Transcript Eviction Prevention:

Goodbye TPA, Hello RTA!:
The Residential Tenancies Act
October 25, 2006
Facilitated by:
beth long (WTCLS)
John Fraser (CERA)
Dan McIntyre (FMTA)
The Purpose of the RTA: s.1
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RTA includes new purpose clause:
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to protect tenants from “unlawful rent increases and
unlawful evictions”
to establish a framework for the regulation of residential
rents
to balance the rights and responsibilities of residential
landlords and tenants and
to provide for the adjudication of disputes and for other
processes to informally resolve disputes
courts may interpret clause to limit “tenant-protection
focus” of the legislation
RENT Workshop: Residential
Tenancies Act
Tenants and Unauthorized Occupants:
s.2 & s.100
definition of “tenant” is unchanged (s.2)
 unauthorized occupants (s. 100)
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landlord can apply to evict both
unauthorized occupant and tenant
landlord can also request compensation
for use and occupancy if occupant in
possession at time of application
RENT Workshop: Residential
Tenancies Act
The RTA & Family Members: s.3, Regs
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occupancy rights of family members
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if tenant dies: spouse living in unit becomes
tenant unless spouse vacates within 30 days
if tenant leaves: spouse living in unit becomes
tenant unless spouse vacates within 60 days or
s/he fails to advise landlord of intention to remain
before unauthorized occupancy order issued
no rights for other family members
RENT Workshop: Residential
Tenancies Act
Information Packages: s.11
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information to be provided by landlord
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landlords must provide new tenants with
information relating to the rights and
responsibilities of landlords and tenants, the role
of the Board and how to contact the Board
the information must be provided on or before the
tenancy commences, in a form approved by the
Board
RENT Workshop: Residential
Tenancies Act
Deemed Lease Renewal: s.38
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deemed renewal of tenancies where no
notice to terminate:
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daily, weekly & monthly tenancies automatically
renewed for same period
yearly or other periodic tenancy deemed to have
been renewed as a monthly tenancy, unless
landlord and tenant agree otherwise
RENT Workshop: Residential
Tenancies Act
Rights of Entry by Landlord: s.27(1)
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a landlord can now enter unit with 24 hours
written notice to inspect a rental unit if:
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the inspection is for the purpose of determining whether or
not the rental unit is in a good state of repair and fit for
habitation and complies with health, safety, housing and
maintenance standards, consistent with the landlord’s
obligations under subsection 20 (1) or section 161, and
it is reasonable to carry out the inspection
RENT Workshop: Residential
Tenancies Act
Rights of Entry & Potential Purchaser:
s.27(2)
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a landlord or, with the written authorization
of a landlord, a broker or salesperson
registered under the Real Estate and
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
RENT Workshop: Residential
Tenancies Act
Orders Prohibiting Rent Increases
– existing tenancy: s.30(1)7-8
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where Board decides that a landlord is in serious
breach of maintenance obligations, the Board can
prohibit the landlord from giving a notice of rent
increase or from collecting a rent increase for which
notice is already given until the landlord has:
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completed the work specified in any work order for which
the compliance period has expired and
completed the specified repairs or replacements or other
work ordered by the Board
RENT Workshop: Residential
Tenancies Act
Orders Prohibiting Rent Increases
– new tenancy: s.30(1)6
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where Board decides that a landlord is in serious
breach of maintenance obligations, the Board can
prohibit the landlord from charging a new tenant
under a new tenancy agreement an amount of rent
in excess of the last lawful rent charged to the former
tenant of the rental unit until the landlord has:
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completed the work specified in any work order for which
the compliance period has expired and
completed the specified repairs or replacements or other
work ordered by the Board
RENT Workshop: Residential
Tenancies Act
LL to Advise Prospective Tenants:
s.114
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if an order made under s.30 prohibiting a rent
increase is in effect, the landlord must advise a new
tenant in writing about:
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the order
the amount of rent that the landlord may lawfully charge the
tenant until the prohibition ends
the rent the landlord may lawfully charge for the unit once
the prohibition ends and
the last lawful rent charged to the former tenant
the Board can fine the landlord up to $10,000 for
failure to provide this notice
RENT Workshop: Residential
Tenancies Act
Rent Deemed Lawful after 1 Year: s.136
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rent charged one or more years earlier shall
be deemed to be lawful rent unless an
application made w/in one year (same as
TPA s. 141)
unclear how this section applies where there
is an order in place under s.30 and landlord
has failed to advise tenant under s.114
RENT Workshop: Residential
Tenancies Act
Liability for Undue Damage: s.34
 tenants
are responsible for repair
of undue damage caused to unit or
residential complex by willful or
negligent conduct by tenants,
occupants or persons permitted in
the complex
RENT Workshop: Residential
Tenancies Act
LL Remedy for Undue Damage: s.89
landlord can apply for order requiring
tenant to pay “reasonable costs” of
repair or, if repair not reasonable,
replacement arising from undue
damage
 Board shall set off the amount to be
paid by tenant against any amount that
would otherwise be payable to tenant
on termination
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RENT Workshop: Residential
Tenancies Act
The RTA and Vital Services: s.21 &
s.233(a)
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as under TPA, tenant can apply for remedy
where landlord withholds vital service
contrary to s.21
landlord’s failure to pay utility bill now
expressly considered withholding a service
it continues to be an offence to withhold the
reasonable supply of vital services (max fine
$25,000 person, $100,000 corporation)
RENT Workshop: Residential
Tenancies Act
The RTA and Smart Meters: s.137
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landlord can terminate obligation to supply
electricity without notice if:
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at least 12 months have passed since the
installation of a smart meter by a properly
licensed person
“adequate notice” is given in accordance with
prescribed rules
rent reduced in amount that accounts for the cost
of electricity in accordance with prescribed rules
RENT Workshop: Residential
Tenancies Act
The RTA and Smart Meters: s.137
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where a smart meter is installed:
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landlord must provide information to prospective tenants
relating to electricity consumption for the unit
appliances and other aspects of the rental unit must satisfy
prescribed “electricity conservation requirements”
where prescribed requirements relating to electricity
conservation are not complied with, tenants can
apply to the Board for any of the remedies listed in
subs.137(9)
RENT Workshop: Residential
Tenancies Act
The RTA and Utilities: s.138
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A landlord of a building containing not more than six
rental units who supplies a utility to each of the rental
units in the building may, without the consent of the
tenants, charge each tenant a portion of the cost of
the utility in accordance with the prescribed rules if
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adequate notice is given in accordance with prescribed
rules and
the rent for each rental unit is reduced in accordance with
the prescribed rules
RENT Workshop: Residential
Tenancies Act
The RTA and Utilities: s.138
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where a landlord charges a tenant a portion of the cost of a
utility:
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the utility shall not be considered a service that falls within the
definition of “rent” and a tenant’s failure to pay for the utility cannot
be used as a basis to terminate the tenancy
landlord must provide information to prospective tenants relating to
the costs of the utility charged to the unit, expressed as a
percentage of the total cost of the utility
appliances and other aspects of the rental unit must satisfy
prescribed utility conservation requirements
where prescribed requirements relating to utility conservation
are not complied with, tenants can apply to the Board for any of
the remedies listed in subs.138(7)
RENT Workshop: Residential
Tenancies Act
Above Guideline Rent Increases
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AGI’s are available for:
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extraordinary increases in municipal taxes & charges
“eligible” capital expenditures and
costs of security services: subs.126(1-9)
AGI orders are limited to 3% / year for 3 years:
subs.126(10-11)
if the landlord is in serious breach of obligations and
the breach affects the rental unit the board must
dismiss the AGI application or order that the rent not
be increased until satisfied that breach is remedied:
subs.126(12-13)
RENT Workshop: Residential
Tenancies Act
Costs no longer borne: ss.128 & 129
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AGI increase orders must provide for
removal of increase after costs no longer
borne
RENT Workshop: Residential
Tenancies Act
The RTA and Care Homes: Part IX
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there must be a written tenancy agreement
setting out details about the provision and
charges for care services and meals:
s.139(1-2)
if there is no such agreement in place, a
tenant of a care home may apply for an
abatement: s.139(3)
RENT Workshop: Residential
Tenancies Act
The RTA and Care Homes: Part IX
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a landlord cannot prevent a tenant from
obtaining, or interfere with the provision of,
care services from a person of the tenant’s
choice that are in addition to any services
provided under the tenancy agreement:
s.147
RENT Workshop: Residential
Tenancies Act
The RTA and Care Homes: Part IX
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a tenant of a care home can terminate a
tenancy with 30 days notice: s.145(1)
where notice to terminate given, a tenant can
terminate the provision of care services and
meals before the termination date with 10
days notice: s. 145(2)
RENT Workshop: Residential
Tenancies Act
The Landlord & Tenant Board:
Parts XI & XII
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the ORHT is continued as the Landlord and
Tenant Board: s.168
applicant still responsible for service of
documents, however the Board must notify
the respondent that an application has been
made, including information about the
hearing “where possible”: s. 189
RENT Workshop: Residential
Tenancies Act
The Landlord & Tenant Board:
Parts XI & XII
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Board may permit a tenant who is making a
maintenance & repair application to pay all or
part of rent to the Board: s. 195(1)
payment of rent to Board cannot constitute a
default in rent: s.195(5)
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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No More Default Evictions
- All tenants facing eviction will have the
right to a hearing
- Tenants that missed the hearing for legitimate
reasons can apply for a review (s. 202(2)
- Review procedure will likely be similar to current
“set aside”
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Tenants Can Raise Maintenance/Repair, etc.
Issues (s.82)
- Tenants can challenge eviction application for non-payment
of rent by raising any issues that could be raised in a tenant’s
application
- Limited value if tenants required to pay all arrears to Board
before making claims
- Will also need to be prepared to prove their case
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Fast Track Evictions (s.63(1), s.65)
- Tenant “willfully causes undue damages”
- Tenant uses rental unit or residential complex “in a
manner that is inconsistent with use as residential
premises and that causes or can reasonably be expected to
cause damage that is significantly greater than the damage
that is required in order to give a notice of termination.”
- Tenant substantially interfered with landlord’s reasonable
enjoyment (building with 3 units or less)
- Reduced notice period and no option to rectify
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Illegal Act by Other Occupant (s. 61(1))
- Landlord can apply to evict a tenant
because of an illegal act committed by
another occupant
- Tenant does not have to know about of
have permitted the illegal act.
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Issues Related to Cancellation/Variation of
Subsidy (s. 203)
- LTB cannot consider whether
removal/variation of subsidy for a social
housing tenant was proper
- There is some debate over how this
section will be interpreted
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Leaving within Notice Period (s. 37 (2))
- If tenant leaves apartment by the
termination date on an eviction notice, the
tenancy is ended as of the termination date
- Limits tenant’s liability for future arrears
- Landlord can still potentially sue tenant in
Small Claims Court
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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“Last Hope” Clause (s. 74 (11), (12))
- Tenant can void eviction order by paying
all arrears anytime before the Sheriff comes
- Tenant required to pay Sheriff’s fee
- Can only use once per tenancy
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Removing Property After an Eviction
(s.41 (2))
- Tenants will have 72 hours to remove their
belongings after enforcement of an eviction
- If landlord does not allow access, tenant
can make and urgent application to the LTB
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Caregiver’s Own Use (s. 48, s. 49)
- Tenant can be evicted if landlord or
purchases required unit to be occupied by
caregiver for landlord/purchaser or family
- Unit must be in the same residential
complex as person requiring care
RENT Workshop: Residential
Tenancies Act
The RTA and Eviction
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Relief from Eviction (s. 83(2))
- LTB must consider relief from eviction
RENT Workshop: Residential
Tenancies Act