How might COVID-19 affect your tenancy? Can you still serve Landlord and Tenant Board notices and file applications?

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

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