Your first stop for self-help is a review of our FAQs. Take a look at the ever increasing collection of questions asked by Ontario’s small-scale landlords as well as the actual answers provided by Landlord’s Self-Help Centre.
A landlord cannot simply terminate a tenancy because the rental unit does not comply with municipal requirements. In some circumstances, an eviction may be possible, but it must be carried out through the appropriate legal process.
For example, if extensive renovations are required to bring the unit into compliance and the necessary permits have been obtained, you may be able to serve the tenant with an N13 Notice and apply to the Landlord and Tenant Board for an eviction. If the Board grants the eviction for renovations, the tenant generally has the right of first refusal to move back into the rental unit once the renovations are complete, at the same rent, provided they exercise that right in accordance with the Residential Tenancies Act.
You should also determine whether your municipality has a renovation bylaw that imposes additional requirements on landlords undertaking renovation-related evictions. Contact your municipality to confirm whether any such bylaw applies to your situation.
Yes, tenants can report health, safety, fire code, or bylaw concerns to the City. If municipal inspectors are investigating safety concerns, they may attend the property. A tenant does not need your permission to make a complaint about possible safety or legal issues or to invite a bylaw officer into the unit. The main concern is whether the unit complies with applicable standards. If the basement is not legal or safe, it is better to address the issue than focus on who reported it.
Your basement unit may be exempt from rent control if it meets the legal exemption rules. One important rule is whether the unit was first occupied for residential purposes after November 15, 2018. If the basement was truly created and first occupied as a separate residential unit after that date, it may be exempt from the annual rent increase guideline. The details matter, including whether it was already used as living space before then. You should review section 6.1 of the RTA carefully before relying on the exemption.
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.