RESIDENTIAL TENANCIES ACT 2006 ONTARIO PDF

You're using an outdated browser. This website will not display correctly and some features will not work. Learn more about the browsers we support for a faster and safer online experience. Bill has been enacted as Chapter 17 of the Statutes of Ontario, The Bill repeals and replaces the Tenant Protection Act, The following summary of the Bill describes many of the changes made by the Bill.

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Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy. If passed, Bill will effect changes to Ontario's Residential Tenancies Act , the " RTA " , which will be relevant to residential landlords and tenants. As the COVID crisis has largely dominated news coverage over the past two months and as vacancy rates for residential apartments remain at historic lows, these proposed changes have attracted relatively little attention.

While Bill proposes a number of amendments to the RTA, the focus of this article is five proposed amendments that are likely to be of primary interest to landlords. Currently, landlords are permitted to apply under Sections 87 and 89 of the RTA for the purpose of seeking compensation for rental arrears, overholding or damage to a rental unit where a tenant remains in actual possession of the rental unit beyond the expiry date of the lease.

Additionally, Bill would permit landlords to apply to the Board to seek compensation with respect to a tenant interfering with another tenant's reasonable enjoyment of the residential complex, as well as a tenant's failure to pay any utility costs for which it was responsible, within one year from the date that the former tenant vacated the rental unit.

As such, landlords will be pleased to learn that they may no longer be restricted from pursuing a former tenant for compensation after the tenant has vacated the rental unit. Currently, Section 1 of the RTA provides that a tenant or former tenant of a rental unit may apply to the Board for an order requiring the landlord to pay the tenant any money that the landlord collected as rent in contravention of the RTA, whether as a result of improper notice of a rental increase or a rental increase above the prescribed guideline amount set out by the Ontario Ministry of Housing and Municipal Affairs on an annual basis, provided that the application seeking such order was filed with the Board no more than one year after the illegal rent was paid.

Bill proposes that a tenant cannot seek reimbursement for an improper rental increase if the tenant has already paid the increased rent for at least twelve consecutive months, provided that the tenant did not make an application to the Board challenging the validity of that rental increase within one year from the date that the rental increase was first charged.

These proposed amendments, if enacted, will provide peace of mind to landlords, as well as to prospective purchasers and lenders, that rental amounts paid by tenants for at least one year are no longer subject to challenge. Bill proposes to supplement these potential penalties by permitting the Board in this context and in the Board's discretion to also require the landlord to compensate its former tenant s in an amount equal to up to twelve months' rent at the monthly rate last charged by the landlord to that tenant.

Bill proposes new requirements that a landlord must comply with when filing an application to terminate a tenancy pursuant to any one of Sections 48, 49 or 50 of the RTA noted above. Specifically, the Bill requires that the landlord include in its application a sworn affidavit setting out the particulars of the reason for termination, whether such termination is due to the landlord requiring the rental unit for its own personal use, a purchaser's personal use, or as a result of planned demolition, conversion or substantial repair and renovation to the rental unit.

Additionally, the landlord is required to indicate in the affidavit whether or not it has within two years prior to filing the present application given any other notice of termination under Sections 48, 49 or 50 of the RTA in respect of the same or a different rental unit. Bill includes proposed amendments that permit the Board to consider a landlord's previous use of notices of termination under Sections 48, 49 and 50 in determining whether or not it is acting in good faith in currently applying for the termination of a tenancy under those same Sections.

Like the proposed increased cost consequences for landlords who are found to have acted in bad faith, as described above, the proposed affidavit requirements are intended to deter landlords from acting disingenuously when terminating tenancies under Sections 48, 49 or 50 of the RTA, as well as to provide the Board with additional evidence regarding applications where it is alleged that a landlord has terminated a tenancy in bad faith.

As Bill has not yet been passed and is subject to further amendments, landlords and tenants are encouraged to watch for additional information regarding the status of Bill as it works its way through the Ontario Legislature and to ensure that they are in a position to comply with the RTA, as amended, if and when Bill comes into force.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Compensation from Former Tenants Currently, landlords are permitted to apply under Sections 87 and 89 of the RTA for the purpose of seeking compensation for rental arrears, overholding or damage to a rental unit where a tenant remains in actual possession of the rental unit beyond the expiry date of the lease.

Improperly increased rents deemed not void Currently, Section 1 of the RTA provides that a tenant or former tenant of a rental unit may apply to the Board for an order requiring the landlord to pay the tenant any money that the landlord collected as rent in contravention of the RTA, whether as a result of improper notice of a rental increase or a rental increase above the prescribed guideline amount set out by the Ontario Ministry of Housing and Municipal Affairs on an annual basis, provided that the application seeking such order was filed with the Board no more than one year after the illegal rent was paid.

Affidavits now required in connection with Applications to the Board to Terminate a Tenancy Bill proposes new requirements that a landlord must comply with when filing an application to terminate a tenancy pursuant to any one of Sections 48, 49 or 50 of the RTA noted above. Originally published May 22, Seth Zuk. Anthony D'Angelo. Miller Thomson LLP. Many condo corporations have provisions in their declarations that provide that the corporation can recover an increase in the corporation's insurance premiums from an owner who, by act or omission, caused that increase.

The COVID pandemic is wreaking havoc on the commercial leasing industry and posing challenges for both landlords and tenants. Given the impact of the COVID pandemic, a large number of businesses are seeking some form of rent relief from their landlords. Sign Up for our free News Alerts - All the latest articles on your chosen topics condensed into a free bi-weekly email.

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Provides all the relevant legislation regulating Ontario landlords and tenants including the Residential Tenancies Act, , and regulations. Consulting Editor: Robert A. This updated consolidation contains all the relevant legislation regulating Ontario landlords and tenants including the Residential Tenancies Act, , and regulations. Global directory Contact us SignIn Signout. ProView eBooks and eLooseleafs. Newsletter and currency. Newly published and coming soon.

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Please contact customerservices lexology. As the COVID crisis has largely dominated news coverage over the past two months and as vacancy rates for residential apartments remain at historic lows, these proposed changes have attracted relatively little attention. While Bill proposes a number of amendments to the RTA, the focus of this article is five proposed amendments that are likely to be of primary interest to landlords. Currently, landlords are permitted to apply under Sections 87 and 89 of the RTA for the purpose of seeking compensation for rental arrears, overholding or damage to a rental unit where a tenant remains in actual possession of the rental unit beyond the expiry date of the lease. As such, landlords will be pleased to learn that they may no longer be restricted from pursuing a former tenant for compensation after the tenant has vacated the rental unit. Currently, Section 1 of the RTA provides that a tenant or former tenant of a rental unit may apply to the Board for an order requiring the landlord to pay the tenant any money that the landlord collected as rent in contravention of the RTA, whether as a result of improper notice of a rental increase or a rental increase above the prescribed guideline amount set out by the Ontario Ministry of Housing and Municipal Affairs on an annual basis, provided that the application seeking such order was filed with the Board no more than one year after the illegal rent was paid. Bill proposes that a tenant cannot seek reimbursement for an improper rental increase if the tenant has already paid the increased rent for at least twelve consecutive months, provided that the tenant did not make an application to the Board challenging the validity of that rental increase within one year from the date that the rental increase was first charged.

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