WHAT YOU NEED TO KNOW ABOUT THE LANDLORD AND TENANT BOARD AND THE RESIDENTIAL TENANCIES ACT

WHAT YOU NEED TO KNOW ABOUT THE LANDLORD AND TENANT BOARD AND THE RESIDENTIAL TENANCIES ACT

July 30, 2014

What is the Landlord and Tenant Board?

  • Provides information about the Residential Tenancies Act (RTA)
  • Used to resolves disputes between residential landlords and tenants
  • Both Landlords and/or tenants can file an application with the board
    • A hearing will be set, and a member of the board will make a decision based on the evidence presented or help the two parties come to a conclusion

What is considered by the Landlord and Tenant Board and what rulings can it make?

  • Most commonly the Landlord and Tenant Board will determine the rights between landlords and tenants concerning:
    • Payment of rent and whether rental payments by a tenant are in default
    • Whether the condition of the rented property meets acceptable standards
    • Whether a landlord or tenant has breached the residential lease
  • Most common rulings by the Landlord and Tenant Board:
    • May terminate a tenancy if the tenant is in breach of payment of rent, otherwise has breached the lease in an important respect or if the landlord or relative of landlord requires the premises for their personal use
    • May award an abatement of rent if it finds that the premises do not meet acceptable standards

Who is covered by the Residential Tenancies Act?

  • The Residential Tenancies Act covers MOST residential rental units in Ontario
  • Many of the Residential Tenancies Act rules DO NOT apply to:
    • New rental buildings
    • Non-profit and public housing
    • University and college residences

What is Commonly Included in a Tenancy Agreement?

Note: The Residential Tenancies Act does NOT require all landlords and tenants to have a written tenancy agreement. Tenancy agreements can be oral or written arrangements.

If the tenancy agreement is in writing:

  • It must include the legal name and address of the landlord

and SHOULD also contain:

  • The date the tenant will move into the rental unit
  • The rent amount
  • The date rent is to be paid
  • What services are included in the rent (electricity, parking, etc…)
  • The rules that all tenants are required to follow

The foregoing are some basic points relating to the Landlord and Tenant Board. Please consult a lawyer for advice about your individual situation. This Article and its information is not legal advice, nor is it intended to be.

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