FAQ
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The Law Allows Eviction During the Winter But the Landlord & Tenant Board May Still Decide Against Eviction In the Winter.
The belief that a residential tenant cannot be evicted during the winter is false.
There is nothing within the Residential Tenancies Act (RTA), 2006, that prevents a wintertime eviction; however, the RTA does contain section 83 which provides an adjudicator at a hearing of the Landlord & Tenant Board to make discretionary decisions that may involve delaying an eviction and the reasoning for doing so may be because it is winter.
Accordingly, the adjudicator may choose to refrain from issuing an Order to Evict during the winter months or may choose to issue an Order to Evict with a delayed eviction date.
It seems that whereas an adjudicator may refrain from issuing an Order to Evict because it is wintertime, the urban myth was born that a tenant cannot be evicted during the wintertime.
Of course, this is FALSE!
A Tenant has until midnight, the day rent is due, to pay rent. If they have not paid by the next day, the Landlord may serve an N4 form to the tenant requesting to terminate the tenancy due to non-payment of rent. They will then have 14 days to pay rent or vacate the property.
Our Landlord Protection Program is connected with Equifax, allowing us to report rent payments to the tenant’s credit score. We can report non-payment of rent after 15 days. This feature has a double benefit, as tenants with bad credit but who always pay on time can improve their credit score, and bad tenants will have their credit score affected negatively for non-payment of rent.
Ultimately the Landlord is responsible for repairs to the property, provided the damage was not caused by the tenant. We tell our Landlord clients to fix things as needed. Constant maintenance of wear and tear items will be more effective in the long run. When something requires repair and it is not maintained, this can have a ripple effect and be a large cost in your pocket.
Our property management company has a large network of trade professionals to help with any repairs/renovations required for your property.
In the province of Ontario, a residential landlord can change the rent with each NEW tenancy agreement. For existing tenants on a month-to-month lease, the landlord must wait 12 months between increases, and must give the tenant written notice 90 days before the rent increase is to take place.
These are definitely questions a landlord should ask any potential tenant. As long as the questions aren’t discriminatory in nature, it’s better to ask as many questions as needed.
We want our landlords to find success in their investment and finding great tenants is part of the process. A background check, credit check and rental history is a great way for us to start our search.
Any tenancy agreements signed on or after April 30, 2018 must be on the government’s standard lease form, in this case the Standard Ontario Lease Agreement.
It is always a good idea for both landlords and tenants to have an agreement written down so that there is no confusion on what the law says must be in the agreement, as well as any other items discussed and agreed upon between the two parties.
A tenancy agreement cannot forbid a tenant from having a pet. And once there is a tenancy agreement, a landlord cannot evict the tenant simply for having a pet. This is true even if they agreed that the tenant would not have a pet.
However, there are some cases when the landlord can apply to the LTB to evict a tenant who has a pet. These are some common examples:
* the pet is making too much noise, damaging the unit or causing other tenants to have allergic reactions;
* the breed or species is inherently dangerous (e.g. a tenant’s pit bull could be considered “inherently dangerous” even if it hasn’t bitten anyone);
* the rules of the condominium corporation does not allow pets like the one tenant has
A tenancy does not end when a fixed term lease expires, unless:
* The landlord or the tenant gives proper notice to end the tenancy for a reason permitted in the RTA.
* The landlord and tenant both agree that the tenancy will end.
* The LTB or the court has issued an order ending the tenancy.
Otherwise the tenancy will renew automatically with the same terms and conditions. However the tenancy will become a month-to-month agreement instead of a yearly one, or a week-to-week agreement if the tenant pays rent weekly. Once the tenancy becomes a month-to-month agreement or a week-to-week agreement, the usual rules about rent increases apply.
Yes, a tenant can be evicted if a landlord requires the unit for:
* their own use the use of an immediate family member the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, who is living in the same building or complex
Starting September 1, 2017, the landlord must either give the tenant the equivalent of one month’s rent or offer the tenant another unit that the tenant accepts.
Only individual landlords, not corporations, can give notice of termination for this reason.
Once the landlord gives the tenant a notice terminating the tenancy for one of these reasons, they can apply to the LTB for an order evicting the tenant. However, a tenant can only be evicted at the end of their tenancy and only if the LTB issues an eviction order.
In most situations, before a landlord can apply to the LTB to evict the tenant, they must first give the tenant a notice of termination that tells the tenant the reason the landlord wants to evict them. For some termination notices, the landlord must wait a specific number of days to see if the tenant corrects the problem before they can file an application with the LTB. The number of days the tenant has to correct the problem is included in the notice.
If the tenant does not correct the problem and/or does not move out, the landlord can file an application with the LTB. In most situations a hearing will be scheduled. At the hearing, the member listens to the landlord and the tenant and then makes a decision.
If an eviction order is issued, it tells the tenant when they must be out of the unit. If they do not move out, then the landlord can file this order with the Court Enforcement Office (also called the Sheriff). Only the Court Enforcement Office can evict a tenant.
“Breaking a lease” means that a tenant wants to leave their unit before their tenancy agreement is over. For example, a tenant who signed a one year lease might want to move out after eight months.
A tenant and landlord can agree to break a lease. It is best if this agreement is in writing and signed by the landlord and the tenant. You can use Form N11: Agreement to End the Tenancy. If the landlord is not willing to break the lease, the tenant can assign the unit to a new tenant with the landlord’s consent.
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