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Homelessness…

Residential Tenancies Presentation Based on the RTA, 2000 Chapter R-14.1 Presented By: Mike Greene, RT Adjudicator Provincial Conference on Housing & Homelessness Location: Deer Lake, NL Date: May 30-31, 2017. Homelessness…. A Dictionary would probably define…

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Homelessness…

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  1. Residential Tenancies PresentationBased on the RTA, 2000 Chapter R-14.1Presented By: Mike Greene, RT AdjudicatorProvincial Conference on Housing & HomelessnessLocation: Deer Lake, NL Date: May 30-31, 2017

  2. Homelessness… • A Dictionary would probably define… • Homelessness is the condition of people without a regular dwelling. People who are homeless are most often unable to acquire and maintain regular, safe, secure, and adequate housing, or lack "fixed, regular, and adequate night-time residence." The legal definition of "homeless" varies from country to country, or among different jurisdictions in the same country or region. The term homeless may also include people whose primary night-time residence is in a homeless shelter, a warming center, a domestic violence shelter, a vehicle (including recreational vehicles and campers), cardboard boxes, a tent, tarpaulins, or other ad hoc housing situations.

  3. Residential Tenancies Act (RTA) • What does the RTA have to do with Homelessness? • When we were asked to do a presentation at your Provincial Conference, my first thought was, “what do we have to offer this integral part of our community?”

  4. RTA and Homelessness • After giving it some thought I realized we have a lot to offer. • Is the RTA the reason some people are homeless? • Are there items that homeless people or their advocates would like to know if they were to re-establish a more secure place to live?

  5. Even if it is just an understanding of some basic rights when it comes to their living arrangements.

  6. Our Mission To protect residential tenants and landlords by providing: • information on their rights and obligations under the Residential Tenancies Act, and an • effective and efficient dispute resolution services through mediation and adjudication.

  7. The Act covers most Residential Premises (Section 3) but not: • hospitals, • tourist inns, • prisons, • temporary shelters, • nursing homes, • university and college residences, • co-ops, • boarding houses, & • commercial properties.

  8. Definition of Boarding House: Living accommodation whose occupant(s) is required to share a • bathroom or kitchen facility with the owner who lives in the building in which the living accommodation is located, or • in which meals or bed linen are provided.

  9. Types of Rental Agreements: (Section 6) • Week to Week • Month to Month • Terms of 6 months up to one year

  10. Rental Agreement • A written agreement is not required. • A verbal agreement is binding in NL. • Once you have agreed to take an apartment and the landlord agrees to rent it, the agreement (verbal or written) is binding and governed by the Residential Tenancies Act.

  11. Rental Agreements • A sample Rental Agreement is available from our office or website. • http://www.servicenl.gov.nl.ca/landlord/rental_agreement.pdf • We recommend you use it.

  12. Security Deposit • Monthly tenancy - A landlord may collect a security deposit up to 3/4 of the first month’s rent. • With a weekly tenancy, no more than the amount of the rent payable for the first two weeks. • Don’t forget your receipt!

  13. Rent • The landlord is not permitted to collect the last months rent (Section 10) • The landlord is permitted to request post dated cheques.

  14. Statutory Conditions 1.The landlord must maintain the rental premises in a good state of repair and comply with any laws respecting health, safety or housing. 2.The tenant must keep the premises clean and repair any damages caused by him/her or anyone they permit on the premises.

  15. Statutory Conditions (cont’d) • 3.The tenant is permitted to sublet (exception - subsidized housing) with the landlord’s permission. • The landlord cannot refuse without a reason and can only charge for expenses incurred in relation to the consent to sublet.

  16. Do you want to Sublet? • Did you know… ...if you sublet, you will be a tenant and a landlord…

  17. Statutory Conditions (cont’d) • 4.The landlord must mitigate damages that may be caused by a tenant abandoning the rental unit. They must try to re-rent as quickly as possible so losses are reduced.

  18. Statutory Conditions (cont’d) • Entry of Premises – • 5.The landlord should not enter the rental unit (except in an emergency) unless he has given you a 24 hour written notice and the time of entry is at a reasonable time; or • Notice of termination has been given by the landlord or tenant - then the landlord has to make a reasonable effort to give the tenant 4 hours notice of entry to show the premises to prospective tenants or buyers.

  19. Statutory Conditions (cont’d) • 6.Unless a landlord and tenant agree otherwise, the landlord or tenant should not change the locks on a rental unit. • 7.The landlord and tenant should not interfere with the peaceful enjoyment of each other (e.g. loud parties, harassment etc.)

  20. Statutory Conditions (cont’d) • 8.The landlord and tenant should not, without the consent of the other, cause the heat, water or electrical power to be disconnected to the rental unit. The Current Official Version of the Residential Tenancies Act (RTA) is now available online.

  21. Notice of Termination (Sect 17) (Must be in writing) • Monthly tenancy - landlord must give three months and the tenant must give one month - following the rental period. • Term Tenancy - landlord must give at least three months written notice and the tenant must give a least two months written notice prior to end of tenancy.

  22. NOTICES • These notices must follow the rental period – • e.g. 1st to end, 15th - 14th of the following month.

  23. Length of Termination Notice • The length of notice of termination depends on the reasons for termination and can range from days to months. • Some types of termination notices: • Rental Arrears (Section 18) - the rent is 15 days late, the landlord may give a tenant 10 days written notice of termination

  24. Length of Termination Notice • Material Breach (Section 19) - Once a written notice has been given to the landlord or tenant to remedy the breach (it has to be for a reasonable amount of time), one month written notice may be given by either the landlord or tenant • (e.g. pets, non-smoking)

  25. Premises Uninhabitable (Section 20) • Notice to be effective immediately may be given by either the landlord or tenant (e.g. disconnection of electrical power or water)

  26. Interference with Peaceful Enjoyment (Section 22 and 23) • By the tenant 5-14 days written notice • By the landlord not less than 5 days written notice • (e.g. loud parties, threats and harassment)

  27. Repair of Damages (Section 21) • When a tenant fails to keep the rental premises clean and to repair any damage caused by him/herself or anybody the tenant allows on the property, the landlord may give a 24 hour written notice of inspection.

  28. Repair of Damages (cont’d) • If there are damages or dirt and the premises needs repair, the landlord may give the tenant written notice of what needs to be repaired or cleaned up and a number of days to complete repairs or the clean up. • Then the landlord may complete another inspection and if the work is not completed, the landlord may give the tenant as little as 5 written days to vacate the premises.

  29. Short Notices … • When a tenant is admitted to a nursing home or other similar facility, all tenants in that premises may give a notice. • When a tenant dies, all tenants in that premises may give a notice.

  30. Tenant Requires Repairs • When a tenant requires repairs, the tenant must make a request in writing to the landlord. • You cannot withhold rent in any circumstances. • The tenant may make an application for repairs and rent to be paid in trust to the Residential Tenancies Section.

  31. Seizure of Property (Section 29) • Simply put………NOT PERMITTED!!

  32. Order of Possession (Section 35) • If the tenant does not move out on a written notice, the landlord may apply to Residential Tenancies for an Order of Possession. • At a hearing, evidence to prove why it was necessary to give a notice of termination must be provided.

  33. Rental Increase • Terms for increasing the rent (Section 14). Three months written notice is required. • A landlord cannot increase the rent 1. during a lease 2. more than once in a 12 month period 3. during the first 12 months of a weekly or monthly rental agreement.

  34. Refund of Security Deposit • Unless agreed to otherwise, the landlord should refund the security deposit to the tenant within 15 days of moving out; or • apply to the Residential Tenancies Section to keep some or all of it.

  35. Refund of Security Deposit • Either the landlord or tenant may apply for the security deposit. Interest rate is calculated as simple interest, not compounded. • Each year in December the rates are calculated for the new year. The interest rate from 2010 to 2017 has been 0%.

  36. (Section 13) • The landlord may charge late fees when a tenant is late paying the rent. • $5.00 for the first day the rent is late and $2.00 for each day thereafter up to a maximum of $75.00.

  37. Contact Info: • St. John’s Area (709)729-2608/5829/2610 (MRD Bldg. Mount Pearl) • Gander (709) 256-1019 (Fraser Mall) • Corner Brook (709) 637-2445 (Sir Richard Squires Bldg.) • Toll Free 1-877-829-2608 • EmailLandlordtenant@gov.nl.ca • Webhttp://www.servicenl.gov.nl.ca/landlord/index.html

  38. Photo Credits by: Jason Dunne That’s The One Photography on Facebook

  39. Question Period!!! • Be Gentle and Kind!! • One topic at a time PLEASE! • Have a Wonderful Day!

  40. THANK-YOU

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