Transcript Landlord & Tenant Issues

What does the new RTA mean for
Tenants
November 20, 2006
ONPHA Educational Program
Grace Vaccarelli and Kristina Brousalis
Advocacy Centre for Tenants Ontario
Residential Tenancies Act:
 RTA removes the default process:
hearing scheduled and held for
(almost) all matters
 Where a tenant ‘not reasonably able
to participate in the proceeding’
matter may still be reviewed
[s.209(2)]
Tenant Rights
 Security of tenure
 Unit in good state of repair and fit for
habitation
 Quiet enjoyment
 Free from harassment
 Rent only subject to certain increases while
living in unit
 Any tenant may file an application with
the Board if any of the above rights
have been violated within ONE YEAR of
the problem occurring.
Tenant Obligations
 pay rent on or before the 1st of the
month
 maintain ordinary cleanliness of unit
 not interfere with other tenants or the
landlord
 not commit illegal acts or run illegal
businesses on the premises
Eviction
 Eviction only for reasons set out in
the RTA
 Must follow procedure in RTA
 Only Sheriff can physically evict a
tenant – landlord cannot change locks
 72 hours to remove belongings after
a legal eviction – new!
Reasons for Eviction
 Mid tenancy
 arrears of rent – can result from failure to report
change in income or other SHRA related reasons
 substantial interference **changes from TPA
 impairing safety
 damage
** changes from TPA
 illegal act
 misrepresentation of income
 overcrowding
Reasons for Eviction (con’d)
 End of tenancy
 persistent late payment of rent
 landlord’s own use (“approved” family member OR
[new] caregiver)
 purchaser’s own use
 demolition & conversion
Forms for Eviction
 First Notice
 Will be required for most grounds for
termination of tenancy
 Current form numbers may change
 Application
 Current form numbers may change
 Board to send information about
upcoming hearing to defending party
Eviction: Step 1
 Landlord must give Notice of
Termination (in most circumstances)
 Notice of Termination sets out a
« termination date »
 Tenant does NOT have to leave by the
termination date in the Notice of
Termination
Eviction: Step 2a (voidable notices)
 Tenant can « void » or cancel the
Notice of Termination by:
 Paying all arrears owing under the notice
within 14 days
 Stopping behaviour outlined in the Notice
**with new exceptions – see next slide
 Fixing damage or paying for it to be fixed
within 7 days **with new exceptions – see next slide
* some notices CANNOT be cancelled…
Eviction: Step 2b (non-voidable, fast
track eviction notices)
 Tenant does not have the option to
void or cancel certain notices:
 Illegal act
 Substantial interference where owner
lives in complex and where complex has
3 or less units (new)
 Wilful and Undue Damage or use of the
unit in a way which might lead to
extreme damage (new, example: grow
ops)
Eviction – Step 2b – fast track
evictions
 In the case of:
 Willfully caused damage
 Using the residential unit in a manner
inconsistent with residential use that could
reasonably be expected to cause damage
 Impaired safety
The Board has the jurisdiction to order a tenant
evicted even before the termination date in the
notice
Eviction: Step 3
 Landlord may apply at the Landlord and
Tenant Board for an eviction hearing
 Landlord must give Notice of Hearing to the
tenant
 The most important change under the
RTA is that now EVERY tenant will have
a hearing. A problem with the RTA is
that it does not provide for a set aside
motion.
Eviction: Step 4 – Agreement to
Settle Matter
 If parties can agreed to a payment plan for
arrears owing, they can file their settlement
with the Landlord and Tenant Board who
may issue a consent order based on that
agreement
 Consent order can only include payment of
arrears, NSF charges, rent and fees
 Consent order cannot include a termination
of the tenancy
Eviction: Step 5 - The Hearing Day
(1 of 2)
A. Mediation
 Tenant may ask for mediation on the
hearing day
 If landlord agrees, there will be a
mediation.
 Tenant can try to work out a payment plan
or other solutions with landlord in
mediation
 Mediated agreement can include a
termination of the tenancy
Eviction: Step 5 - The Hearing Day
(2 of 2)
B. The Hearing
Prove rent already paid
 Receipts, bank records, cheques
 Pay all rent owing and application fee (unknown at
present) before hearing day; OR
 Prove tenant did not do what landlord claims
 witnesses, documents, photographs
 Ask for relief against eviction – the Board can order a
payment plan or make any other condition in an order
if not unfair in the circumstances
Eviction: Step 5 - The Hearing Day,
Adjudicator’s considerations
 The Board is now required to
review all the circumstances and
consider whether or not to grant
the eviction
 Unlike under the TPA, the Board
may now hear set-off arguments
from tenants about their own
issues at an eviction hearing.
Eviction – Step 5 – Determining
arrears at the hearing
 Under the RTA the Landlord and
Tenant Board shall not make
determinations or review
decisions concerning eligibility for
rent-geared-to-income or the
amount of geared-to-income rent
payable
 There is still no independent review of
a subsidy revocation
Eviction: Step 6 – After the Hearing
(1 of 2)
 If tenant is unhappy with a decision
made by the Board, tenant has 30
days to:
 REVIEW: ask Board to review the
decision internally
 Serious error in law or in MATERIAL fact
 APPEAL: go to a higher court
 Error in law only
*** Tenant should get legal advice first
Eviction: Step 6 – After the Hearing
(2 of 2)
 Tenant may void an eviction order for
arrears by paying the amount ordered
before the termination date in the order.
 Where tenant has been ordered to pay
arrears, tenant may avoid eviction by
paying all monies owed plus costs to the
landlord any time before the Sheriff
attends.
 This provision can only be used once in any
tenancy.
Eviction - Step 7 – After
Enforcement of Eviction
 RTA extends time to reclaim
possessions to 72 hours from time
eviction order enforced
 Landlord must provide tenant access
between 8:00 a.m. and 8:00 p.m.
 RTA gives Board express jurisdiction
to hear tenant application’s
respecting landlord’s failure to
provide access
Reality for Tenants Facing Eviction
for Non-Payment at the Board
 There is no limitation in the RTA as to
when landlord can apply for arrears
 If tenant does owe money, tenant
must be able to repay, often within 7
to 11 days of the hearing
Tenant Applications
 harassment, illegal lock-out, denial of
vital services, interference with
reasonable enjoyment (currently T2
form – may change)
 repair & maintenance (currently T6
form – may change)
 rebate of illegal rent or deposits
already paid (currently T1 form –
may change
Limitation Dates
 Tenant must apply within 1 year of
incident
 There are some exceptions
Evidence on Tenant Application
 Evidence




Expert reports
witnesses
photographs
documents & letters
 Tenant must prove allegations
 See T2 & T6 Tip Sheets (for now)
 Check www.acto.ca for updated tip
sheets
The Top 5 Problems with the RTA
 Lack of set aside provision
 Tenant is now responsible for the
repair of “undue damage”
 Lack of protection for family members
who are not named in the agreement
 The Board will not take jurisdiction
over calculation of rent subsidies
 Apportionment of utility costs
Helpful Websites
 www.acto.ca for tenant tip sheets
 www.cleo.ca for pamphlets on tenant
rights and responsibilities and other
issues
Common Tenant Myths
 I can’t get evicted in winter.
 I can hold back rent if the landlord doesn’t
make repairs.
 If I signed a lease that says I accept the
place « as is », the landlord does not have
to do work in my unit.
 I am not allowed to have guests, children
or pets in my unit.
 The landlord can charge me extra if I have
guests