July 6, 2017
Q: What is the Residential Tenancies Act, 2006 and what does the Landlord Tenant Board do?
Most tenancies are governed in Ontario by the Residential Tenancies Act, 2006. The Act provides guidelines and directions on the rights and responsibilities of landlords and tenants and the rules which govern a tenancy agreement. There are some exemptions for rental units that are not covered by the Act. The Act does not apply to people renting or living in:
- Shelters, Hospitals and Nursing Homes
- Public Housing or Non-Profit Housing
- University or College Residences or dorms
- Seasonal or Temporary Units
- Units where the landlord or certain family members of the landlord is sharing a kitchen or bathroom with the tenant
The Landlord Tenant Board is part of the Social Justice Tribunals of Ontario. It is board of appointed members who assist Landlords and Tenants in resolving tenancy issues and determines whether or not the rights or the responsibilities of the Landlord or Tenant have been infringed upon. Its adjudicators can make a legally binding determination or Order in the event of a Landlord/Tenant dispute. The board was created by the Residential Tenancies Act which came into force only in 2007.
Q: Can a Landlord charge a person a deposit or fee for allowing them to rent a unit?
Yes indeed! A landlord can request a rent deposit IF it is requested on or before the day that the landlord and tenant enter into the tenancy agreement. Keep in mind, the deposit CANNOT be more than one month’s rent or the rent for one rental period!
Q: Pets, Pets, Pets…Can a Landlord refuse to rent to a person who has a pet?
YES! If a landlord has a NO PET policy and they learn that a potential tenancy applicant has a pet – the landlord can refuse! However, it’s important to remember that the Residential Tenancies Act, 2006., states that any clause in a rental agreement that prohibits pets is void.
Q: Can a tenant withhold the monthly rental payment because of maintenance issues?
No, they cannot! They do, but they cannot! Serve that Notice of Termination if the tenant withholds the rent. It’s your right as a Landlord to receive the monthly rental payment on the day that it is due.
Q: Can a tenant change the locks?
No, they cannot UNLESS the landlord agrees that the lock may be changed. A tenant may NOT add any locks that may prohibit the landlord from entering the rental unit if there is an emergency or has valid reason to enter the unit after proper notice has been served.
Q: Can a tenant be evicted if the landlord or a family member of the unit requires the rental unit for personal use?
Yes! If the landlord requires the unit he can served a Notice for Termination in “good faith” that the rental unit is required for personal use.
Q: Should I perform regular property inspections?
Yes, absolutely! Anyone who has attended any of my educational classes at Rockstar should know the answer to this question. Performing regular property inspections is a “best practice” routine to get into for many reasons including landlord due diligence on unit maintenance. Potential liability issues can be reduced by regular property inspections.
Q: What if I don’t want to do ANY of the maintenance, inspections, prepare and serve notices, locate tenants when they vacate or enforce orders in small claims court by myself?
Good news! Veranova has all the services you need all under one roof. Contact our legal support services team to learn more.