Landlord and Tenant Matters
A landlord and tenant begin their legal relationship by signing a rental agreement. This contract gives one party superior title to the property (i.e. the landlord – it grants possession and use of the premises for a limited period to the other party, i.e. – the tenant.) The landlord may not be the owner of the property but keeping in some way the right to sub-lease.
A rental agreement defines such terms as the price paid, penalties for late payments, the amount of notice required before either the landlord or tenant cancels the agreement and the length of the rental or lease.
The responsibilities simplified are as follows;
- Landlord is responsible for property maintenance and making repairs.
- Tenant is responsible for the clean and safe upkeep and paying their rent.
Common elements of a rental agreement include:
- Names of the parties
- The starting date and duration (term)
- Address of a rental property
- Conditions for renewal or non-renewal
- Amount of a security deposit
- Specific conditions (specific remedies, restrictive use, default conditions and other)
Whether the lease is written or oral, provide new tenants with information about the rights and responsibilities of landlords and tenants and about the role of the Landlord and Tenant Board.
The landlord must provide the tenant, upon lease agreement with copies of:
- any written agreements
- a legal name and address so that the tenant can give the landlord any necessary notices or documents
The Residential Tenancies Act, 2006
The Residential Tenancies Act covers most residential rental units in Ontario including care homes, mobile homes and rooming and boarding houses. The Act sets out the rights and responsibilities of landlords and tenants who rent residential properties. The Act does not cover commercial tenancies.
The Residential Tenancies Act does not apply to people living in:
- Emergency shelters
- Hospitals or nursing homes
- Non-profit and public housing
- University and college student residence or dormitories
- Units that are used on a seasonal or temporary basis
- Those sharing a kitchen or bathroom with the owner or certain family members of the owner
The Residential Tenancies Act covers most of the landlord-tenant related matters:
- Landlord and Tenant Rights and Responsibilities
- Tenancy Agreement
- Rules for Rent
- Maintenance and Repairs
- Entering the Rental Unit
- Security of Tenure
- Ending a Tenancy
- Board Proceedings
- Evicting a tenant
- Enforcement of an Order and more
Rules Relating to Rent
Residential Tenancies Act covers almost every aspect about rent:
- Rent deposit (if required)
- Post-dated cheques
- Receipt for payment
- Guideline for Landlord concerning rent increase and rules for that
- Landlord not to charge more than lawful rent
- Lawful rent for new tenant
- Reduction in services
- Municipal taxes
Either a landlord or a tenant can apply to the Landlord and Tenant Board. Their disputes can be worked out through mediation or adjudication. A Board Mediator helps a landlord and tenant reach an agreement they are both satisfied with. In adjudication, a hearing is usually held. A Board Member makes a decision based on the evidence the landlord and tenant present, and then issues an order. An order is the final, written version of the Board Member’s decision.
At BP Paralegal Services we handle all tenancy matters, whether you are a landlord or a tenant. We can give you advice on all residential tenancy matters and represent you at the Ontario Landlord and Tenant Board.
CALL OR EMAIL BP PARALEGAL FOR ALL YOUR LANDLORD AND TENANT MATTERS TODAY!
TELEPHONE: (705) 719 – 7990