-sheets/.

You must give 24-hour written notice of entry to the tenant. The notice of entry may be delivered by: handing it to the tenant or an apparently adult person on the tenant’s premises; placing it in the tenant’s mail box; placing it where mail is ordinarily deliver; sliding it under the tenant’s door; sending it by facsimile to the residence or place of business; sending it by courier or mail with additional time added or posting it on the tenant’s door.(Note: Only the notice of entry may be posted on the door. Any other document that must be served on a tenant can not be delivered in this manner.)

For more information, review our RTA fact sheets entitled Selling a Rental Property and Entering the Rental Unit at https://landlordselfhelp.com/rta-fact-sheets/.

If the purchaser does not intend to occupy the premises himself or require the premises for the occupation of his spouse, child or parent of one of them, then the purchaser does not have a valid reason for termination and the tenancy would continue under the same terms and conditions as originally established by the landlord/vendor.

The Residential Tenancies Act requires the tenant to be provided with written notice at least 24 hours before the time of entry. The notice must specify the reason for entry, the day of entry and the time of entry between the hours of 8:00 a.m. and 8:00 p.m. According to section 27 (2) of the Residential Tenancies Act, the landlord is not required to be present during the showing as long as the showing is conducted by a broker or salesperson registered under the Real Estate and Business Brokers Act and the landlord has provided written authorization for the broker or salesperson to show the rental unit.

For more information, review our RTA fact sheets entitled Selling a Rental Property and Entering the Rental Unit at https://landlordselfhelp.com/rta-fact-sheets/.

According to section 27 (1), the landlord has the right to enter the rented premises to allow a potential mortgagee or insurer of the property to view the rental unit. The notice provisions for entering the tenant’s rental unit for this reason are 24-hour written notice that specifies the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.

For more information, review our RTA fact sheets entitled Selling a Rental Property and Entering the Rental Unit at https://landlordselfhelp.com/rta-fact-sheets/.

Once a notice for the purchaser’s own use has been issued, the tenant may give a notice to vacate early. The Residential Tenancies Act requires the tenant to give at least 10 days’ notice in an N9 form which may be given at any time after receiving the purchaser’s own use notice.

Planning to sell the house is not a valid reason to serve the tenants a notice to leave. You can only serve them a notice of termination once you have signed an Agreement of Purchase and Sale and the purchaser plans to move in to the house. At that point you would serve the tenants with a Form N12 giving them 60 days to vacate and the notice has to terminate on the last day of the rental period.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

According to section 27 (2) of the Residential Tenancies Act, the landlord is not required to be present during showings to prospective purchasers provided the landlord has given written authorization to a broker or salesperson registered under the Real Estate and Business Brokers Act, and written notice has been given to the tenant at least 24 hours before the time of entry to allow a prospective purchaser to view the premises.

For more information, review our RTA fact sheets entitled Selling a Rental Property and Entering the Rental Unit at https://landlordselfhelp.com/rta-fact-sheets/.

If your plan is to sell the house there is not a notice you can serve the tenants now before putting the house on the market. You can only give them notice to leave once you have a Purchase and Sale Agreement signed and the purchaser is planning to live there. The only thing you can try is asking them if they would be willing to move out so that you can do the repairs in order to sell. If they agree to move out then you should have them sign an agreement to terminate the tenancy which would be Form N11. You can obtain this form from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

If you plan on selling the property you would just inform the tenant that you are going to sell the rental property. There is not a notice that you can serve the tenant to vacate for this reason until the property is actually sold. Once you have signed an Agreement of Purchase and Sale and the buyer plans to move in to the property, provided the property contains three or fewer residential units, you could then serve notice to the tenant to leave for the purchaser to move in. In this case a Form N12 has to be given to the tenants and it would be a 60 days’ notice.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

There is no notice of termination you can give your tenants based on the reason that the property is being sold. You can only serve a notice to the tenants once an Agreement of Purchase and Sale has been signed and the purchaser requires possession of the unit to move in. At that point you would issue the tenants a notice of termination on behalf of the purchaser. The notice period is still 60 days even if the tenants are on a weekly basis. The form required for this reason is a Form N12 and you can obtain it from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice. For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

Please note that if the property has more than three units, the termination procedures are different than above.

Simply “planning” to sell the house is not a valid reason to terminate the tenancy. In order to use that reason for termination you must have signed an Agreement of Purchase and Sale and the purchaser must intend to move into the house. At that point, you would serve the tenant with a 60 days’ notice on a legal form which is a Form N12.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

In this situation the first thing you should try is to talk to your tenants about your plans for the house and ask them if they are willing to move out on their own. If they agree to move out you should have them sign an Agreement to End the Tenancy (Form N11). If they do not agree to move out, you will not be able to serve them with a notice of termination, however you can put the house up for sale. You can only give notice to the tenants once an Agreement of Purchase and Sale has been signed and the new owner requires the house for their own personal use. At that point you can serve the Form N12 on behalf of the purchaser.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

The Residential Tenancies Act gives landlords the right to show the rental unit to prospective purchasers on 24 hours’ written notice between the hours of 8 am and 8 pm. If the required notice has been given and the tenant refuses entry, contact the Rental Housing Enforcement Unit so they can intervene. RHEU can be contacted at 416-585-7214 or Toll Free 1-888-772-9277.

To learn more about RHEU, visit https://www.ontario.ca/page/solve-disagreement-your-landlord-or-tenant#:~:text=If%20you%20tried%20to%20contact,1%2D888%2D772%2D9277

You can only serve a notice to the tenants once an Agreement of Purchase and Sale has been signed and the purchaser requires possession of the unit to move in. At that point you would issue the tenants a notice of termination on behalf of the purchaser. The form required for this reason is a Form N12 with 60 days’ notice and you can obtain it from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/. Please note that if the property has more than three units, the termination procedures are different than above.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

Please note that if the property has more than three units, the termination procedures are different than above.

You do not have to renew the lease with the tenant and there is not a standard form to inform her that you do not wish to renew the lease. However, she does not have to move out at the end of the lease as her lease renews automatically on a month to month basis so she can stay until there is a valid reason to terminate the tenancy. If you are selling the property, you will have to do so with the tenants in possession. You can serve a notice of termination of the tenancy once you have signed an Agreement of Purchase and Sale and the purchaser intends to occupy the unit. At that point you would serve the tenant with a Form N12 giving them 60 days’ notice to leave at the end of the term or rental period. The forms can be obtained from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

You should find the answers to your questions on our RTA Fact Sheet entitled Selling Your Rental Property at https://landlordselfhelp.com/rta-fact-sheets/

Once you decide to sell the unit, all you can do is inform the tenant that the unit is up for sale. You cannot issue a notice of termination based on that reason. You are only able to give her a notice to vacate once you have signed an Agreement of Purchase and Sale and the purchaser plans to move into the unit. At that point you would serve them with a 60 days’ notice using a Form N12. If the purchaser is not planning to live in the unit then the tenants have the right to stay.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

A landlord who wishes to enter a rental unit to show it to prospective buyers of the rental property must provide the tenants with 24 hours’ written notice specifying the day and time of entry between the hours of 8am and 8pm. For more information, review our RTA fact sheet entitled Entering the Rental Unit at https://landlordselfhelp.com/rta-fact-sheets/.

The landlord has the right to enter the rented premises to allow a potential mortgagee or insurer of the property to view the rental unit provided the landlord follows the notice provisions specified in the Residential Tenancies Act. The landlord must provide the tenant with 24-hour written notice that specifies the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.

For more information, review our RTA fact sheet entitled Entering the Rental Unit at https://landlordselfhelp.com/rta-fact-sheets/.

There is not a notice of termination you can serve the tenants based on the reason that you intend to sell the house. You can only give them a notice to terminate once you have signed an Agreement of Purchase and Sale and the purchaser plans to live in the house. At that point you would serve the tenants with a 60 days’ notice on a Form N12. The notice period for this reason is still 60 days even if they are weekly tenants. You can obtain the form from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

You can also review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

Many landlords believe that a tenant can be asked to vacate their rental unit when a property is listed for sale. This is not true. If a property is simply being listed for sale the landlord does not have the right to terminate a tenancy agreement. In fact, if the property is sold and the purchaser does not require the premises for his or her occupation, or the occupation of an immediate family member as defined in the Residential Tenancies Act, the tenant has the right to remain in possession.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

Before a landlord lists a rental property for sale, the landlord should understand the tenant’s rights and the landlord’s obligations and responsibilities respecting privacy, security of tenure and circumstances under which a tenancy agreement may be terminated. The Residential Tenancies Act is the law that governs most residential tenancy agreements in Ontario. It addresses several issues related to tenancies and the sale of a rental property, including: entering the rental unit for the purpose of showing to a prospective purchaser; gaining access to the rental unit for the purpose of appraisal, insurance, etc.; termination of a tenancy agreement for the occupation of the purchaser; and penalties for bad faith terminations where the purchaser did not require possession.

For more information, review our RTA fact sheet entitled Selling a Rental Property at https://landlordselfhelp.com/rta-fact-sheets/.

The legalization or authorization of a rental unit can be a very complex process. You will find detailed information to assist in this regard at www.secondsuites.info. The information was developed specifically for homeowners with second suites. Additional information can be obtained from your local municipality with respect to  a municipal licensing and inspection process and prescribed standards which need to be met in order for the unit to be rented out.

Landlord’s Self-Help Centre can only provide summary advice on “most” landlord/tenant related questions from landlords. Unfortunately, as the nature of your questions is very specific to the history of your property, and the municipality in which the property is located, the “rules” vary from one municipality to the next. We will not be able to provide you with accurate and usable summary advice on your situation. You may have to deal with a lawyer specializing in municipal law to coordinate and access the information you are seeking. I imagine you have already dealt with the municipality staff directly, but it is a good idea to do so if you have not.

The landlord should serve the tenant with an N7 notice based on safety, which is a 10-day notice to terminate the tenancy early, and follow up with an application to the Landlord and Tenant Board.

It is the landlord’s responsibility to provide smoke detectors for the rental unit which must be located on every level of the home and a minimum of a 2A portable fire extinguisher must also be provided. If you need more information about the Fire Code requirements contact the Fire Marshall’s office at 416-325-3100.

Tenants are not permitted to tamper with the smoke detectors, contact your municipal fire inspector to report this situation. If the tenant has contravened the Ontario Fire Code, the local fire department can issue a ticket.

We suggest you inquire about this issue with your insurance company as the Residential Tenancies Act does not include any specific provisions about this situation.

This type of situation does not fall under the Residential Tenancies Act because you are not considered a landlord. You are a head tenant and the person you are renting to is your roommate. You should obtain legal advice on this issue from a lawyer or paralegal. We can only provide legal advice to landlords and property owners that are covered by the RTA. Contact the Law Society Referral Service at www.findlegalhelp.ca or the Community Legal Education Ontario (CLEO) at www.cleo.on.ca for more information about evicting your roommate.

According to the Residential Tenancies Act, it is not unlawful for a tenant to take in a roommate to help pay for the rent. The landlord cannot stop a tenant from doing this. If you were to go through the eviction process at the Landlord and Tenant Board and obtain an eviction order against your tenant, everyone living in the rental unit would be evicted as well.

We cannot tell you if what they have done is contrary to building and property standards. You have to check with the municipality’s building and property standards department about this. If it is in contravention of any by-laws and/or they have caused damage to the rental property, you would then be within your rights to issue a N5 notice to have them correct the problem and follow eviction process accordingly.

 

 

It is up to you and your potential tenant to decide who is the applicant filling out the rental application and who will sign the lease as a tenant. You do not have control over who comes in after the tenancy commences, as those people would be the tenant’s guests and therefore, the tenant’s problem. If the tenant named in the lease ends up not paying the whole rent or her guests/roommates cause problems like noise disturbances or damages, you would simply begin the eviction procedure against the tenant and try to prove your case at the Landlord and Tenant Board.

The first thing worth mentioning is that giving a notice to a tenant by email is not a valid notice to terminate a tenancy. There are different legal notices of termination that must be used depending on the reason for termination. In order to evict a tenant based on major renovations, the first condition is that the renovations must be extensive enough to require a building permit. When this is the case, the landlord must provide the tenant with proper notice which is a Form N13. The notice period is 120 days after the notice is given, and must be the day the rental period ends or the end of the term if there is a fixed term. The other condition is that when the tenant is served with this notice, the tenant has the right to return to the unit once the work is completed provided he/she advised the landlord in writing of his/her intention to return to the unit. Once the tenant returns then the landlord will have to apply to the Landlord and Tenant Board for approval to increase the rent above the guideline amount based on the capital expenditures. You can obtain more information and download the forms from the Board’s website at www.sjto.gov.on.ca/ltb/forms/.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation if pursuing the N13 when there are less than 5 rental units (3 months if there are 5 or more units). The compensation must be given before the termination date on the notice.

This is a situation where the Residential Tenancies Act does not set out any clear guidelines or provisions as to how to deal with the tenant and getting work done in the unit. It is usually up to both parties to try and work out an arrangement where the tenant may have to move out temporarily while the work is being done, in which case you would provide a rent rebate or offer to pay for the temporary accommodations. Whatever arrangement you both agree on, make sure to put it in writing to avoid any misunderstandings.

Tenants can usually claim a reduction of rent if there has been interference with their reasonable enjoyment of the rental premises. In the situation that you describe, you should try to reach an agreement with the tenant on what would be a reasonable amount of a rent reduction. If you come to an agreement with the tenant, there is not a formal document to use in this case. You can just draft something up yourself and have the tenant sign it as it is important to document it. If you cannot come to an agreement, the tenant then has the option of filing an application with the Landlord and Tenant Board for them to make the decision on this matter.

Tenants are entitled to receive receipts for rent regardless of the method of rent payment and the landlord must provide them.

In order to change this arrangement, the tenant has to agree before you can cease to include hydro in the rent and reduce the rent accordingly. If the tenant does not want to change this arrangement, there is nothing you can do until the tenancy ends and the tenant moves out. At that time, you can set a new rent amount and have the new tenant set up their own account with the utility company and pay for her own usage directly.

It is your legal right to serve your tenant with a notice of nonpayment of rent using Form N4. The notice informs the tenant that she must pay the outstanding rent by the termination date which is fourteen days without counting the date of service. If she pays within that time, the notice becomes null and void. If she does not pay accordingly, you need to file the notice with the Landlord and Tenant Board and continue with the eviction process. The Form N4 can be obtained from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

Since this is a weekly tenancy, you are required to give the tenants seven days’ notice to pay the outstanding rent in the N4 notice. If the tenants do not pay the rent within that period of time, you can file an application with the Landlord and Tenant Board for an eviction order after the seven days have elapsed and proceed accordingly.

The law does not have any specific rules on where rental payments should be made. It is then up to the landlord and the tenant to decide what method of payment is convenient for both parties.

If the tenant only gave you verbal notice to move out, you and the tenant should sign an N11form confirming that she is moving out. You can find the form on the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

There is not a standard form that your tenant can sign stating the amount owed, so you could create your own agreement and have the tenant sign it.  Upon proclamation of Bill 184, landlords can file an application for arrears of rent with the LTB within one year from the date the tenant moved out of the rental unit.

If rent is due on the first of the month, it must be paid on that day. It is legal to collect rent on a holiday as the law does not set out an exception if the first of the month happens to fall on a holiday.

If the tenancy agreement requires the tenant to pay the rent on the first of each month (or any other specific day as indicated in the agreement), the tenant has until midnight on that day to pay the rent. If the rent is unpaid, you may issue a notice of early termination for non-payment of rent (Form N4) the next day. The tenant may avoid termination by paying the outstanding rent within 14 days of receiving the N4 notice.

According to section 108 of the Residential Tenancies Act, the landlord cannot require the tenant to pay with one specific method of payment.

If a tenant does not give proper notice to vacate the rental unit, the landlord has an obligation to mitigate his losses and try to re-rent the unit as soon as possible. Pertaining to the last month’s rent, there have been decisions from the Landlord and Tenant Board in which they have ordered the landlord to return the last month’s rent deposit to the tenant and then have the landlord claim for the loss of rent in the Small Claims Court. These decisions were made based on the wording of the Act which states that the last month’s rent deposit shall be applied to the last month of the tenancy.

The Regulations of the Residential Tenancies Act set out different rules when providing discounted rents while protecting the lawful rent. You can review these rules under Regulations 516/06 sections 10 and 11 at https://www.ontario.ca/laws/regulation/060516. Further, you can review Part G entitled Rent Discounts from the Standard Form of Lease which discusses the legal ways of giving a rent discount. To review the Standard Lease, visit http://www.forms.ssb.gov.on.ca/mbs/ssb/forms/ssbforms.nsf/FormDetail?OpenForm&ACT=RDR&TAB=PROFILE&SRCH=&ENV=WWE&TIT=2229E&NO=047-2229E

If the tenant pays the total amount for arrears including the filing fee before the Board hearing, you will not be able to continue with the eviction process. If the tenant defaults with her rent payment next month, you will have to serve another N4 form and file it with the Board if necessary. However, if the tenant has been served with multiple N4s, you may have grounds to terminate the tenancy based on persistently late payment of rent. You would serve your tenant with an N8 form, which is a 60 days’ notice ending on the last day of the rental period or term. If there is a fixed term lease in place, this notice can only be given at the end of the lease term.

The interest rate on the last month’s rent deposit is the same rate as the rent increase guideline. However, interest on the last month’s rent is paid annually and according to the rent increase guideline of the year in question. Based on this scenario, you owe the interest on the last month’s rent deposit for two years. Assuming the tenant moved in March 2016, you would pay the interest for the first year in March 2017 according to the rent increase guideline of 2017. You would then pay the interest for the second year in March 2018 according to the rent increase of 2018. You can find the interest rates for the past few years on our website at https://www.landlordselfhelp.com/RentIncreaseGuideline.htm or at https://www.ontario.ca/page/rent-increase-guideline.

It is your legal right to serve a notice of non-payment of rent which is the N4 form even if you have not talked to the tenant about it. You can serve this notice by handing it to the tenant, sliding it under the door, or placing it in the mailbox among other permitted methods of service. This notice advises the tenant to pay the rent within 14 days or move out. If the tenant is still in possession of the rental unit and has not paid the rent by the termination date stated in the N4, you can file the N4 notice with an L1 application with the Landlord and Tenant Board for an Order to evict the tenant. You can obtain all the forms from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

Post-dated cheques can be used as a method of payment as long as the tenant wants to pay in this manner. Section 108 of the Act says “Neither a landlord nor a tenancy agreement shall require a tenant or prospective tenant to, (a) provide post-dated cheques or other negotiable instruments for payment of rent; or (b) permit automatic debiting of the tenant’s or prospective tenant’s account at a financial institution, automatic charging of a credit card or any other form of automatic payment for the payment of rent.” Therefore, the LTB will not order him to pay in this manner even if that is how it was done when the tenancy began.

The Residential Tenancies Act does not specifically give tenants the right to deduct amounts of money from the rent payments for any reason. However, if the tenant files an application with the Landlord and Tenant Board based on unattended maintenance or repairs in the rental unit to be carried out by the landlord, the Landlord and Tenant Board is allowed to order a rent abatement, or reimbursement for the reasonable costs that a tenant has incurred in repairing or replacing damaged, destroyed or disposed of property by the landlord’s breaching of their obligations. Further, a tenant may hold back a rent increase amount that may be in dispute, or because the landlord failed to pay the interest on the last month’s rent, or for an automatic rent reduction where the municipality has notified the parties of the rent reduction due to a decrease in municipal taxes and charges. In most cases, the board member will have to decide on the validity of the tenant unilaterally deducting any amounts from the rent payments.

It is fairly common for a tenant to split the costs of renting by bringing in a permanent guest, or “undertenant”. The Residential Tenancies Act includes no remedy for a landlord in such cases, because it does not consider it to be unlawful. A landlord can neither raise the rent to reflect the additional utility use and wear and tear on the rental unit, nor prevent the tenant from having the roommate, as long as local municipal bylaws on occupancy standards are respected.

A landlord can do a maintenance inspection provided that a 24 hours’ written notice of entry is given to the tenant, specifying the date and a 2-hour window of time for entry between 8 am and 8 pm, as well as the reason for the notice. It is advisable to include in the notice that photographs may be taken of specific parts of the property that need to be repaired or maintained. If she makes it clear that she will not allow you to take photographs, it would be better not to force the issue. However, photographs of before and after repairs are the best evidence when proving damages before the Landlord and Tenant Board. The member may or may not allow the photos into evidence depending on whether or not they include the tenant’s own belongings in the pictures.

If the tenant is evicted and does not pay the rent owing according to an LTB Order and you know where she is employed, you can file garnishment documents with the Small Claims Court to garnish her wages. For more information on the garnishment process, visit https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/

It is only possible to collect the money owed to you if you have information on the tenant’s new address. It is also important to have their current employment information.

Upon proclamation of Bill 184, landlords can file an application for arrears of rent and failure to pay the utility costs with the LTB within one year from the date the tenant is  no longer in possession of the rental unit.

Since the order is in your tenant’s name, you can only collect from her. You cannot enforce the order again her ex-husband if he was not a tenant named in the order. Further, if this tenant is on social assistance, it is impossible to collect arrears of rent based on an order as social assistance payments cannot be garnished.

Landlords are able to collect an amount owing based on an LTB order by filing the garnishment document with the Small Claims Court against the employer of the tenant or against a bank branch where the tenant has an active account. If the tenant is not employed but receiving social assistance from the government or a pension, you are not able to garnish this money. Another option is to engage the services of a collection agency. Contact the collection agency directly in order to learn more about their collection process.

A separate application would have to be filed to deal with the damages that were not included in the LTB order. Upon proclamation of Bill 184, landlords can file an application for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit.

Landlords are able to collect an amount owing based on an LTB order by filing the garnishment document with the Small Claims Court against the employer of the tenant or against a bank branch where the tenant has an active account. If the tenant is not employed but receiving social assistance from the government or a pension, you are not able to garnish this money. Another option is to engage the services of a collection agency. Contact the collection agency directly in order to learn more about their collection process.

You cannot refuse to give rent receipts to a former tenant. The landlord must provide rent receipts if the former tenant requests them within 12 months after the tenancy has ended. It is considered an offence under the Residential Tenancies Act for a landlord to refuse to provide a former tenant with rent receipts.

Section 109 of the Residential Tenancies Act states that “A landlord shall provide free of charge to a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord”. It also states that a former tenant can request a receipt within 12 months after the tenancy terminated. It is actually considered an offence under the Residential Tenancies Act to refuse to give a tenant a receipt when they request it.

The Residential Tenancies Act addresses rent receipts in sections 109(1) and 109(2). Section 109 (1) says: “A landlord shall provide free of charge to a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord.” Section 109 (2) says: “Subsection (1) applies to a request by a former tenant only if the request is made within 12 months after the tenancy terminated.” As such, there is no time limit for a current tenant to request rent receipts while there is only a time limit of 12 months after the tenancy terminated for former tenants.

Under section 14 of the Residential Tenancies Act, tenants are permitted to have pets regardless of any “no pet” clause in a lease agreement. Section 14 says: “A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” This is provided that the pet is not causing damages, disturbances, allergic reactions to other tenants or is of a breed that is deemed to be inherently dangerous.

Under the Residential Tenancies Act, you can serve your tenant with an N5 because of the presence of a pet that is of an inherently dangerous breed and follow this process accordingly. As per the Dog Owners’ Liability Act, pit bulls and other dogs bearing pit bull characteristics have been identified as an inherently dangerous breed.

The Residential Tenancies Act permits tenants to have pets regardless of any “no pet” clause in the tenancy agreement provided that the pet is not causing damages, disturbances, allergic reactions to other tenants or is of a breed that is deemed to be inherently dangerous. However, if the condo bylaws prohibit the presence of pets and the condo management has sent reminder letters to the landlord, the landlord can serve the N5 form to end the tenancy because the tenant has violated the condo bylaws.

Section 14 of the Residential Tenancies Act does not stablish a maximum number of pets that the tenant can have. The maximum number is regulated by municipal bylaws. Contact your municipality in order to find out what is the maximum number of pets allowed in a rental unit such as the one where the tenant currently resides.

You would have to serve your tenant with an N5 based on damages. You need to provide details of the damages as well as at least 2 estimates for the repairs in the N5. Once the tenant receives this notice, she has seven days to rectify the damages by either paying the amount required or fixing the damages herself according to the N5 notice. If it is not corrected, you will then have to file an application with the Landlord and Tenant Board and go to a hearing where the matter will be decided by a Board adjudicator. You can obtain all the necessary forms from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

There is nothing you can do about this based on the mere fact that the tenant signed a lease with a no-pet clause as this cannot be enforced according to section 14 of the Residential Tenancies Act. However, if the pet causes damage, disturbances, allergic reactions or is of a breed that is inherently dangerous, you have grounds to issue a notice of early termination. Therefore, if you can prove that the dog causes you to have a serious allergic reaction and it is also causing damages to the rental unit, you can issue a Form N5. Once you serve this notice, the tenant has a seven-day period to correct the situation. If the problem is not corrected, you can then file an application with the Landlord and Tenant Board. Form N7 may be given instead of the N5 form where the landlord and the tenant live in the same building and the landlord has less than 3 residential units in the same residential complex.

The law permits tenants to have pets as long as they do not cause damages or disturbances to other tenants on the rental premises. In your scenario, you can serve the tenant an N5 notice based on damages and disturbances caused by the dogs. The N5 form is a 20-day notice which allows the tenant to correct the issues stated within the first seven days from having served the N5 notice. If the problems are not corrected within the prescribed period of time, you can file an application with the Landlord and Tenant Board to go to a hearing for a decision on the issues. You can obtain the Form N5 and all other forms required on the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

You can first talk to the tenant and let her know that you are allergic to cats. You can follow-up your conversation with a written letter (keep a copy for your records). If the tenant is unwilling to remove the cat after your informal discussion, you can issue a Form N7 as you live in the same house and provided that you have less than 3 residential units. If you have more than 3 residential units, you can serve an N5 notice and follow the process accordingly. The reason for the notice would be that the tenant has substantially interfered with the reasonable enjoyment of the residential complex by the landlord.

The number of dogs and cats a resident is allowed to have is regulated by municipal bylaws. Contact your local health department for details about the municipal bylaws.

If the behaviour of an animal has interfered with the reasonable enjoyment of the residential complex by the landlord and/or other tenants, you may issue a notice of early termination of the tenancy. You can issue Form N5 – Notice to Terminate a Tenancy Early. This notice needs to have details about the issues such as the unclean state and foul odour in the rental unit. The tenant will then have seven days to rectify the problems. Form N7 may be given to the tenant instead of the N5 where the landlord and the tenant live in the same residential complex and the landlord has less than 3 residential units.

You should not have the tenant’s car towed. Send the tenant a letter asking him to have this vehicle removed from the property. If that does not work, serve the tenant with a Form N5. The N5 gives the tenant an opportunity to correct the issue within a seven-day period after this notice is issued. If he does not comply with the N5, you can then apply to the Landlord and Tenant Board in order for the adjudicator to make a decision on this situation. You can obtain this form from the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

The Residential Tenancies Act does not have specific rules about tenants allowing somebody else use their parking space. Tenants may allow the use of their parking space to another person providing that it does not interfere with the reasonable enjoyment of the premises by other tenants or the landlord.

A landlord cannot charge a fee parking if the tenants have had free use of the parking facilities since the beginning of their tenancy, even if it was not specified in the rental agreement.

A landlord can only terminate a tenancy if he/she requires the rental unit for his/her own occupation or for a family member such as a child, or parent of the landlord or the landlord’s spouse. You cannot terminate the tenancy for any other family member to move in. The law does not specify how long you have to reside in the unit after evicting a tenant for own use, the main point is whether you have given the notice in good faith. A tenant does have up to twelve months to file an application against the landlord with the Board if the tenant believes that you gave the notice in bad faith.

A landlord may terminate a tenancy for personal use at the end of a rental period or term using Form N12. It must be served to the tenant 60 days prior to the end of the rental period or term. A landlord and a tenant may agree to terminate earlier than the prescribed notice period using Form N11.

To terminate a tenancy based on the owner or immediate family member moving in, the family member has to be the owner’s spouse, child, or parent or the spouse’s child or parent.

N12 is for residential use only and does not work in such a large corporate landlord setting. N13 is a 120 day notice that can be given for the end of a rental period or lease where the landlord intends to convert the premises to permanent non-residential use. Perhaps this is an option for your lawyer/paralegal to explore since it involves paying compensation of 3 months rent and obtaining permits from the municipality.

If both tenants have leases in place, you will not be able to terminate the lease for your son to move in, that can only be done at the end of the lease term. The only thing you can try is asking if the tenant is willing to terminate the lease early in which case you can have them sign an Agreement to Terminate the Tenancy (Form N11).

An application to the board based on a Form N12 – Notice to Terminate Tenancy for Personal Use may not be successful since Unit B is available to you. As per the legislative changes that came into effect September 1, 2017 the landlord can offer the tenant the alternative unit to reside in, instead of paying the tenant one month’s compensation.

Interpretation Guideline #12 deals only with the eviction for own use situation, for example, it explains the test to be met is that the landlord must require the unit in good faith, which is closer to “wanting” than “needing” the unit in the eyes of both the Board and the Divisional Court. http://www.sjto.gov.on.ca/documents/ltb/Interpretation%20Guidelines/12%20-%20Eviction%20for%20Personal%20Use.html is where you will find more information on how the Member usually looks at these situations.

A tenancy can only be terminated for own use at the end of the rental period or term. The Form N12 notice you would give the tenant to take back possession of the premises cannot be given until 60 days before the end of the lease term. Therefore, the tenant would have to agree to vacate before you could break the lease and take possession. If the N12 notice is being given after September 1, 2017, the landlord is required to give the tenant one month’s compensation before the termination date on the notice. Aside from giving compensation, if the landlord has an alternative rental unit available that can be offered to the tenant as well.

If the tenant is in agreement, the best way to terminate is both landlord and tenant signing an N11 agreement – available here http://www.sjto.gov.on.ca/ltb/forms/– to terminate the tenancy. ANY termination date can be agreed upon and used. In most cases however, the tenant would not sign this without some form of compensation from the landlord (2 or more months rent, for example). If the agreement is signed by all tenants, and the tenant fails to move, then a termination order can be obtained quite quickly by filing an L3 application and affidavit with the Landlord and Tenant Board (available from the same web site).

When there is a fixed term lease agreement, unfortunately the landlord cannot terminate the tenancy based on the reason that the landlord will be moving in. That can only be done at the end of the lease term. All you can do is try to have the tenant agree to terminate the lease early and if she does agree, you would have her sign the Form N11- Agreement to Terminate a Tenancy. If she does not agree to leave and she is causing problems for the other tenants you can proceed to apply to the Board based on the N5 you have given her.

1) If you need the unit for your own personal use you must give the tenant 60 days notice ending on the last day of the rental period and this must be done on a Form N12. 2) The tenant can refuse to leave after being served this notice even if you have given more than the required time. 3) If the tenant refuses to leave you will have to file an application with the Landlord and Tenant Board to obtain an eviction order. 4) The law specifies that you must reside in the unit for at least one year as your primary residence (Refer to Section 48 (1) of the Residential Tenancies Act). However, when a tenant is evicted based on this reason the tenant has up to twelve months to file an application against the landlord if the tenant believes that you gave the notice in bad faith. 5) You do not have to re-rent the unit to the same tenant once you are finished using it.

If you serve a notice for landlord’s own use, the termination date must be at least 60 days from the time you give notice *AND* the termination date must coincide with the end of a tenancy period. So, if they pay rent every Monday, the termination date must fall on a Sunday on the N12 notice of termination.

The Residential Tenancies Act is the legislation that governs landlords and tenants in Ontario.

Under this law there isn’t a notice the landlord can serve the tenant when the house is put up for sale. The landlord can only serve the form N12 once an Agreement of Purchase and Sale is signed, if there are 3 or fewer residential units and the purchaser is planning to live in the house. The landlord is not responsible to pay the tenants any difference in rent in these circumstances, as long as there are grounds to terminate the tenancy.

As of July 21, 2020 the landlord is required to give the tenant one month’s compensation, or offer the tenant another unit that is acceptable to them, if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

You cannot terminate a tenancy for personal use for anyone else other than the landlord, the landlord’s spouse, child or parent of the landlord or the landlord’s spouse.

No, a landlord cannot serve an N12 notice for own use if the property is owned by a corporation. As per section 48 (5), the rental unit must be owned in whole or in part by an individual and the landlord must be an individual in order to give an N12 notice for own use.

It is fairly common for a tenant to split the costs of renting by bringing in a permanent guest or “undertenant”. The Residential Tenancies Act does not include a remedy for a landlord in such cases because it does not consider it to be unlawful. A landlord can neither raise the rent to reflect the additional utility costs and wear and tear on the rental unit, nor prevent the tenant from having the roommate, as long as local municipal bylaws on occupancy standards are respected.

It is not unlawful for the tenants to permit more people to occupy the unit regardless of how many people are named on the lease. However, this number is subject to the occupancy standards set out by municipal bylaws. If the number of people occupying the rental unit on a continuing basis contravenes health, safety or housing standards required by law, you may serve an N5 notice of termination. The tenants can avoid termination if they reduce the number of persons occupying the rental unit to comply with health, safety and housing standards within 7 days according to the N5.

If the original tenant continues to occupy the unit with the additional people who have moved in, it is not considered subletting. A sublet occurs when the original tenant moves out for a certain period of time and has someone else move in while he is away. For more information on subletting, please review our RTA Fact Sheet here https://landlordselfhelp.com/media/Subletting-and-Assignment.pdf 

If the former tenant is now a guest or visitor of another tenant in the building, you are not able to do anything unless this person is a danger to the other occupants or is causing disturbances in the building. If that is the case,  you could serve your current tenant with a Form N5 based on her guest’s actions.

Under the Residential Tenancies Act it is not illegal for a tenant to have temporary or even permanent guests as long as the tenant is still living in the unit. Unfortunately the landlord has no recourse in this situation even if the tenant is collecting rent from these other people. You can only do something if your tenant is not paying you the rent or they are causing damages to the property in which case you would serve the appropriate notices and proceed to the Landlord and Tenant Board to terminate the tenancy.

Unfortunately there may not be too much you can do about the extra people living in the unit unless you can show that the unit has become overcrowded, you’ll have to check with your local municipality to determine whether there is a bylaw that addresses this issue. If the property is in the city of Toronto the bylaw permits 100 square feet per person and that would include the entire unit with the exception of bathrooms and hallways.

There is actually nothing a landlord can do if a tenant brings in another person to live in the unit. The rent cannot be increased on that basis, it can only be increased once every twelve months by the guideline allowed each year. In order to increase the above the guideline the landlord has to show that there has been an extraordinary increase in utilities. An application has to be made to the Landlord and Tenant Board for approval of the increase. You can obtain more information on this process on the Board’s website at www.sjto.gov.on.ca/ltb/.

The law does not have any specific provision on how long a tenant may have a guest. Basically a tenant is allowed to have a guest on a permanent basis. Unfortunately a landlord cannot increase the rent based on the additional person, the rent can be increased only once the tenant has been in the unit for twelve months and by the allowable guideline for the year.

It is not unlawful for a tenant to rent out a portion of their unit to another person and even collect rent from that person. The lease agreement is still valid with the tenants that signed the lease, unfortunately the landlord does not have any recourse in this case, the additional person is not considered an unauthorized occupant as long as the tenants are still living there as well.

The tenant is legally allowed to have other people living with her that were not on the lease and she is not required to obtain your consent. As long as the unit does not become overcrowded and there are no disturbances the landlord has no recourse.

If your tenant fails to give you the required notice (60 days for a monthly tenancy or 28 days for a weekly tenancy), your recourse is to try to re-rent the unit as soon as possible to minimize your losses. Once the unit has been re-rented and you have calculated your losses, a claim can be filed with the Small Claims Court. Below is a link to the Small Claims website where you can find information on how to file a claim. The required forms can also be downloaded from this site: https://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/index.php#01. In order to sue in Small Claims Court you will require the tenant’s new address, try to get this information before they vacate.

Since the tenant gave you a written notice that she is leaving and has now changed her mind, you can file an application with the Landlord and Tenant Board to obtain an eviction order.  The application needed is the L3 along with an Affidavit or Declaration.  These forms can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

A verbal notice to terminate the tenancy is very difficult to enforce if the tenant decides not to leave. It is in your best interest as a the landlord to ask for notice in writing in the prescribed form N9. Having the N9 allows you to file for eviction and enforce it if the tenant chooses not to vacate.

If your tenant has already been charged by the police with regards to the drug dealing in the rental unit, you can serve him with a Form N6 – Notice to Terminate Tenancy Early for an Illegal Act. This gives the tenant 10 days’ notice to leave. It also allows you to apply immediately to the Landlord and Tenant Board for an eviction order that you can enforce if the tenant does not leave according to the N6 notice.

If the police have not charged the tenant and it is only a suspicion that the tenant is dealing drugs in the rental unit, you can only serve a Form N5 based on the tenant’s interference with the reasonable enjoyment of the premises by the other tenants who are complaining about disturbances. Having people coming and going at all hours of the day and any other similar disturbances interfere with the other tenants’ enjoyment of the rental unit. Once you serve the Form N5, the tenant has an opportunity to correct the situation within seven days. If it is not corrected within 7 days, you can then file an application with the Landlord and Tenant Board to go to a hearing where an adjudicator will decide whether or not there are grounds to end the tenancy.

The tenant does not have to leave the unit because he is on a short term tenancy. Once the short term lease ends, it renews automatically on a month-to-month basis according to the law.  Your recourse is to serve your tenant with Form N4. This notice gives the tenant 14 days to pay the rent arrears. If the tenant does not pay within the specified time, a landlord may file an application with the Landlord and Tenant Board for termination and an eviction order.

In terms of the shared expenses, if these pertain to unpaid utilities, you need to serve your tenant with Form N5. This notice gives the tenant 7 days to pay the utilities. If the tenant does not pay within the 7 days, you can also file an application with the Landlord and Tenant Board to evict the tenant.

You cannot ask your tenants not to bring their guest as it is not unlawful for them to have guests stay in the rental unit as often as they please. If the number of people occupying the rental unit on a continuing basis contravenes health, safety and housing standards required by law, you may serve an N5 notice of termination where you would need to prove the tenant is contravening the municipal bylaws. The tenants can avoid termination if they reduce the number of people occupying the rental unit to comply with health, safety and housing standards within 7 days according to the N5 notice.

A tenant should vacate at the end of the rental period. Generally, a tenancy that begins on the first of a month and ends the last day of the month.

If the tenant has given a written notice to vacate and does not move out according to their notice, you will have to file an application with the Landlord and Tenant Board to get an eviction order based on the notice they gave you. This process can take a few weeks before you recover possession of the rental unit. It is possible that they can stay there without paying rent until you obtain the order to evict. To apply to the Board based on the notice given by the tenant you will need a Form L3 and a Declaration form. You can also file the L9 application to collect the unpaid rent together with the L3 application. These forms can be obtained from the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

If the tenants chose to leave, there is nothing you can do to stop them. However, if they move out, they are breaking the contract.  Once you have confirmation that they are leaving, you must try to re-rent the unit as soon as possible. They also have the right to assign their lease to someone else with your approval.  For more information on assignment of tenancy please refer to the our Fact Sheet on this issue,  https://landlordselfhelp.com/media/Subletting-and-Assignment.pdf.

The tenant is required to give you a proper notice if they intend to vacate. They have not complied with notice requirements by simply stating that they do not intend to renew the lease. If the tenant moves out without providing the proper notice, you have the right to sue for your loss of rent in Small Claims Court provided that you have minimized your rent losses by re-renting the rental unit as soon as possible.

When a tenant breaks a lease, the landlord has an obligation to mitigate his losses and try to re-rent the unit as soon as possible. However, the landlord is unable to minimize his rent losses, he can try to sue the tenant in the Small Claims Court.

Guide to Making a Claim – https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim_EN.html

The tenant must provide proper written notice which should be at least 60 days on the N9 form.  However, the landlord must try to minimize his rent losses and try to re-rent the unit as soon as possible when no property notice is given. In order to claims rent losses due to short notice or no notice given by the tenant, the landlord would have to sue in the Small Claims Court. To file this claim, the landlord needs to know the tenant’s current residential address.

Guide to Making a Claim – https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim_EN.html

If your tenant is moving out without a doubt, you should not serve him with a notice of non-payment of rent. Upon proclamation of Bill 184, landlords can file an application for arrears of rent with the LTB within one year from the date the tenant is no longer in possession of the rental unit.

Once you have obtained an order from the LTB, there are several ways you can try to enforce that judgment including garnishee of wages, garnishee of the bank account or recovery using the services of a collections agency.

If your tenant has vacated the rental unit without providing you with 60 days notice, you must try to minimize you rent losses by re-renting the rental unit as soon as possible. Once you have an accurate account of your losses, including the cost of advertising, you can bring a claim against the tenant in the Small Claims Court. For more information on the Small Claims Court process, please visit  https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/.

You cannot remove the tenant’s belongings if the tenant fails to move out as a result of her notice of termination. If she gave you written notice including at least 60 days, signed, identifying the unit’s address, terminating at the end of a rental period, and they failed to vacate, you still have to file an application with the Landlord and Tenant Board to obtain an eviction order. The application and instructions for the L3 Application can be found on the Landlord and Tenant Board website at http://www.sjto.gov.on.ca/ltb/forms/. The new tenants who are supposed to be moving in will not be able to do so and they could claim from you any costs they incur as a result of not being able to move in the Ontario Small Claims Court.

If your tenant ends up leaving according to the notice, your recourse is to try to re-rent the unit as soon as possible in order to minimize your rent losses.  You would then have to take sue the tenant in the Small Claims Court for your loss of rent and expenses incurred as a result of not giving proper notice to vacate. Below is a link to the Small Claims Court website where you can find information on how to file a claim and the forms required, http://www.attorneygeneral.jus.gov.on.ca/english/courts/scc/

Notice to terminate a tenancy given by email is not considered proper notice. You should insist that they give you notice on the proper N9 form. If they give you the N9 form, the 60 days’ notice begins on the first of a rental period and ends on the last day of the rental period.

Unfortunately, landlords do not have control as to who is living in the unit, and the tenant is not obliged to provide any information about their roommates or guests either. there, and the tenant is not obligated to provide any information about them either.

You are not required to draft up a new rental agreement as the original tenancy continues with the remaining tenant. The tenant is not obligated to sign a new rental agreement either.

As for increasing the rent, you cannot increase the rent based on new people residing in the unit. You can only increase the rent legally by providing a proper 90 day notice on the prescribed form (N1) every twelve months for sitting tenants and following the guideline amount.

When a tenant breaks a lease, the landlord has an obligation to mitigate their losses and try to re-rent the unit as soon as possible. If the landlord incurs any rent losses and extra expenses for advertising the unit, the landlord would have to sue the former tenant is the Small Claims Court.

https://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/Guide_to_Making_a_Claim_EN.html

Even though this person is not the tenant, you still need to obtain an Order from the Landlord and Board to evict her. You need to file an A2 application with the Landlord and Tenant Board based on an unauthorized occupancy.

If your tenant has moved out and left someone else living there who refuses to leave, you will have to file an A2 application with the Landlord and Tenant Board based on unauthorized occupancy.

Once you receive the written order from the Board it should specify the exact amount the tenant must pay to avoid eviction, if they pay that amount by the date specified then they can stay but if they do not pay or make partial payment you would then proceed to the Sheriff’s office to enforce the eviction.

If your tenants stop paying rent, the legal steps to take is to serve them with a Form N4 which is an early termination notice for nonpayment of rent and if they don’t pay within fourteen days which is the required notice period then you can file an application with the Landlord and Tenant Board to get them out. The process of eviction can take up to three months.

If the rent has not been paid in full for the month you can serve the notice of non-payment of rent (Form N4) but make sure both names re on the notice. This notice gives the tenants fourteen days to pay the outstanding rent and, if not paid within that time, then you can apply to the Landlord and Tenant Board for an eviction order. If one of them moves out in the meantime you can still proceed to evict the remaining tenant if he/she cannot pay the rent.

If you rent to two or more persons and one person is not paying their portion of the rent, you can serve a notice of non-payment of rent which is a Form N4 but you will have to name all the tenants on that notice. You can obtain this form on the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

There is nothing in the law that states that a tenant can withhold payment of rent for this reason. The landlord can serve a notice of non-payment of rent in this case and bring the matter to the Landlord and Tenant Board for a decision.

With regards to this situation, the process you could follow would be filing the L9 application with the LTB to obtain an order for the arrears of rent, although you would not get termination of the tenancy with the L9 application. If you want to terminate the tenancy you would have to serve the tenant with a Form N4 which gives the tenant fourteen days to pay after which you can apply to the Board with the L1 application.

In this situation, all you can do is serve the tenant with the N4 whenever he does not pay on the due date. However, if he does pay the rent after receiving the N4, then the notice is void and you would have to wait until the next time it happens and serve him again. You have mentioned that he has a lease until May so all you can do until then is keep serving the N4 when he’s late. The N8 notice for persistent late payments cannot be served until 60 days prior to the expiry of the lease, so the N8 you give him now would be considered invalid.

If your tenants haven’t come up with the rent yet, you can serve them with a notice for non-payment of rent using Form N4. This notice gives them fourteen days to pay the outstanding rent or move out. If they do not pay or move out then you will have to file an application with the Landlord and Tenant Board for termination of the tenancy. You can obtain the forms from the Board’s website at www.sjto.gov.on.ca/ltb/forms/.

If you filled in the wrong amount and you’re serving a new N4, you would count 14 days after the date you serve the new one as your termination date. You should also write “Amended” on the top of the form.

For the damages, you could serve the tenants with the N5 Form as well, but you’ll have to obtain an estimate on the cost of the repairs because you have to state an amount on that form.

You should be serving the tenant with a legal notice of nonpayment of rent which is a Form N4. This notice gives the tenant fourteen days to pay the outstanding rent, if it’s not paid within that time period then the next step would be to file an application with the Landlord and Tenant Board. The forms required to apply to the Board is a Form L1 and a Certificate of Service. The process at the Board can take up to four months to evict a tenant so it’s best not to wait too long to get the process started. These forms can be obtained from the Board’s website at www.sjto.gov.on.ca/ltb/forms/. As for the tenant having other people living there that are not on the lease, unfortunately there isn’t anything you can do about this, tenants are allowed to have anyone living with them despite what the lease states.

If you’d prefer not to issue a notice of termination, the only other option you have is to file the L9 application with the Board. This is an application to obtain an order for the arrears of rent only but not for termination of the tenancy.

If this tenant is in arrears of rent as of now, the first step is to serve a legal notice of non-payment of rent, there is a form that must be used, it’s called a Form N4. This notice advises the tenant to pay the rent within fourteen days or move out. If the tenant is still in possession and has not paid the rent after fourteen days, file an application with the Landlord and Tenant Board for an Order to evict them. You can obtain all the necessary forms from the Landlord and Tenant Board’s website at www.sjto.gov.on.ca/ltb/forms/.

If you haven’t received the rent for this month from the tenant, then you should be serving him the N4 Form. If you can’t get a hold of him to serve him, you can just put the notice under the door or place it in the mailbox. This is the only procedure to follow at this point even if the tenancy was conditional on ODSP paying you the rent directly.

It is more efficient to proceed to the Landlord and Tenant Board and file the application to terminate the tenancy based on the non-payment of rent. If the tenant is not moving out willingly and not paying the rent you do not have any other option than to go to the Board to obtain an eviction order. Collecting the arrears can be difficult and sometimes impossible unless the tenant is working and you know where he/she works.

The Form N4 is the only form to use for non-payment of rent and eviction of the tenant through the Landlord and Tenant Board but you can only claim up to $35,000. In order to claim for the higher amount you would have to follow a different procedure which would involve going to a higher court and in that case you would have to hire a lawyer.

If the tenant is still in the unit and refusing to pay the rent, you should file with the Landlord and Tenant Board to obtain an order of eviction and an order for the arrears of rent.

Upon proclamation of Bill 184, landlords can file an application for arrears of rent with the LTB within one year from the date the tenant moved out  of the rental unit.

You can download the Form N4 from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

Since you are no longer the owner of the property, you will have to make a claim in Small Claims Court to collect the money owed to you.

Once you have served the tenant with a N4, if the tenant does not pay the rent on or before the termination date set out in the N4, you may file an L1 Application along with a Certificate of Service with the Landlord and Tenant Board to obtain an order to terminate the tenancy.

You may have to serve the tenant with the legal notice of early termination for non-payment of rent which is the Form N4, do no include utility charges on this notice. You can serve the notice by hand, but if that’s not possible the notice can usually be slipped under the door, placed in the mailbox or where mail is ordinarily delivered or it can be sent by regular mail (if sending by mail add 5 days for mailing time). Once the tenant receives the notice they will have fourteen days to pay the arrears of rent. If they do not pay, you can file an application with the Landlord and Tenant Board for early termination of the tenancy.

Upon proclamation of Bill 184, landlords can file an application for failure to pay utility costs with the LTB. You need to use the prescribed form. To get the form, visit http://www.sjto.gov.on.ca/ltb/forms/

With regards to this situation I would suggest to still try and find out if they are in fact leaving, and if so, ask them to provide you with written notice. If this is not possible and you’re not certain that they are moving out then the only thing to do is to file the L1 Application with the Landlord and Tenant Board based on the N4 that you have already served. You should not wait too long to do this because it can take at least four months to get an eviction through the Board process.

The Residential Tenancies Act does not set out a specific number of times that the tenant would have to be late with the rent before a landlord can seek eviction as the Board adjudicator will make this determination. However, our usual advice in this situation is to wait at least until you have served the tenant with the notice of non-payment of rent seven or eight times during the period of one year. Also, if you have a fixed term tenancy agreement (lease), the legislation does not permit you to seek early termination of that agreement if the grounds are persistent late rental payments.

The standard order will require the tenant to pay the arrears owing plus a per diem rate until the date they vacate the unit. The easiest method of collecting on an order is through a garnishment of wages provided you know where the person is employed. Garnishment is done in Small Claims Court with the order that you received from the Board which is the same as any other court judgment. As for tracking down the tenants, once they have moved out, the only suggestion we have is to go through an investigations agency to locate them.

You can serve the tenant with a notice of non-payment of rent anytime after the day the rent is due. The notice you would serve is a Form N4 which gives the tenant fourteen days to pay the rent owing. If the tenant does not pay within that time period then you would have to file an application with the Landlord and Tenant Board to obtain an eviction order. The entire process to evict for non-payment of rent can take approximately two months.

Non-payment may only affect a tenants credit score if there is judgement order by the Landlord and Tenant Board or the Small Claims Court and the order is registered with the Small Claims Court for collection.

The legislation that currently governs residential tenancies is the Residential Tenancies Act. You can view the legislation online at https://www.ontario.ca/laws/statute/06r17 or you can buy a copy from Publications Ontario at 416-326-5300 or toll-free at 1-800-668-9938.

The rules on this issue are set out under section 91 of the Residential Tenancies Act. It states that if a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant.

The Landlord’s Self-Help Centre is a community legal clinic funded by Legal Aid Ontario. Our mandate is to provide information and support services for landlords and homeowners on a nonprofit basis and to educate the community in landlord and tenant relations. The service we provide include referrals, general information and summary advice to small-scale landlords in Ontario regarding their rights and responsibilities, development and delivery of educational programs and material, and participation in law reform activities.

We have an information sheet entitled Before You Rent and Landlord Learning Videos posted to the website that provide guidance on a range of topics including screening tenants, these are beneficial for anyone becoming a landlord and renting for the first time https://landlordselfhelp.com/media/Before-You-Rent.pdf and https://landlordselfhelp.com/landlord-learning-tips/

On February 7, 2018, Ontario’s Ministry of Housing released the new Residential Tenancy Agreement (Standard Form of Lease). Ontario landlords entering into a written residential tenancy agreement on or after April 30, 2018 are required to use the new Standard Form of Lease as it is mandatory for all written tenancy agreements in Ontario. Please visit their website at https://www.ontario.ca/page/guide-ontarios-standard-lease-newcomers#section-0 for more information and to get a copy of the lease.

This would be similar to a superintendent situation and the regulations that would apply in that case would be Employment Standards and also the termination provisions under the Residential Tenancies Act, these differ from a normal tenancy situation.

A tenant is not entitled to a rent rebate if the landlord fails to provide the tenant with written notice of the landlord’s name and address. The Residential Tenancies Act, 2006 allows a tenant to suspend the payment of rent until they receive the required information at which time they are required to pay all withheld rent.

The first thing you should do is speak to the main floor tenants and ask them to keep the thermostat at an acceptable level, you should also follow-up with a letter. If they do not comply then this can be grounds for you to issue a notice based on the reason that they are interfering with the reasonable enjoyment of the premises by the other tenants. You would issue this notice using the Form N5, which can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

With regards to the first issue of interest payable on the last month’s rent deposit, tenants are allowed to deduct from the rent any interest that is owed to them. However, the interest rate is no longer 6%; that changed as of January 31, 2007 when there were amendments to the law. The interest rate is now equal to the rent increase guideline for each year. The rate for 2016 was 2.0%, 2017-1.5% and 2018 will be 1.8%. Even if your agreement stated 6%, you would not have to pay that rate because the law supersedes the agreement.

As for the other issue, in a case of emergency, if the tenant is unable to reach the landlord they may have the necessary repairs done and then present the landlord with the bill. If you were never notified of the problem and did not receive any invoice, you should insist that they provide you with the bill and proof of the problem. If they don’t provide you with anything then you could serve them with a notice of early termination for non-payment of rent (Form N4). This notice gives the tenant 14 days to pay and if they don’t, you can file an L1 application with the Landlord and Tenant Board for them to make a decision on this issue. The cost of filing is $201 (in-person) and $186 (online through e-File).

We cannot provide specific information on the insurance issues so we cannot confirm what they can or cannot do. You’ll have to speak to your broker about this. If you decide not to allow the tenant to have the wood stove, our suggestion would be to write him a letter explaining your reason for denying his request based on the insurance issue. This may help in the event that the tenant tries to claim that this is interfering with his reasonable enjoyment of the premises.

The Landlord’s Self-Help Centre does not provide a standard generic letter of recommendation.

Presumably if the tenant is not happy with your pro-rated value option, they can file against you at the Landlord and Tenant Board or in Small Claims Court. You are the best judge of what degree the property and you benefit from those items remaining behind. If may be a difficult case for the tenant to prove, given that this is a sort of retroactive claim for reimbursement, and there is no explicit agreement with you, nor is there likely to be any correspondence speaking to the matter.

Based on the issues you have described, the notices you would require are the N4- Notice to End a Tenancy Early for Non-payment of Rent, and the N5- Notice to Terminate a Tenancy Early for the other issues. These forms can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/. After serving these notices and waiting the required time period which varies depending on the notices served, an application has to be made to the Board to attend a hearing and obtain an Order for eviction. If you intend on doing this process on your own it may be best to call us and get further clarification on the procedures. If you plan on getting someone to represent you further, we suggest contacting the Law Society Referral Service to get a referral to a lawyer or paralegal that deals with landlord and tenant matters. They can be reached at https://lsrs.lsuc.on.ca/lsrs/, by phone at (416) 947-3330, or toll-free at 1-800-268-8326. There are no other legal aid services available to landlords except our clinic, but we can only provide summary advice, we do not provide representation.

There isn’t really a complete database of bad tenants that is easily accessible to landlords. However, there are certain organizations that landlords can join to obtain a credit check and a tenancy check on potential tenants. The following are agencies that provide this type of service. Rent Check at www.rentcheckcorp.com; www.tenantverification.ca; or www.tenchek.com.

With regards to your question, I’ve included the link below which is found on the Board’s website and provides information on this issue, http://www.sjto.gov.on.ca/ltb/decisions/.

Unfortunately we cannot provide you with any information on this issue as we only deal with residential landlord and tenant relations. We suggest contacting your local municipality about this matter.

Your understanding would be correct in this case. Since the tenant has the right to return to the unit after the renovations are done, he is coming back under the same agreement and the same terms and conditions would still apply as before the tenancy was interrupted. Based on that, our understanding is that the tenant would be grandfathered until he moves out.

If both tenants are on the same lease to rent the same unit (house, apartment) then the best thing for the landlord to do is nothing. Presumably, either one or both of the co-tenants will just move out because the living arrangement is no longer suitable. If that happens they will either give proper notice in writing, ask to assign the unit to someone else entirely, or they may both leave abruptly. If only one of them wants to leave, they are both responsible for the obligations they signed on for UNTIL they are both out of the unit. They both have the same rights and the same obligations to the tenancy. The Act does not really allow for partial assignments. In the meantime, ideally you should not be involved in any process or discussion that involves making current occupants a party to the lease until/unless both of the original tenants are in agreement about the matter. Also, unfortunately the Residential Tenancies Act does not ensure or enforce a landlord’s “right to know” who else may be in the rental unit with the tenant(s).

Our Duty Counsel’s response to your question is the following: It is in your best interest to disclose and remove the UFFI. Failing to disclose this information opens up a can of worms and an opportunity for a tenant to bring a huge claim against the landlord for all kinds of health problems—real or imagined.

The only way a landlord can increase rent above the guideline for an existing tenancy is by applying to the Landlord and Tenant Board if there has been a significant increase in taxes. You can include a provision, when entering into a new tenancy, that the tenant undertakes to pay the extra garbage related costs.

The Residential Tenancies Act does not require a tenant to obtain insurance, however landlords should include a provision in their tenancy agreement that the tenants have to obtain their own contents insurance. There are no rules on whether the landlord has to provide proof to their insurance company, you can verify with your own insurance company whether they require it.

We’re unable to provide specific answers when it comes to insurance issues. We can only provide advice on the Residential Tenancies Act, and we suggest that you speak to your insurance broker or visit the Insurance Bureau of Canada at http://www.ibc.ca for this information.

The definition of “residential complex” in the RTA can be found in section 2: “residential complex” means, (a) a building or related group of buildings in which one or more rental units are located, (b) a mobile home park or land lease community, (c) a site that is a rental unit, (d) a care home, and, includes all common areas and services and facilities available for the use of its residents. When it comes to eviction, a landlord has grounds to issue a notice of early termination (Form N5) to a tenant who is interfering with the reasonable enjoyment of his/her other tenants in the rental residential complex. The obligation of the landlord is to ensure that his tenants have reasonable enjoyment of the premises; there is no obligation towards the neighbours. However, if the problems are such that the City becomes involved and you’re receiving complaints from neighbours and/or the condominium corporation, there may still be grounds to serve the Form N5 on the reasons that the tenant is interfering with the landlord’s lawful right or interest.

This is one of those issues that is difficult to enforce even if it is stated in the lease agreement. If they do bring in a washer/dryer, there isn’t much that can be done unless it’s actually causing damage to the property or causing a plumbing or electrical problem, in which case the N5 Form could be served

If the property is in the City of Toronto, please review the Toronto Municipal Code https://www.toronto.ca/legdocs/municode/1184_629.pdf . Section 629-25 Occupancy Standards outlines how many people are allowed to live in the rental unit. You can also dial 311 – for the City Staff, who can call 311 – for the City Staff, who can put you through to Municipal Licensing and Standards staff to better answer your question. If the property is in another municipality, you should call that municipal government telephone number for clarification.

The landlord is responsible for providing and maintaining the rental unit in a good state of repair and fit for habitation and in compliance with health, safety and housing standards. It does not matter if the tenant was aware of the state of non-repair before they entered into the tenancy agreement. If a landlord does not maintain the property, the tenant can file an application with the Landlord and Tenant Board for an order to have the repairs done as well as an abatement of rent and reimbursement for any repairs they have done themselves. Although the Residential Tenancies Act does not permit a tenant to withhold rent because of maintenance issues, many tenants will do this to encourage the Landlord to bring a non-payment of rent application to the Board at which time the tenant can bring up the maintenance issues.

As of July 21, 2020, tenants are required to provide advance written notice to landlords of their intention to raise these issues at the hearing and they must give such notice in accordance with the Landlord and Tenant Board rules.

It is not advisable to enter into such an agreement. It is the landlord’s responsibility to maintain the property and ensure that it is in a good state of repair, the landlord cannot pass on that responsibility to the tenant. If they move in under these conditions and then decide against doing the work you would still be obligated to do it and they can claim an abatement of rent based on the unit not being in a good state of repair.

You may still be required to repair the air conditioner if it was in the rental unit when the new tenant moved in. Although there may have been no mention of providing air conditioning in your Tenancy Agreement, once the tenant began using the existing air conditioner it became an implied agreement that the air conditioner is provided and therefore you are responsible to maintain it.

The Residential Tenancies Act, 2006 states that maintenance issues are the responsibility of the landlord. Therefore, your issue is one which involves contract law and we do not advise in this area. You may wish to seek the advice of a lawyer or paralegal.

Dealing with mould issues in a rental property can be a bit challenging, and it doesn’t help that the law does not set out clear guidelines on how to deal with this type of situation. The first step for you would be to meet with your tenants and try to come up with a plan on how to deal with the problem. If they have to move out temporarily while you get the problem corrected, you should offer them a rent rebate for the time that they’re out of the unit, or offer to pay for their accommodation costs. It is really up to both parties to work something out. If they chose to move out instead and terminate their tenancy, then you should both sign an Agreement to Terminate the Tenancy which is a Form N11, this form can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

The Residential Tenancies Act, Section 20 states that “a landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.” When it comes to any kind of pest infestation in a rental unit, it is the landlord’s responsibility to deal with the problem.

We only deal with residential tenancies and therefore cannot advise on commercial rental properties. For general information on commercial tenancies, contact the Commercial Tenancies Automated Information System at 416-585-7373.

The landlord is responsible for maintaining the property which includes clearing the snow and mowing the lawn. If a tenant agrees to do these tasks, the tasks should be clearly laid out in the tenancy agreement. In the event that the tenant fails to live up to the terms of the agreement, it is ultimately the responsibility of the property owner.

This is an issue that is not really addressed in the Residential Tenancies Act. It is usually up to the landlord and the tenant to work out an agreement at the beginning of the tenancy on how the garbage and recyclable items will be collected. If there is nothing in your tenancy agreement about it, you can try taking the position that all other tenants in the building take out their own garbage and it’s understood that would apply to her also. However, if she is insisting to charge you for it, your only recourse would be to take the matter to the Landlord and Tenant Board for a decision.

When it comes to snow removal, this is usually part of the landlord’s maintenance obligations. It’s the landlord’s responsibility to ensure that the rental property complies with any health, safety, housing and maintenance standards, is kept in a good state of repair, and is fit for habitation. In some cases, tenants might agree to take on this task. If this is the case, it should be clearly stated in the tenancy agreement. However, if they don’t comply, it can be difficult for landlords to enforce and the landlord may still be held responsible. If the municipality gets involved, they will order the property owner to take care of the problem, not the tenant.

Most tenants will usually do it themselves; however, the Act states that tenants are only responsible for ordinary cleanliness of the unit. Therefore, this would fall under the landlord’s maintenance obligations.

Section 20 of the Residential Tenancies Act states that “a landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.” The landlord can only hold the tenant responsible if the landlord can prove that the tenant is the one that has caused the problem. If it can’t be proven then the landlord has to pay the cost to repair.

Once a lease expires the tenancy becomes month to month. The tenant is still required to provide 60 days notice to terminate the tenancy. However, if the landlord is asking the tenant to leave then the notice period depends on the reason that the landlord is terminating the tenancy. More information can be obtained on this issue at the Landlord and Tenant Board website: http://www.sjto.gov.on.ca/ltb/faqs/.

At the end of the lease if the tenants wish to vacate, they must give 60 days written notice pursuant to the provisions of the Residential Tenancies Act.

At the end of the initial lease agreement, if the tenants wish to stay on they can choose to stay on a month to month basis under the same terms and conditions of the expired lease. The tenants are not obligated to renew for another year. On a month to month tenancy the tenants must still give 60 days written notice when they decide to move out. However, when the landlord is giving notice to the tenants the notice period will depend on the reason to terminate.

When there is a lease in place, the landlord can only terminate at the end of the lease if the landlord has a valid reason to terminate the tenancy such as the landlord requires possession of the unit for his own personal use, etc.

If this is not the case, the tenancy will continue after the lease expires, it automatically becomes a statutory tenancy on a month-to-month basis under the same terms and conditions of the lease.

Ontario landlords are now required to use a standard form of lease. The Ontario Ministry of Housing has released a Residential Tenancy Agreement (Standard Form of Lease) which is mandatory for all written tenancy agreements entered into on or after April 30, 2018. You will find the standard form of lease at http://www.mah.gov.on.ca/Page18704.aspx.

Provided this information is clearly stated in the lease agreement and the tenant agrees to it from the beginning of the tenancy this should not be an issue.

There is no legal way to require a tenant to sign a lease once they are already in possession of the unit, the tenant would have to agree to it.

Under the Residential Tenancies Act there is no provision which allows a landlord to charge a fixed penalty when a tenant terminates a tenancy before the end of the rental term. A landlord’s recourse when a tenant moves out before the end of the lease term is to mitigate their loss by finding new tenants as soon as possible and file a claim for any losses the landlord incurred as a result of the tenant’s breach of contract in Small Claims Court.

The law does not require a landlord to provide a prospective tenant with a copy of the lease before it is signed; the law only requires that the landlord provide the tenant with a copy of the lease within 21 days after the lease has been signed.

The problem a landlord may face in having a long term lease is terminating the tenancy. There are certain grounds to terminate a tenancy that are only possible at the end of the term or lease period. These grounds are the following: terminating based on landlord’s or purchaser’s own use, persistent late payment of rent or major renovations to be done on the unit. In any of these situations the tenancy cannot be terminated early, the tenants are protected by the lease. Of course if they stop paying rent altogether or they are causing damages or disturbances the lease can be terminated early for those reasons.

When the tenant does not pay the rent or only makes a partial payment, the notice you would serve is a Form N4 which gives the tenant fourteen days to pay or move out, this is under section 59 of the Residential Tenancies Act. If the tenant is persistently late in paying the rent you should serve the Form N4 each time the rent is not paid on the due date. Eventually after serving several of the N4’s then you would serve the tenant with a Form N8 which is the notice of termination based on persistent late payment of rent, section 58. You can obtain all the forms and more detailed information on the procedures from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

The law does not set out a specific number of times that the tenant would have to be late in order to be evicted. It is still up to a Board adjudicator to make the decision but our usual advice is to wait at least until you have served the tenant with the notice of non-payment of rent seven or eight times during the period of one year before seeking termination for this reason. If you have a fixed term tenancy agreement (lease), the notice cannot terminate before the lease expires. Therefore, the earliest you can secure termination of the tenant based on persistent late rental payment is at the end of the lease.

Yes, you can. However, if your tenants are always late paying the rent, you should be serving them with the notice of non-payment of rent (Form N4) which gives them fourteen days to pay the arrears. If they do not pay within that time or make only a partial payment then you can apply to the Landlord and Tenant Board after the fourteen days are up. However, if they do pay up you will have to wait until the next time they are late and serve the N4 again. You may have to do this several times before attempting to evict them based on persistent late payment of rent, at which point you would serve a Form N8.

Since there is a fixed term agreement, the tenancy cannot be terminated based on persistent late payments until the end of the lease term. In the meantime, unless the tenant agrees to vacate earlier, all you can do is keep serving the N4 notice each time rent is late. You can serve notice a minimum 60 days prior to the end of the agreement on Form N8 based on persistent late payment. Ensure copies are kept of every notice you serve to support your application to the Landlord and Tenant Board.

It’s very frustrating for a landlord who is dealing with tenants not paying their rent on time, but unfortunately the only thing that can be done is issuing the N4 notice whenever the rent is not paid on the due date. If the tenant pays the rent, then you basically have to wait until the next time it happens and serve her again. Eventually after serving several N4’s you may serve a notice to terminate based on persistent late payments (form N8), but it’s not easy to evict a tenant for this reason. The Board will usually give the tenant another opportunity to start paying rent on time and issue a payment plan.

If you need the unit for your stepfather to move in, that would be a valid reason to terminate the tenancy. In this case you could serve the tenant with a form N12, giving them 60 days to terminate at the end of the rental period. However, the tenant could still refuse to move out, in which case you will have to file an application with the Landlord and Tenant Board to go to a hearing for the Board to decide. You will have to pay the tenant one month’s rent as compensation or offer them another unit acceptable to them, and the person who will be moving in will have to swear an Affidavit stating their intentions to move in to the unit. Visit the Board’s website for more information on the procedures and to obtain the forms, http://www.sjto.gov.on.ca/ltb/forms/.

If the tenant files a bad faith application based on the N12, upon proclamation of Bill 184, the tenant can get an order against you for the following: an order to pay the former tenant an amount of increased rent for up to 1 year, an amount of up to 12 months’ rent charged to the former tenant, an amount for reasonable out-of-pocket expenses, a maximum administrative fine of $10,000 and up to $35,000 which is the current jurisdiction of the Small Claims Court, and other penalties as deemed appropriate by the adjudicator.

The first thing you need to know is that you should not use up the last month’s rent deposit, that is only applied when there is confirmation that the tenant is moving out. What you have to do is serve the tenant a notice of non-payment of rent which is the N4 Form. This notice gives him 14 days to pay the outstanding rent; if he fails to pay within that time period then you’ll have to file an L1 application, along with a Certificate of Service with the Landlord and Tenant Board to go to a hearing and obtain an eviction order based in the arrears of rent. The forms can be obtained from the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

If the tenant is not paying her rent on time, a landlord can serve the tenant with a Form N4 – Notice to Terminate a Tenancy for Non-Payment of Rent whenever a rent payment is late. The notice is void once the rent is paid however this is the best way to document the late payments which can eventually be a reason to terminate her tenancy.

With regards to late rental payments, we usually suggest that once you have served the tenant with at least seven or eight N4’s then you can issue a notice of termination based on persistent late payment of rent which is a Form N8. This notice must be 60 days’ notice terminating on the last day of the rental period. Once you have issued the notice, you may apply to the Landlord and Tenant Board anytime within the 60 day period if you think the tenant will not leave according to the notice. To apply to the Board you will need to file the L2 Application along with a Certificate of Service. All the forms can be obtained from the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

You should also search through Board decisions posted to CanLII, https://www.canlii.org/en/on/onltb/, for dealing  late payment of rent cases to get an idea on how the Board deals with this issue.

The Residential Tenancies Act does not allow landlords to charge tenants a late payment fee, even if it is stated in the lease agreement.

Landlords must pay interest on the deposit annually*. If the landlord fails to pay the tenant interest owing, the tenant may deduct the amount of interest owing from a future rent payment. *The Residential Tenancies Act allows landlords to top-up the rent deposit by deducting the amount required to bring the deposit up to the current rate from the interest due to the tenant.

A landlord can request a top-up of the last month’s rent deposit when a notice of rent increase has been given. Since the landlord is required to pay interest on the last month’s rent deposit annually, instead of paying this interest to the tenant, the landlord can use it to top-up the last month’s rent deposit. Let your tenant know that this is what you will be doing or they may decide to deduct the amount of interest they are owed from their next rent deposit.

The last month’s rent deposit should be dated for the present date as you are supposed to have that deposit before the tenant takes occupancy. If you do collect a last month’s rent deposit you do have to pay interest on the deposit annually. The first month’s rent could be postdated for the day the tenant is moving in, however there is a risk that the cheque could bounce and you would not know it until after the tenant is already in there, the best practice is to ask for cash or certified cheque for the first month’s rent.

The Residential Tenancies Act does not permit the charging or collection of a last month’s rent deposit after the commencement of the tenancy. Section 106(1) of the Act states that, “a landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement.” Even if an existing tenant were to “agree” to pay a LMR deposit, the Act does not allow contracting away one’s rights, so both the Landlord and Tenant Board and the Rental Housing Enforcement Unit would consider the payment to be in contravention of the Act under S. 234(d): 234. A person is guilty of an offence if the person, (d) requires or receives a security deposit from a tenant contrary to section 105. It is likely that charging LMR mid-agreement will result in the landlord being fined.

The landlord is required to pay the tenant interest on the last month’s rent annually. If the landlord fails to pay the interest on the anniversary, the tenant is permitted to deduct the amount owed from the rent if the landlord has failed to pay the interest when it was due.

Never apply the deposit held for last week/month’s rent as it is the only security you have. If the tenant is unable to pay the current rent, issue a notice of early termination for non-payment. The rent deposit is to be applied to the last rent period before the tenancy terminates.

If the tenant decides to vacate the rental unit and end the tenancy sooner, they are required to provide the landlord with at least 10 days’ notice in writing. This written notice should be served to the landlord on Form N9 (as per the tenant’s  right indicated on the N12 form). The date the tenant vacates is considered the last day of the tenancy and the landlord may end up owing rent back to the tenant on a per day basis. If the rent is paid up to date and the tenant vacates 30 days prior to the termination date on the N12,  then the last month’s rent would be returned to them.

On the other hand, the landlord may need to file an application for eviction (Form L2) with the Landlord and Tenant Board, if there is a chance that the tenant might not move out on or before the termination date on the N12. In that case, the L2 could be filed at any time or as late as 30 days after the termination date on the N12. An affidavit or declaration by the purchaser (or their family member who requires the unit) also needs to be filed with the L2 application.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offering another unit that may be acceptable to them, if pursuing the N12 notice on behalf of the buyer. The compensation must be given before the termination date on the notice.

The landlord is required to pay the tenant interest on the deposit held for last week/month’s rent. The amount of interest due for deposits held up to January 30, 2007 is 6%. Interest due for deposits held on and after January 31, 2007 is the rate equal to the amount of the annual rent increase guideline. The yearly guideline percentages can be found on our website at http://www.landlordselfhelp.com/RentIncreaseGuideline.htm or at https://www.ontario.ca/page/rent-increase-guideline

If your tenant is not moving out at the end of the lease, you would still collect the rent for May and hold on to the initial last months’ rent deposit which is to be applied to the last month the tenant is in possession of the unit. However, the interest must still be paid at that point.

As you are already aware, a landlord can only collect the last month’s rent deposit. If you collect anything above one month’s rent, that would be considered an illegal deposit even if the tenant offered. If she is taking the matter to the Landlord and Tenant Board to get the deposit back, then the Board will most likely order that you return it to her. There is no way to argue this.

The interest on the last month’s rent deposit must be paid annually to the tenant. The interest amounts payable are set by the rental increase guidelines. You can get more information on our website at: http://www.landlordselfhelp.com/RentIncreaseGuideline.htm or at https://www.ontario.ca/page/rent-increase-guideline

Unfortunately since the tenant has already moved in, you don’t have any recourse if he does not pay pay up the last month’s deposit. The deposit should be collected prior to the tenant moving in otherwise they are no longer obligated to pay it once they move into the unit.

Unless the landlord collects the deposit prior to the tenant moving in, the tenant is not obligated to pay it once they are already in possession.

Landlords may require a prospective tenant to pay a deposit BEFORE entering into a tenancy agreement. The maximum amount a landlord is entitled to collect as the deposit for the last week/month is the equivalent one rent period (either one week or one month depending on the tenancy agreement).

The interest rate that you have to pay on the last month’s rent deposit is the same as the rent increase guideline for the current year.

A damage deposit is illegal, you can only ask for the last month’s rent deposit. As for postdated cheques you cannot require that from the tenants, if they choose to pay the rent in that manner then you can accept it, otherwise they can just give you the payment each month.

The issue of snow removal should be clarified in the tenancy agreement. If the tenant did not agree to do it, then it is the landlord’s responsibility.

According to the Residential Tenancies Act a landlord is responsible for providing and maintaining a rental unit in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. When it comes to pest problems, it is usually the landlord’s responsibility to take care of the problem.

If the blinds were in the rental unit when the tenancy agreement was entered into and the blinds are in need of repair then it is the landlord’s responsibility to pay for a replacement.

You are not required to provide your tenants with an abatement of rent if the baseboards are in good repair. You and your tenant can sign an agreement stating that the baseboards are in good repair and tenant may change the baseboards should they wish at their own expense.

According to the Residential Tenancies Act a landlord is responsible for providing and maintaining a rental unit in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. Therefore, when there is a pest problem in a rental unit, it is usually the landlord’s responsibility to take care of it unless it can be proven that it was the tenants that have caused the problem.

If you are able to prove that the tenant is the one that caused the damage either wilfully or through negligence you can ask the tenant to pay for the cost of repairs.

The law does not set out specific provisions on this issue, generally if a problem occurs through no fault of the landlord and the landlord takes care of the problem promptly, the tenant has no claim against the landlord and should try to claim it on their insurance. However, if the tenant feels that the landlord is responsible they may file an application with the Landlord and Tenant Board for a decision.

As the landlord you have to try and help resolve the issues. The important thing is not to ignore a tenant’s complaints. Ask the tenants to provide their complaints in writing and keep track of when and why tenants are making complaints about other tenants. If you ignore the situation, the tenant may bring an application against you at the Landlord and Tenant Board.

As you can see from the information you have read in the Human Rights Guide, landlords do have a duty to accommodate tenants with special needs unless to do so would cause undue hardship. The Human Rights Code takes precedence over other legislation. Therefore, even if the City is telling you that you’re not required to build the ramp you will still have to follow the Code requirements.

We cannot provide any information on the appeal process as that is outside our level of expertise. When it comes to appeals, you have to seek advice from a lawyer.

Generally, if an order is made for the tenant to pay outstanding rent, it is to be paid directly to the landlord. In some cases, tenants may be directed to pay rent into the Board, but that usually happens if a case is adjourned and the Board will hold the funds until a decision is made.

Rules 26 of the Landlord and Tenant Board Rules of Practice (http://www.sjto.gov.on.ca/documents/ltb/Rules/LTB%20Rules%20of%20Practice.html) specify: At the end of a hearing, the Member will adjourn the hearing pending the issuance of an order. In view of subsection 17(1) of the SPPA, the written order is the official decision of the Board. The written order (and reasons, if issued) have legal status and are enforceable. 26.1 The Board shall send a copy of any order and/or reasons to each party to the application: (a) by ordinary mail to the last known address of each party; (b) by ordinary mail to the representative of the party; or (c) by any other method directed or permitted by the Member. Provided the case is not too complicated, Orders tend to be issued within a week or so from the hearing date.

Once the Board issues an Order for arrears based on an L9 application, that Order can only be enforced in Small Claims Court. The Board does not deal with the collection process. If you know where the tenant is employed or where they bank, you can go to Small Claims Court and file for a Garnishment of wages or bank account. This can be done even if the tenant is still in possession of the unit.

Past cases from the tribunal can be found on CanLii (you can narrow your search by using specific keywords or document text in your search).

You can visit http://www.sjto.gov.on.ca/ltb/contact/ for a complete list of Regional Office locations and fax numbers. You’ll also find a listing of ServiceOntario Centres where documents can be filed.

According to the Landlord and Tenant Board’s website, the role of the Board is to resolve disputes between landlords and tenants through either mediation or adjudication, regulate rent increases in most residential rental units, and educate landlords and tenants about their rights and responsibilities under the Residential Tenancies Act. The Board is an independent agency. Any decision which the Board makes about the rights or responsibilities of individual landlords or tenants cannot be influenced by any Member of Provincial Parliament or Minister of the Crown.

The Board will schedule a hearing to listen to what the landlord and the tenant have to say, and to consider any evidence they have to present. For most applications an oral hearing is scheduled. In an oral hearing the parties appear in person before the Member. Each party presents any evidence they have and they tell the Member about the situation. Sometimes the Board will schedule an electronic hearing. In an electronic hearing the parties often file written evidence before the hearing and then they tell the Member about the situation over the telephone or by video conference. Sometimes the Board will schedule a written hearing. In a written hearing the parties provide information about the situation by filing written documents by the deadlines set out in the Notice of Hearing. The Member uses these documents to make their decision. The above information is posted at http://tribunalsontario.ca/documents/ltb/Brochures/Important%20Information%20About%20Your%20Hearing%20(EN).html

The Simcoe County Housing office that provided the tenant’s income is not under any obligation to release personal information about their clients to any third party. All businesses in Canada, even landlords, are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). Personal information may be stored and disclosed only by fair and lawful means, with the individuals consent, and only for purposes that are stated between the parties. The other problem you have is that even if you find out the employer information on your own, and begin to garnish the wages by taking the employer to Small Claims Court, the tenant could quit their job. If this happens, the garnishment payment to court and to you would stop, and you would have to start again once you find out who their new employer is.

The Board does not provide an interpreter unless it is for French Language services. Information from the Landlord and Tenant Board website, http://www.sjto.gov.on.ca/ltb/language-services/, appears below: “Does the Board supply an interpreter at hearings?” The Board will only supply an interpreter at a hearing for two reasons: 1. to provide French language service to a party if: • the rental unit in the application is in an area of the province designated by the French Languages Services Act; or, • the party making the request for French languages services lives in a designated area. 2. to provide a sign language interpreter for a party who is hearing impaired. If you need an interpreter for one of these reasons, you should let the Board know as soon as possible. If these reasons do not apply to you but you would prefer to have an interpreter with you at the hearing, then you will have to get someone to interpret for you at your hearing. This may be: • someone you know that speaks both your native language and English, who would be willing to help you at your hearing, or • it could be an interpreter that you hire to interpret for you at your hearing.” I suggest you contact a community agency through 211.ca or by calling 211 to help you find an interpreter.

The Landlord and Tenant Board is similar to a court and they basically provide information about the law and resolve disputes between landlords and tenants. It is not an organization that you would join.

First, gather any evidence that you want to bring to the hearing such as the Affidavit you filed with the Board, maps of the rental unit, pictures or any other evidence that would be relevant to your hearing. Make sure to bring three copies of any evidence you are intending to rely on: one for the adjudicator, one for the other side and one for yourself.

If the hearing is for a family member’s own use (i.e., your spouse, child or parent) you should arrange for them to come to the hearing as a witness. This can help in case the adjudicator wants to clarify matters by questioning the person who wishes to occupy the unit in good faith.

Finally, it may be beneficial to observe a hearing at the Landlord and Tenant Board since they are open to the public. This will give you a general understanding of how a hearing is held and if you find that you are not comfortable representing yourself in front of the Tribunal Member, you can then look into hiring a agent (i.e. paralegal or lawyer) to represent you.

At this point, what you should do is serve a new N5 as a first N5 with a 20 day termination date. If the problems are not corrected within 7 days, you would not serve a 2nd N5, you would just simply proceed with the next step which is to file the L2 application with the Board. The only time you serve a 2nd N5 with a fourteen day notice period is when the first N5 was corrected within the seven days and then the problems started again.

You can still attend the LTB hearing to obtain an Order for the month that is still outstanding as long asthe tenants received the Notice of Hearing before they moved out.

If the application is based on a notice given to the tenant, you first need to determine if there are any mistakes on the actual notice.  If the termination  notice is perfect and does not have any errors, then you should be able to re-file an amended application or ask the adjudicator at the hearing to correct the error on the application (if you do not have time to submit one before the hearing).

The Landlord and Tenant Board will advise you of the hearing location, LSHC does not have that information.

You can file more than one application with the Board. If you’re serving the N5 and you have already served the N4, you can wait until the termination date on the N4 and file both applications together so that you will only pay the filing fee once.

When an application can be filed depends on which notice you served on the tenant. If the notice is based on nonpayment of rent, then you can apply to the Board anytime after the termination date. If you’ve served a different notice, visit www.landlordselfhelp.com or the Landlord and Tenant Board www.sjto.gov.on.ca/ltb for more information about the different notices.  

To contact the Landlord and Tenant Board by phone, call 416-645-8080 from within the Toronto calling area, or toll-free at 1-888-332-3234 from outside Toronto. Customer Service Representatives are available Monday to Friday, except holidays, from 8:30 a.m. to 5:00 p.m. Representatives provide information about the Residential Tenancies Act; they cannot provide you with legal advice. You can also access the Board’s automated information menu at the same numbers listed above 24 hours a day, 7 days a week. Visit http://www.sjto.gov.on.ca/ltb/ for more details.

We cannot provide any kind of in-depth preparation for your hearing. Going to similar hearings would be the best way to prepare if you have time for that. The Landlord and Tenant Board offers a publication that provides an overview of the hearing process,  http://www.sjto.gov.on.ca/documents/ltb/Brochures/Important%20Information%20About%20Your%20Hearing%20(EN)%20Revised_Bill140_June15_2015.pdf.

Also, using the search term “own use” in the search function of the LTB website will help you to prepare for some questions the Member or the tenant may have for your parents who should also attend the hearing. http://www.sjto.gov.on.ca/?s=own+use&search-type=en&submit-button.x=0&submit-button.y=0

Based on what you have described, it does seem that the Member was being biased in pushing the tenants to obtain legal counsel when they had already been advised and chose not to. However, the only suggestion we have for you is to file a complaint about the Member’s conduct. I’ve included the link below to the Board’s Complaints procedure which explains how to file a complaint, http://www.sjto.gov.on.ca/documents/sjto/Complaints%20Policy.html.

Mediation is voluntary, you are not required to mediate your dispute if you do not wish to do so. You may have an adjudicator decide on the issue.

The Landlord and Tenant Board should have sent you a copy of the Application and the Notice of Hearing at least ten days before the hearing. The Application will have details on the reasons for the application, and the Notice of Hearing will contain details on the time and location of the hearing. If you have not received anything, you should contact the Board and ask them to provide you with that information. You can call us when you have more information on the basis of the application, we could then tell you whether you require a lawyer or paralegal.

The guideline is usually announced in August for the following year. You can find more information about this on our website at https://landlordselfhelp.com/annual-rent-increase-guideline/ and at https://www.ontario.ca/page/rent-increase-guideline

When you purchase a property with tenants in possession you assume whatever agreement they have in place with the previous owner. Therefore, when you take over as the new owner you are not allowed to increase the rent unless it’s by the allowable guideline and if the tenants have not had an increase in the past twelve months. To increase the rent you must give the tenants a 90 day notice on a prescribed form which is a Form N1.

If you don’t take an increase each year, you will not be able to recover it. In this case you can only increase the rent by this year’s guideline amount. You can find a link to the current amount on our website at http://www.landlordselfhelp.com/RentIncreaseGuideline.htm.

A landlord may increase the rent above the guideline amount due to capital expenditure. The landlord must file an application to the Board for approval to increase the rent above the guideline amount. An above guideline increase cannot exceed the guideline amount plus 3%.

This article refers to Section 6 (2) of the Residential Tenancies Act which provided certain exemptions from the rent control portions of the Act. On April 20, 2017 pursuant to Bill 124, An Act to amend the Residential Tenancies Act, 2006, properties which had a date-based exemption from rent control and the annual rent increase guideline were eliminated.  The annual guideline now applies to most residential rental properties in Ontario, including the following units which were previously date-based exempt:

  • The rental unit was not occupied for any purpose before June 17, 1998 – meaning it is either in a new building (often a condominium building) built since 1998, or an older building with a new unit or never occupied, residentially or otherwise, before June 17, 1998;
  • It is a rental unit no part of which has been previously rented since July 29, 1975 – meaning only the owner has used or occupied the unit since 1975; or
  • No part of the building, mobile home park or land lease community was occupied for residential purposes before November 1, 1991 – meaning the building was probably commercially used before 1991 and then was converted to residential use.

In the above situations, the rental unit is now subject to the annual rent increase and a N1 form should be given to increase rent only by the guideline.  Landlords are required to provide 90 days written notice when increasing the rent using the N1 form, available online at: http://www.sjto.gov.on.ca/ltb/forms/

You are still entitled to the rent increase in this case because this would not be considered a new tenancy. The tenancy continued and remains the same despite the fact that one of the tenants has moved out and she signed a new lease.

Landlords can apply to the Landlord and Tenant Board for an increase above the guideline based on capital expenditures. However, the capital expenditures must be completed and paid for within an 18-month period that ends 90 days before the date of the first rent increase requested in the application. You can read more about this issue at the following link to the Board’s information brochure on applications for rent increase above the guideline,

http://tribunalsontario.ca/documents/ltb/Brochures/Information%20about%20AGI%20Applications%20(EN)%20Revised_July10_2020.pdf

If the reason for termination is based on the tenant’s drug dealing, the best way to prove it is when the police have laid charges and you can get the police report and/or summons the police officers to the hearing. You should also have other witnesses such as the other tenants in the residential complex. There are selected cases posted on the Landlord and Tenant Board’s website, I believe there are a couple of these cases that deal with illegal activities.

In this case, you can serve your tenant with Form N6 – Notice to End your Tenancy for Illegal Act or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit. This notice is a 20 days notice to end the tenancy (Reason 1), and the tenant is not given an opportunity to correct the situation. You can file an application with the Landlord and Tenant Board right after you provide your tenant with this notice.

Section 61.1 of the RTA may apply in this case and you could serve the Form N6 to the tenant based on the by-law infractions but only if you have been served with a Notice of Violation from the local municipality specifying the infractions.

If you simply suspect drug use it may not be enough grounds to evict unless you can get proof. You can serve Form N6 based on illegal acts if you are able to gather evidence about the illegal drug use and/or possession/distribution by your tenant or their guests at the rental unit. However,  if your house contains 3 or fewer residential units, you can serve the Form N7 based on the disturbances. In both cases, you will also need to submit Form L2 and a Certificate of Service when applying to the Landlord and Tenant Board for a hearing. The cost of filing an application with the Board is $201 (in-person filing) and $186 (online through e-File).

I’ve attached the link below to the Landlord’s Reference Guide to Human Rights in Rental Housing found on our website, I think it should provide some clarification on the issue of renting to tenants with disabilities and the landlord’s duty to accommodate. Other than this there aren’t really any other differences, the Act would apply in the same way as in any other rental situation, https://landlordselfhelp.com/documents/a-landlords-reference-guide-to-human-rights-in-housing-english/  and https://landlordselfhelp.com/documents/a-landlords-reference-guide-to-human-rights-in-housing-french/

According to the Human Rights Code, a 16 or 17 year old person who is living away from their parents cannot be refused an apartment because of their age, and a lease signed by a 16 or 17 year old is legally binding.

Section 13 of the Ontario Human Rights Code does not allow publication or notification that indicates an intent to discriminate against any person covered by one of the protected grounds in the Code. Students and persons requiring a guarantor would presumably fall under the category of age, family status or person in receipt of public assistance. So unless the owner intends to share a kitchen or bathroom with the person answering the rental ad – these situations would be exempt from the Code under Section 21 – then the ad would most likely be in violation of the Code.

A landlord who lives in the same rental property as the tenant that has 3 or fewer residential units may serve the tenant with a Form N7 – Notice to End your Tenancy For Causing Serious Problems in the Rental Unit or Residential Complex if the tenant harasses them. This is a 10 day termination notice that allows a the landlord to apply to the Landlord and Tenant Board to terminate the tenancy immediately after giving the N7 to the tenant.

Provided the superintendent lives on the same property as the tenant, then the Form N5 would be the notice to use in this case.

Generally it is the landlord’s responsibility to take care of any pest problem in a rental unit. However, if it’s clear that the problem was caused due to the tenant’s neglect, such as not removing garbage, it would not be unreasonable to ask them to pay for the cost of the extermination or at least splitting the costs with you.

Generally landlords are responsible to take care of any pest problem in a rental unit and it seems that you have done so in this case. However, the law does not state specifically whether you are responsible for anything else. It would be up to the Board to decide if the tenant is entitled to any further compensation. If the tenant has deducted amounts from the rent you can serve them with a notice of non-payment of rent for the amounts that you stated, in this case you will have to use the Form N4.

If your daughter will be living in the property and sharing the kitchen and/or bathroom facilities with the tenants then the tenancies would be exempt from the Residential Tenancies Act even if your daughter is also paying rent.

The following is from Section 5 of the Residential Tenancies Act, listing your exempt situation. Subsection (i) is the section relevant to your situation: 5. This Act does not apply with respect to, (i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located.

The tenancies are exempt from regulation by the Residential Tenancies Act because your daughter shares kitchen and bathroom with them. You therefore can include any provision in your rental agreement as long as the renters agree to the terms and conditions.

If the renters have to share the kitchen or bathroom with the owner, their child, spouse or parent and if the room that they are now occupying is your brother’s principle residence and he lived there before the lodgers moved in, then they likely are not TENANTS covered by the Residential Tenancies Act. Rather they are licensees and your brother has much more leeway in terminating them.  Please see our fact sheet on such matters – https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf. Otherwise, the termination options are more complicated and the forms must be done correctly.

Our clinic’s policy permits us to provide advice and information to small landlords only, it is a conflict for us to advise tenants as well. The only suggestion we have for you in trying to convince the police that you are not covered under the RTA is to show them the section of the Act that provides the definition of landlord. Here is a link to one of our Fact Sheets which provides information on the two main types of exemptions; owner sharing facilities with a tenant and a tenant and roommate situation https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf.

The Residential Tenancies Act will still apply in this type of rental agreement. The unit would only be excluded from the Act if the tenant would be required to share the kitchen and/or bathroom facilities with the owner of the property.

When a tenancy is exempt from the Residential Tenancies Act it is usually common law that applies, and it is at the discretion of the landlord to deal with certain issues as long as the landlord acts reasonably. In this type of rental accommodation it is beneficial to have a detailed written rental agreement including all the conditions of the rental. This will facilitate the enforcement of any of the provisions, since no other law would apply and you can only go based on what is stated in your agreement.

You are correct. If the tenant is required to share the kitchen and/or bathroom facilities with the owner then the tenancy is exempt from the Residential Tenancies Act. It means that there isn’t really a law that would apply to the tenancy, and it was at your discretion whether to allow the sublet or not.

If the rental accommodation you describe is seasonal accommodation it may be exempt from the Residential Tenancies Act and LSHC is unable assist you with this matter.

Since you are sharing the kitchen facilities with the tenants, the tenancies are not covered under the Residential Tenancies Act. The only law that may apply in this case is contract law. Since you did have a written contract and it specified that the tenant would have to provide a 60 days’ written notice to end the tenancy, you may be able to pursue him in Small Claims Court of you incur a loss of rent. However, you should try to re-rent the unit as soon as possible. If you need more advice on this matter you may have to consult with a lawyer or a paralegal.

A residential unit within a commercial building is subject to the rules and regulations of the Residential Tenancies Act, 2006.

Since the owner of the property is sharing kitchen facilities with the renter, the rental agreement is exempt from the Residential Tenancies Act. For more information on how to deal with your tenant, please have a look at our Sharing Kitchen and/or Bathroom RTA Fact Sheet which can be found at: https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf.

Since you share the kitchen facilities with the tenant, you are not governed by the Residential Tenancies Act provisions on these issues. Common law would apply or usually you would follow whatever has been stated in the rental agreement. Landlords can incorporate their own rules in their agreements. If there is no rental agreement, then you would simply use your own discretion. Typically, owners in this situation can give 30 days’ notice to end the tenancy if the agreement is monthly or one week notice if the agreement is weekly. You can also refer to our Fact Sheet on Sharing kitchen and/or Bathroom for further information, here is the link https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf.

If the owner is sharing the kitchen and/or bathroom facilities with the boarder the tenancy is not covered by the Residential Tenancies Act. Please refer to the Fact Sheet “Sharing Kitchen and/or Bathroom” at https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf.

A room rental still falls under the Residential Tenancies Act unless the roomer is required to share the kitchen and/or bathroom facilities with the owner, the owner’s spouse, child or parent or the spouse’s child or parent. If that is the case then this type of rental would be exempt from the Residential Tenancies Act. If you are in this category you will find a Fact Sheet on our website specifically addressing this issue, here is the link, https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf.

If the tenant does not vacate voluntarily you will have to file for eviction with the Enforcement/Sheriff’s office. You will find a Fact Sheet on this issue at https://landlordselfhelp.com/media/Eviction-By-Sheriff.pdf

The only option you have to enforce the Order of the Landlord and Tenant Board is the Sheriff. The Sheriff’s fees can be recovered from the tenant when you are collecting on the Order received from the Board. One method of collecting is to file a Garnishment of Wages or Bank account which is done in Small Claims Court. You must have the information on where the tenant works to proceed with a garnishment. If you do not have this information you may have to go to a collection agency instead.

A tenant has up to one year after an eviction to file an application against the landlord at the Landlord and Tenant Board.

A landlord may enter a rental unit after giving written notice to the tenant at least 24 hours before the time of entry under the following circumstances:

  1. To carry out repair work in the rental unit.
  2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.
  3. To allow a potential purchaser to view the rental unit.
  4. To allow for a physical inspection of the rental unit by a qualified person to satisfy a requirement imposed under the Condominium Act, 1998.
  5. For any other reasonable reason for entry specified in the tenancy agreement. The written notice must specify the reason for entry, the day of entry and a time of entry between 8:00 a.m. and 8:00 p.m. A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit.

The link below is to our Fact Sheet on Selling a Rental Property which is found on our website. It should provide some clarification on the rules surrounding the sale of the property and entering the unit for showings. https://landlordselfhelp.com/media/Selling-a-Rental-Property.pdf. If the units are messy and cluttered, you can try asking the tenants to clean and clear the units of the clutter. There is no real way to enforce this, and unless they agree that you can help in cleaning up, you cannot do it yourself or hire someone to do it. If there are certain repairs to be done you’re allowed to enter to do the repairs as long as you give 24 hours written notice whenever you need to enter to do the work. You must specify the time of entry which can be between 8:00 am and 8:00 pm. With regards to holding an open house, the law does not make any specific reference to this; it only refers to individual showings. This is something that you would have to discuss with your tenants and ask for their co-operation, but you must still provide them with proper 24 hour written notice for any showings, and it is their choice whether they want to be present or not, you cannot insist that they leave.

If it’s an emergency that needs to be addressed immediately in order to prevent damage to the property and/or the tenant’s personal belongings then the landlord can just enter the unit without notice. For other reasons that are not urgent such as repairs or maintenance inspections the landlord will have to serve a 24 hour written notice any time the landlord needs to enter the unit. The notice should indicate the date and reason for entry and a time of entry of not more than a few hours (between the hours of 2 and 4 pm, for example).

The tenant does not have the right to choose when you can enter the unit for showings to prospective tenants, and in this case the 24 hour written notice is not even required as stated under sec. 26(3) of the Residential Tenancies Act: Entry to show rental unit to prospective tenants (3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if, (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 2006, c. 17, s. 26 (3). If the tenant refuses to co-operate, you could try calling the Rental Housing Enforcement Unit at 416-585-7214 and discuss this issue with them.

The Residential Tenancies Act makes provision for inspection by a potential mortgagee or insurer of the residential complex. A landlord may enter a rental unit after giving written notice to the tenant at least 24 hours before the time of entry. The written notice must specify the reason for entry, the day of entry and the time of entry. The time of entry MUST be between 8:00 a.m. and 8:00 p.m.

Landlords who are unable to gain access to the rental unit after following the provisions established by the Residential Tenancies Act have two options: a) Document their efforts to enter the unit and issue a notice of early termination on the basis of substantial interference with the landlord’s enjoyment of the premises; or b)Contact the Rental Housing Enforcement Unit. They will contact the tenant and, in many circumstances, are able to secure tenant cooperation without taking legal action. You can reach them at 416-585-7214 or Toll Free 1-888-772-9277.

A landlord is not required to give tenants notice if the landlord is not entering the rental units itself. As a courtesy, a landlord should advise all the tenants in advance that they will be doing work on the property with details of what will be done.

Landlords are allowed to take pictures when entering the rental unit for an inspection. However, we recommend including that you may take pictures in the notice to enter. You should be careful not to take pictures of the tenant’s personal belongings.

A landlord can enter a rental unit and do a maintenance inspection provided that the landlord provide the tenant with 24 hour written notice, specifying the date and time of entry between 8am and 8pm, as well as the reason for the notice. If you plan to take pictures, it is advisable to include in the notice that photographs may be taken.

In order to serve the tenant with notices such as the N4 and N8, you do not have to give a 24 hour written notice since you’re not entering the rental unit. It is ok to go there and knock on the door and serve the notices if they answer. If the tenant does not answer the door, you can slide the notices under the door or place them in the mailbox.

I do not believe this would be considered illegal entry since proper notice was given and you were unaware the tenants were out of town. You could also try calling the Rental Housing Enforcement Unit and pose this question to them to get their opinion on this issue. They can be reached at 416-585-7214 or toll-free at 1-888-772-9277.

There is no form required when you’re giving notice to enter the rental unit. A handwritten notice is sufficient as long as it specifies the reason for entry, the day of entry and a time of entry between the hours of 8:00 a.m. and 8:00 p.m.

A landlord may enter the rental unit without written notice to show the unit to prospective tenants. The Landlord may do this provided that they enter the unit between the hours of 8am and 8pm and have made a reasonable effort to inform the tenant of the intention to show the unit.

A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and, a) The landlord enters the unit at the times specified in the tenancy agreement; or b) if no times are specified, the landlord enters the unit between the hours of 8:00 am and 8:00 pm.

An owner has the right to enter the rental unit as long as proper notice has been given and there is a valid reason, however in your case if you are not the legal owner yet, this notice must be given by the bank. When the tenant still refuses entry the landlord can contact the Rental Housing Enforcement Unit at 416-585-7214 and report that the tenant is refusing access. They can usually intervene and speak to the tenant to try and resolve the issue.

A landlord may deliver the written notice of his/her intention to enter the rental unit by handing it to the tenant; placing it in the tenant’s mail box or where mail is ordinarily delivered; sliding it under the tenant’s door; by handing it to an apparently adult person; by facsimile to the residence or place of business; or by courier or regular mail with additional time added, five days if mailed; by posting on the door. A notice of entry can also be sent by email but only if the tenant and the landlord have agreed to that method of service.  If so, both the landlord and the tenant must sign a Consent to Service by Email form.

If the tenant is in agreement, the best way to terminate is both landlord and tenant signing an N11 agreement to terminate the tenancy. ANY termination date can be used. In most cases however, the tenant would not sign this without some form of compensation from the landlord (1 or more months’ rent, for example).

Planning to sell the house is not a valid reason to serve the tenants a notice to leave. You can only serve them a notice of termination if there are 3 or fewer rental units in the property once you have signed an Agreement of Purchase and Sale, and the purchaser plans to move in to the house. At that point you would serve the tenants with a Form N12 giving them 60 days to vacate. The notice must terminate on the last day of the rental period or term.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

Until you have written notice from the tenant specifying the date the rental unit will be vacated you have no assurance he will leave. The form of the notice must state the date he’s moving out, specify the address of the rented premises and include his signature. The agreement is not a guarantee he will vacate but it does provide you with the documentation required to apply to the Landlord and Tenant Board for an order.

If you want to terminate the teancy so you can use the rental property for yourself, you are required to give the tenant 60 days notice using Form N12. This notice can only be given at the end of the term in a fixed term tenancy or at the end of a rental period if the tenancy is month to month.  When terminating for this reason you are also required to pay the tenant one month’s rent as compensation.

If the number of people occupying the rental unit on a continuing basis contravenes health, safety or housing standards required by law, the landlord may issue a notice. Before any action is taken, determine whether the number of occupants constitutes overcrowding as the floor area and occupant ratio is quite generous. If it is indeed overcrowding a notice may be given. The termination date must not be earlier than the 20th day after notice is given; set out the details or the grounds for termination; and require the tenant to reduce the number of persons occupying the rental unit to comply with health, safety and housing standards within 7 days.

If your tenant gave the notice in writing but does not move out, your recourse is to file an application with the Landlord and Tenant Board to obtain an eviction order based on the fact that the tenant gave notice but won’t leave. The forms required to file with the Board are a Form L3- Application to Terminate a Tenancy—Tenant Gave Notice or Agreed to Terminate the Tenancy and a Declaration form, which can be obtained from the Board’s website http://www.tribunalsontario.ca/ltb/forms/. The process will take a few weeks before you can actually get him out. If he did not give written notice, then you may not be able to do anything as it is difficult to enforce a verbal notice. In that case, he could stay on as long as he continues paying his rent. You can also see if the tenant will sign an N11- Agreement to Terminate the Tenancy. However, if he refuses to sign this agreement, there isn’t a notice you can serve him to terminate the tenancy. If you plan on selling the unit, you’re allowed to do so, but you can only serve him notice to vacate once it has been sold and the new owner plans to live in the unit. At that point, you would serve him with an N12- Notice to Terminate a Tenancy at the End of the Term for Landlord’s or Purchaser’s Own Use. This is a 60-day notice ending on the last day of the rental period. You can read more about this issue at the following link, https://landlordselfhelp.com/media/Selling-a-Rental-Property.pdf.

A landlord may issue a notice of termination (N4) if the tenant fails to pay rent lawfully owing under a tenancy agreement. The notice may not be effective earlier than the 7th day for a daily or weekly tenancy or the 14th day for all other types of tenancy agreements. The notice must specify the amount of rent overdue and that the tenant may avoid termination by paying the rent before the notice becomes effective.The N4 notice can be found at http://www.sjto.gov.on.ca/ltb/forms/

A tenant does not have to leave at the end of the lease term, the tenancy continues on a month to month basis unless the landlord has a valid reason to terminate the tenancy. Terminating the tenancy in order to have another tenant move in is not considered a valid reason to terminate the agreement.

If the tenant had a one year lease and it has expired, the tenant is entitled to remain on the premises on a month to month basis under the same terms and conditions of the original agreement. In the absence of documentation showing that the tenant has agreed to rent the unit for an additional year, the tenant can terminate the tenancy on 60 days written notice.

If a tenant terminates a tenancy before the end of the rental term, the tenant is not required to find a new tenant for the rental unit. The landlord is obligated to mitigate their losses from the early termination and re-rent the unit as soon as possible. A landlord can then make a claim against the former tenant in Small Claims Court for the the cost of advertising and loss of rent the landlord incurred.

Your son would have to occupy the unit as his primary residence for at least one year. If he does not, a tenant can file an application against you under the presumption that he or she was evicted on the grounds of bad faith. Upon proclamation of Bill 184, a bad faith order from the LTB against the landlord may include: an order to pay the former tenant an amount of increased rent for up to 1 year, an amount of up to 12 months’ rent charged to the former tenant, an amount for reasonable out-of-pocket expenses, a maximum administrative fine of $10,000 and up to $35,000 which is the current jurisdiction of the Small Claims Court, and other penalties as deemed appropriate by the adjudicator.

If you intend to move into the unit you must give the tenant 60 days’ notice and serving the proper form which is Form N12. If you intend to renovate the house alone you can only ask the tenant to move out if the renovations are extensive and require a building permit in which case you will have to give them 120 days’ notice on a Form N13. The tenant retains the right of first refusal upon completion of the renovations. 

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N13 when there are less than 5 rental units (up to 3 months with 5 or more units). The compensation must be given before the termination date on the notice.

You can visit the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/ to obtain any of these forms and more information on all the rules governing landlords and tenants.

The notice required based on persistent late payment of rent is a Form N8. You can obtain these forms from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/.

The problems being created by the tenant likely fall most accurately under the description of interfering with the enjoyment, or other lawful rights of either the landlord or other tenants. This means that serving an N5- giving lots of details about each event and the times/dates when each event occurred or was discovered- would be most appropriate. Damages can also be listed on the N5. It is usually more difficult to sufficiently prove to the Landlord and Tenant Board that a tenant has committed an illegal act, is running an illegal business or is impairing other tenants’ safety. If the relevant witnesses and proof for either or both of these other reasons can be arranged, then you are allowed to serve the N6 or N7 as well. However, if you apply to the Board on all reasons at once, then the normal “fast-track” eviction procedures for N6/N7 get slowed down to the normal pace of the N5-based L2 eviction procedure.

When there is a fixed term agreement, the landlord cannot terminate the lease early based on the reason that the landlord wants to move in. That can only be done at the end of the lease term with an N12 form and 60 days notice. Please note that you are required to live in the unit as your primary residence for at least one year. If the landlord fails to do this, the tenant’s are eligible to file an application against the landlord for bad faith. With recent changes in legislation, the landlord will be required to compensate their tenant for one month’s rent if pursuing the Own Use Application.

You can issue the Form N5 based on the reason that the tenant is interfering with the reasonable enjoyment of the premises by the other tenants. However, this applies only if you have separate agreements with each tenant. If you have only one agreement with all five people then you cannot evict just one person.

The procedure to evict a tenant based on demolition is to give the tenant a Form N13. The termination date specified on the notice must be at least 120 days after the notice is given and must be the day the rental period ends, or the end of the term if there is a fixed term. Please note that if your property contains five units or more, you would have to compensate the tenants by giving the tenants an amount equal to three months rent, or offer the tenants another rental unit that is acceptable to them.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N13 when there are less than 5 rental units. The compensation must be given before the termination date on the notice.

After serving the notice, you may apply to the Landlord and Tenant Board anytime for a hearing if you believe the tenant will not move out according to the notice. To apply to the Board you will require the L2 Application along with a Certificate of Service. You can find all these forms along with instructions on the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

If you have a fixed term lease and the tenants are leaving early, your recourse is to try and mitigate your losses by re-renting the unit as soon as possible. If the tenant has given you 60 days notice and it takes longer than that to re-rent you may have to file a Small Claims Court claim for your loss of rent.

You cannot name the guarantor on the notice of non-payment of rent as he is not considered a tenant. The Board will not usually issue an order against guarantors because they are not tenants. The only way to proceed in this case is to terminate the tenancy based on non-payment of rent and then file a claim in Small Claims Court against the guarantor if you cannot collect from the tenant.

When there are two people named on a lease, no changes can be made unless all parties are in agreement. You are not obligated to remove one of the tenant’s names from the lease even if one of the tenants is requesting it.

Tenants have security of tenure, they do not have to move unless the landlord has a valid reason as defined in the Residential Tenancies Act to end the tenancy. The tenancy automatically renews on a month-to-month term after the fixed term. While the initial term of the tenancy agreement may indicate one year, it has the potential to develop into a long term relationship unless grounds exist to terminate, the tenant gives notice, or both tenant and landlord mutually agree to end the rental relationship.

If the conduct of a tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant substantially interferes with the reasonable enjoyment of the residential complex or another lawful right, privilege or interest of the landlord or another tenant a notice may be given. Notice cannot be effective earlier than 20 days and must explain the reasons for termination and require the tenant to stop the activity or conduct or correct the problem set out in the notice within seven days.

If the tenant or a person the tenant allows in the residential complex wilfully or negligently causes damage to the rental unit or the residential complex the landlord can serve the tenant with a Form N5 – Notice to Terminate a Tenancy. The N5 should detail the reasons for termination and inform the tenant s/he is required to pay the reasonable costs of repairs or make the repairs within 7 days. The notice becomes void if the tenant complies within 7 days. If the tenant does not comply, on the 8th day you may make an application to the Board to evict the tenant.

The notice period to terminate the tenancy for this reason is 60 days ending on the last day of the rental period and the form you would use for this reason is a Form N12. However, you can only terminate the tenancy if you require the unit to move in yourself or if it’s required for your child, parents or parents-in-law, other family members would not qualify.

The Residential Tenancies Act recognizes the purchaser’s intent to occupy a rental unit when a rental property is sold and accepts this as a valid reason for termination of a tenancy provided the following circumstances are met: A) The property must contain three or fewer residential units; B) The landlord/vendor has entered into an Agreement of Purchase and Sale to sell the residential complex; and C) The purchaser must, in good faith, require possession of the complex or a unit for the residential occupation of himself, the purchaser’s spouse/same sex partner or a child or parent of one of them.

As of July 21, 2020 the landlord is required to give the tenant one month’s rent as compensation, or offer the tenant another acceptable unit if pursuing the N12 notice on behalf of the purchaser. The compensation must be given before the termination date on the notice.

The most effective way to proceed is to serve the proper notice of early termination which is a Form N5 detailing all of the problems caused by this tenant. If the situation is not corrected within seven days then you will have to file the application with the Landlord and Tenant Board to go to a hearing and have the matter decided by an adjudicator. To ensure that your case is persuasive, you should have other tenants come to the hearing to testify in person about the disturbances, a written statement may not be accepted as proper evidence. The process of eviction can usually take about six to eight weeks and it costs $201 ((in-person filing) and $186 (online through e-File) to file with the Board. Other costs you may incur are the Sheriff’s fees which range from $318-$350 (subject to change). The Sheriff’s fees include a flat fee plus a mileage charge for each kilometer the Sheriff has to travel.

If the noisy tenant is interfering with the other tenants reasonable enjoyment of the premises, you may issue a Form N5 – Notice of Termination. This form can be downloaded from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/. In order for the notice to be effective, it will have to include a detailed account of the disrupting events and behaviours including the times, dates and duration of each incident. You will need the co-operation of your other tenants to obtain this information. Once the tenant has received the Form N5, they have a seven day period to correct the problems. If the tenant does not correct the problems you can file an application to the Landlord and Tenant Board to have the tenant evicted.

You can give the upstairs tenant an N5- Notice to Terminate a Tenancy Early. When you issue the N5, you have to be as detailed as possible when describing the issues and include dates and times when the incidents are occurring. The N5 is a 20-day notice but the tenants have the first 7 days to correct the problems, otherwise you can file an application with the Landlord and Tenant Board to go to a hearing and ask for the termination of the tenancy. If you have to go to the Board, it’s very important to bring witnesses to the hearing so you should speak with your other tenants and ask them if they would be willing to come to the hearing to testify to what is going on.

You can give the offending tenant an N5- Notice to Terminate a Tenancy Early. When you issue the N5, you have to be as detailed as possible when describing the issues and include dates and times when the incidents are occurring. The N5 is a 20-day notice but the tenants have the first 7 days to correct the problems, otherwise you can file an application with the Landlord and Tenant Board to go to a hearing and ask for the termination of the tenancy. If you have to go to the Board, it’s very important to bring witnesses to the hearing so you should speak with your other tenants and ask them if they would be willing to attend the hearing to testify to the occurrences.

When a tenant is disturbing another tenant in the house, the landlord can serve that tenant with a legal notice (Form N5- Notice to Terminate a Tenancy Early). This notice is a 20-day notice where the landlord has to describe, in detail, what the problems are and when they occur. The tenant will then have seven days to correct the situation, otherwise the landlord can file an application with the Landlord and Tenant Board to go to a hearing and seek termination of the tenancy. Based on all the issues you have described, the Form N5 would be the appropriate notice to serve the tenant. Forms can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

Renting out a self-contained unit in your own home is treated no differently than renting out an apartment in a large building, a condominium or even a whole house. The tenant is protected by both the Residential Tenancies Act (RTA), and the Ontario Human Rights Code (OHRC). That being said, it is a breach of the OHRC to rent a unit and demand that there be “no children” allowed.

You can read more about the protected grounds and areas under the Ontario Human Rights Code at the following website: http://www.ohrc.on.ca/en/ontario-human-rights-code

Under the Residential Tenancies Act a landlord is allowed to collect the last month’s rent as a rent deposit. Landlords cannot charge damage deposits, even where they are refundable.

Under the Residential Tenancies Act it is illegal to collect a damage deposit, you can only ask for the last month’s rent deposit. In the case of a seasonal rental, those properties are exempt from the Residential Tenancies Act therefore we cannot provide advice on rules regarding deposits for those type of rentals.

There is nothing wrong with giving the deposit back to the tenant on the 31st when they’re moving out. However, the deposit is only supposed to be used for the rent for the last month, if you find damages, you would have to file a claim with the LTB. Upon proclamation of Bill 184, landlords can file an application for damages with the LTB within one year from the date the tenant  is no longer in possession of the rental unit.

Perhaps it would be helpful if I explained the wording of our rental application in the context of contract law in general, rather than only specifically as it relates to a rental agreement. In Ontario, according to the Residential Tenancies Act, a “tenancy agreement” means a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit.” For there to be any kind of contract, there has to exist an offer, acceptance, AND consideration paid in order to “seal the deal,” so to speak. Because the landlord is in a somewhat vulnerable position when offering their rental premises to multiple applicants, it is the usual and accepted practice of asking for a rental deposit (usually part or all of the last month’s rent) from an applicant when the application is made as a way to screen out applicants who are not really serious about moving into the unit if they are accepted. If a landlord is sorting through, for example, three applications for the same unit, they would ask for three deposits along with the three corresponding rental applications. Once a selection has been made, the landlord would return the deposit money to the unsuccessful applicants when they are told they were not successful. The landlord would keep the remaining deposit and apply it to the last month’s rent account for the new tenant. At this point, it is usual (but not required) for the landlord to enter into a lease or written tenancy agreement. Decisions made both at the Landlord and Tenant Board, and Divisional Court generally support a landlord’s position that if the tenant is not taking the unit after being accepted and paying something to the landlord, as long as the landlord is making reasonable efforts to re-rent the unit (Section 16- mitigating losses), then the (usually) last month’s rent amount may be used on a daily rent basis until the unit is re-rented, and the landlord must then return the balance to the tenant, and deduct any reasonable out-of-pocket costs incurred in the re-rental of the unit. However, landlords cannot keep this amount outright as a blanket penalty or fee. In short, this clause appears in some form or other in most residential tenancies as a deterrent against applicants entering into contracts that they have no intention of fulfilling. If it were otherwise, then landlords would likely have to have several months’ worth of rent in reserve to allow for tenants changing their minds on a whim and forcing the landlord into long periods of time where they get no rental income between tenants.

If the tenancy is subject to the Residential Tenancies Act, the rules on when a tenant dies are set out under section 91. If there are no other tenants in the rental unit the tenancy is deemed to be terminated 30 days after the death of the tenant. A landlord is required to preserve any property belonging to the tenant other than property that is unsafe or unhygienic. A landlord is required to allow the executor or administrator of the tenant’s estate or, in the absence of an executor or administrator, a tenant’s family member reasonable access to the unit for the purpose of removing the tenant’s property.  Our fact sheet on Tenant Belongings offers information on the disposal of belongings https://landlordselfhelp.com/media/Tenant-Belongings.pdf

You should obtain written authorization from the family member permitting you to obtain these documents, otherwise you should only enter the rental unit to dispose of any unsafe and unhygienic items.

The Residential Tenancies Act does not specifically address this issue. There is no sure way of preventing tenants from installing a washer and dryer in their unit. You can include a clause in the tenancy agreement that states the tenant is not allowed to install these appliances in their unit. However, if they install them anyway and damage is caused, electrical problems occur or the noise from the washer and dryer interferes with other tenants THEN you can issue a notice to terminate the tenancy using Form N5. This notice gives the tenant seven days to correct the problem. If the tenants do not comply with the notice the landlord can apply to the Landlord and Tenant Board for a hearing.

Upon Proclamation of Bill 184, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant  is no longer in possession of the rental unit. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents. We cannot advise on whether you can take action against the property management company, as we can only advise on the landlord and tenant issues. You might have to speak to a lawyer or paralegal about this issue, as it would probably come under contract law.

A poor paint job may be considered damage to the rental unit. You can ask tenants to repaint the rental unit before they leave as it was done improperly and without your consent. If they do not comply and vacate the rental unit without repainting you can bring an action against them in Small Claims Court for the costs you incurred repainting the unit.

When the tenants have caused damage to the property and refuse to repair it, you can serve them with a Form N5 which is the legal notice based on damages. It’s a 20 day notice which allows the tenant to correct the problem within the first seven days and if not then you can apply to the Landlord and Tenant Board. This form can be downloaded from the Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

If the tenants are already moving out your options are limited to rectify this situation. You could try writing them a letter stating your concerns about the possibility of damage and about the safety of other occupants of the house as well as the increased consumption of hydro, but that would be all you could do for the time being. Once they have moved out and you discover any damages, upon Proclamation of Bill 184, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant  is no longer in possession of the rental unit.  However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.

Since the tenants have already moved out, upon Proclamation of Bill 184, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant  moved out of the rental unit. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.

In this case you may have to serve your tenant with a notice based on damages which is Form N5. You will have to find out the cost of repairing the damage before giving this notice. Once you serve the notice the tenant will have seven days to correct the problem otherwise you can apply to the Landlord and Tenant Board for an order to evict and compensation for the damages. You can obtain this form on the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

The Residential Tenancies Act applies to the landlord-tenant relationship regardless of whether or not the rental agreement is in writing. You should send the tenant a letter outlining the issues that you mentioned and request that it be corrected. If they do not comply you may serve them with a Form N5 Notice to Terminate a Tenancy for damaging the rental unit. This form can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

Tenants are responsible for any damage they cause either wilfully or through negligence. The problem that landlords face though is being able to prove that the damage was caused wilfully or through negligence. If you can prove that they have caused the problem then you can request that they repair or pay for the cost of the damages.

There is usually no recourse for a landlord when a tenant does not obtain their own insurance even when it’s stated in the tenancy agreement. In your situation, you might have to claim it on your own insurance and ask the tenant to at least pay for the deductible since it seems she caused the problem. If she refuses to pay for anything then one of the options you have is to serve her a Form N5 based on the reason that she has caused damage to the property and is liable to pay for the repair costs, or in this case, your deductible. If she has caused other damages, they can also be included on the N5. I’m not sure if this is the way you want to proceed, but if so, you can obtain the form from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

If your tenant has already moved out, upon Proclamation of Bill 184, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one a year from the date the tenant  moved out of the rental unit but you  have to obtain the tenant’s new residential address. It’s not easy to track down a tenant, and you may have to hire an agency that provides this service. You can search online for agencies that will do this; they’re called skip tracing agencies. As for the costs, you can try claiming for your own labour costs but it can be difficult to justify the amount you’re claiming. One way that might help is to obtain a quote from a landscaping company on the cost of doing the work, including labour costs. It’s ultimately up to the LTB adjudicator  to decide what  a reasonable amount would be for the work done.

You have two choices:

  1. You may apply to the Landlord and Tenant Board on an L2 application for the damages. Forms are available online at http://www.sjto.gov.on.ca/ltb/forms/
  2. Upon Proclamation of Bill 184, section 88.1 of the Residential Tenancies Act allows a landlord to file a claim for damages with the LTB within one year from the date the tenant is no longer in possession of the rental unit. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.

In either case, you will have to get at least two estimates for the repair or replacement costs, and since it is better to take photos and take witnesses to verify the damage that you see, it is easier to do this after the tenancy is over.

The tenant has the option of filing an application requesting that the tenancy be terminated and for a rent abatement for the period of time they suffered the loss or reduction of use of the property. Many tenants simply opt to leave and possibly sue at a later date. You cannot stop them from leaving, nor can you rely on the fact that they will vacate when they say they will even if they have received some kind of payment from you. To make it clear that you are taking the obligation to maintain the property seriously, ensure that you are entering the unit properly when doing the repairs. WRITTEN notice is required, at least 24 hours before the time of entry. A 2-3 hours window of entry such as “between 9 and 11 am” can be given and this particular notice can be put on the door.

Since damage deposits are unlawful and since it is an offence to charge them, (under the RTA a landlord could be fined up to $50,000.00) I recommend you return that amount to the tenant as soon as possible. If the tenant is still in possession of the rental unit, you can serve the N5 notice for damage and proceed to the LTB with the L2 application if the tenant fails to follow the instructions in the notice.

Upon Proclamation of Bill 184, section 88.1 of the Residential Tenancies Act allows you tofile a claim with the LTB within one year from the date the tenant  moved out of the rental unit.. However, you will need to know the tenant’s new address or place of work so you can send them a copy of the documents.  


The law does not make any specific references to satellite dishes. However, if the installation of the dish has resulted in damages to your property, you have the right to claim that from the tenant, especially if they did this without your knowledge. If you cannot come to a resolution with the tenants then legally you could serve the tenants with an N5 Form, Notice to Terminate a Tenancy based on the damages, and apply to the Landlord and Tenant Board for a decision on the issue.

A damage deposit is illegal, you can only ask for the last month’s rent deposit. A landlord cannot require a tenant to provide post-dated cheques. A tenant may choose to pay the rent in that manner or make payments on a monthly basis.

Your rental agreement is considered a commercial tenancy and LSHC is unable to advise on these matters. You can contact the Commercial Tenancies Automated Information System for information on commercial tenancies at 416-585-7373.

Based on your description of the rental unit, it seems that this type of tenancy would be exempt from the Residential Tenancies Act under Section 5(j). Therefore, we recommend that you consult with a lawyer that deals with commercial tenancies.

You can obtain a referral to a lawyer by Law Society Referral Service at www.findlegalhelp.ca.

Unfortunately we cannot provide any advice on this type of situation because it involves a commercial tenancy, LSHC deals with residential tenancies only. It’s best to consult with a lawyer who specializes in commercial tenancies.

One of the methods of collecting unpaid rent after obtaining an order from the Board is by garnishment of wages. Of course this is only possible if you know where the tenant is employed. Another way is by garnishment of a bank account as long as you have all the information on where the tenant banks and where the tenant is residing now. If you have this information then you could start the process by simply filling out the required garnishment forms, file them with Small Claims Court and then serve these documents to the employer or the bank and the former tenant. If neither of these methods are possible then it may be best to go to a collection agency. You can find a collection agency on-line or in the Yellow Pages and contact them with the information you have and they can tell you how their services work. If you want to find out more information on collecting the Small Claims Court website has several guides, one of which is called After Judgment – Guide to Getting Results, here is the link, http://www.attorneygeneral.jus.gov.on.ca/english/courts/guides/After_Judgement_Guide_to_Getting_Results_EN.pdf

 

As you are already aware, one of the methods of collecting unpaid rent after obtaining an order from the Board is by garnishment of wages. Of course this is only possible if you know where the tenant is employed. Another way is by garnishment of a bank account as long as you have all the information on where the tenant banks and where the tenant is residing now. However, if the tenant is not employed and is receiving any type of government assistance, it is pretty much impossible to collect since you cannot garnish any government payments. You could try talking to a collection agency but unfortunately there may not be a way for them to collect either if he is on ODSP.

The seizure of a vehicle is usually a complicated method of collection, even if you have an order from the Landlord and Tenant Board. You would normally need to hire a lawyer to assist with the procedure and may be able to get enough information to help decide your next steps by speaking to a lawyer for 30 minutes for free using the Law Society Referral Service. Visit their website at www.findlegalhelp.ca.

Unfortunately we do not keep a referral list of collection agencies. We suggest an on-line search using a search engine like Google.

If the tenant has moved out without paying the rent, once Bill 184 is Proclaimed and section 87 (1.1) of the Residential Tenancies Act comes into effect, landlords can file an arrears  application with the LTB within  one year from the date the tenant moves out of the rental unit.

The tenants are equally responsible for the ordinary cleanliness of the unit. A mutually-agreed upon cleaning schedule may be helpful to divide the workload between the three of them. You may hire a cleaning service, but it should be specified in the tenancy agreement (especially if the cleaners are going to be entering the rental unit at a designated time every month).

If a tenant is not fulfilling his or her cleanliness obligations under the Act, you may send a reminder letter letting your tenant know that they must keep the unit clean, a copy of section 33 of the Residential Tenancies Act can also be attached (which indicates the tenant is responsible for ordinary cleanliness of the rental unit). If the tenant still fails to comply then a N5 notice may be served.

Controlling the presence of pests such as bed bugs or fleas is part of the landlord’s maintenance obligations under s. 20 of the Act to keep the unit in a state that is in good repair, fit for habitation, and in keeping with health and safety standards. A landlord must hire a professional pest control company to deal with the issue as soon as he or she first becomes aware of it.

The Residential Tenancies Act requires landlords, who are not using the Standard Form of Lease, to provide new tenants with an information package detailing basic landlord and tenant rights and responsibilities as well as information on how to contact the Landlord and Tenant Board. The information package is posted online and is available for download at http://www.sjto.gov.on.ca/documents/ltb/Brochures/Information%20for%20New%20Tenants.html

It is a breach of the Ontario Human Rights Code to rent a unit and demand that there be “no children” allowed. A no pets clause is not enforceable under the Residential Tenancies Act. Damage deposits are not lawful under the Residential Tenancies Act, it is in fact an offence under the Act to charge them.

The landlord is responsible for the unit and MUST maintain it in a good state of repair, fit for habitation and for complying with health, safety, housing and maintenance standards at all times, before and throughout the tenancy.

Under the Residential Tenancies Act landlords have the benefit of “vacancy decontrol” which means landlords can establish a new rent each time the rental unit becomes vacant to reflect current market conditions. Landlords also have the option of changing the services or amenities provided with the unit such as parking spaces, hydro, appliances, laundry facilities, etc.

Please refer to the Fact Sheet on our site entitled “Before You Rent …” at https://landlordselfhelp.com/media/Before-You-Rent.pdf . This Fact Sheet provides a general outline on the steps to take before renting.  You should also visit www.secondsuites.info for a variety of helpful information including a very useful Operating Guide.

You will also find a lot of information for landlords on the Canada Mortgage and Housing Corporation website at https://www.cmhc-schl.gc.ca and also the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/

It is not clear what you mean by Occupancy Agreement, but if the person that occupies your apartment will be paying you rent then that person is considered a tenant.

The Residential Tenancies Act applies to all rental units regardless of whether the unit is located in a family home, a large building, a condominium or even a whole house.

Ontario landlords entering into a written residential tenancy agreement on or after April 30, 2018 are required to use the new Standard Form of Lease as it is mandatory for all written tenancy agreements in Ontario.  The form can be obtained in the following link, http://www.mah.gov.on.ca/Page18704.aspx

Provided that you are the owner of the rental property and the tenant will be required to share the kitchen and/or bathroom with you or your immediate family, landlord and tenant law will not apply to your rental arrangement. Below is a link to our “Sharing Kitchen and/or Bathroom” Fact Sheet which provides further information on this type of rental accommodation. https://landlordselfhelp.com/media/Sharing-bathroom-kitchen.pdf

We cannot provide information on this process, but we suggest calling the municipality for this information. If the building is in Toronto, contact the city’s Municipal Licensing and Standards department by calling 311.

If you rent even just one unit, you are a landlord. The Residential Tenancies Act is the current legislation governing landlord and tenant relationships.

The law does not set out any provision that would allow for a “cooling off” period once a tenancy agreement or lease is signed.

Although the Residential Tenancies Act does not address the issue of bed bugs specifically, bed bug infestations still fall under maintenance issues and the landlord’s obligation to ensure that the unit complies with health, safety, housing and maintenance standards.  Please refer to the City of Toronto Fact Sheet on bed bugs at http://www.toronto.ca/health/bedbugs/

It is generally the landlord’s responsibility to maintain the rental unit which includes any problems with bed bugs and other pests. If a landlord is able to prove that the problem has been caused by the tenant wilfully or through negligence, then the landlord may make an application to the Board.

The Residential Tenancies Act requires landlords to maintain the property and ensure that it complies with health, safety, housing and maintenance standards. It is usually very difficult to prove how bed bugs were introduced to the rental property, therefore it is up to the landlord to take steps to correct the problem. To ensure the effectiveness of your efforts, a landlord will also need the tenant’s help and co-operation. Here is a link to the City of Toronto’s information about bed bugs, http://www.toronto.ca/health/bedbugs/

With regards to this situation, if you do not pay the amount owed by the date specified on the Order, there isn’t really a penalty other than the 3% annual interest accruing. However, the tenant could start proceedings to collect from you anytime after that date. Some of the possible methods of collecting include putting a lien on property, or garnishment of wages or bank account. The only advice we can give you is to try talking to the tenant and see if you can come to an agreement to allow you more time to pay.

There is no provision in the Residential Tenancies Act that that states the landlord is responsible to pay for the tenant’s lost food when the fridge malfunctions. The landlord has a duty to fulfill his maintenance obligations and deal with the situation as quickly as possible.

There is no specific way to prohibit a tenant from obtaining appliances. It can be stated in a lease agreement but even then it would be difficult to enforce. Basically unless the appliance has caused damage or is causing some electrical or plumbing problem the landlord does not really have much recourse.

It is an offence under the Residential Tenancies Act for a tenant to change the locks and bar the landlord’s access to the rental unit. A landlord may write a letter to the tenant requesting that the chain lock be removed. If the tenant does not comply, a landlord may contact the Rental Housing Enforcement Unit of the Ministry of Housing at 416-585-7214 or toll-free 1-888-772-9277. They can notify the tenant that he/she is committing an offence under the Act and can be fined.

If the tenant has signed an Agreement to Terminate a Tenancy and has not vacated the unit by the termination date the landlord within thirty days must file an L3 application to the Board along with a Declaration stating when the agreement was signed, that the agreement was not signed at the time the tenancy agreement was entered into and that no other agreement was entered into thereafter that would affect the Agreement to Terminate. The Board will issue an order for eviction in the mail which the landlord may then take to the Sheriff for enforcement.

When a tenant vacates a rental unit based on having signed an Agreement to Terminate, they do not have the right of first refusal.

When a rental property is sold and there is a lease in place, the landlord cannot give notice to terminate the tenancy. The new owner would have to honour the existing lease. However, if your tenants are willing to move out earlier, ask them to sign a Form N11 which is a mutual agreement between the landlord and the tenant to terminate the tenancy. This form can be obtained from the Landlord and Tenant Board’s website at http://www.sjto.gov.on.ca/ltb/forms/

If you are certain that the tenants have completely vacated and will not be returning, take pictures to document the unit and then change the locks. If the tenant owes money for arrears of rent or damages, you can file an application with the Landlord and Tenant Board but it may be difficult if the tenants are in another country. Upon proclamation of Bill 184, landlords can file an application for arrears of rent with the LTB within one year from the date the tenant was no longer in possession of the rental unit.However, this is only possible if you have the current residential address of the tenant.

As you may know, the tenant being in jail does not mean the tenancy has ended. It is also unclear from your email whether or not the renter has to share a kitchen or bathroom with the owner (presumably you are the owner). If they do not, then you are likely dealing with a situation that would be considered abandonment – particularly if the rent was not paid. I’ve attached the link below from our website to material that addresses the issue of abandoned belongings, please review to determine which situation would apply in your case https://landlordselfhelp.com/media/Tenant-Belongings.pdf

The rules on abandoned belongings vary depending on the circumstances the tenant vacated the premises. I’ve attached the links below from our website that address the issue of abandoned belongings, please review it to determine which situation would apply in your case.

https://landlordselfhelp.com/media/Tenant-Belongings.pdf  and http://www.landlordselfhelp.com/podcast/1023/

If you received an order of termination after a hearing at the Landlord and Tenant Board, and the tenant moved out as a result, then pursuant to S. 41 (1) of the Residential Tenancies Act, 2006 you may keep, sell or dispose of any remaining belongings left behind by the tenant – either in the unit or anywhere on the residential complex such as the shed.

Upon proclamation of Bill 184, landlords can file an application for damages with the LTB within one year from the date the tenant was no longer in possession of the rental unit. It is normal to get several estimates from qualified repair companies that can fix the damages in the rental unit.There is no way to force a tenant to return keys to you, so it is prudent to change the locks between tenants regardless.