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Landlord's guide to avoiding trouble in Ontario. These slides contain many of the rules you must follow if you want to be a landlord in the province of Ontario. Further information can be found on the Ontario.ca website under the tribunals section. All legislation discussed herein comes from the Residential Tenancies Act of 2006.
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Importance Reduce complications Maintain a healthy landlord-tenant relationship Know your rights Protect against false claims Penalties: A fine of up to $50,000 for an individual Up to $250,000 for a corporation
Overview Lock Changes Maintenance Vital Services Harassment and Other Interferences of Enjoyment Eviction Rent And Fees Illegal Entry
Illegal Entry When you can: Between 8 am and 8 pm (unless otherwise specified in the rental agreement) After you have given the tenant 24 hours’ notice When you must perform services Without notice: In the case of an emergency With the consent of the tenant When you cannot: When you have not given notice to the tenant Entering for arbitrary reasons not agreed to by the tenant Note: If you have given the proper notice, it is an offense for the tenant to not let you in.
Lock Changes You cannot change the locks during a tenant’s residency without giving the tenant the new set of keys. You also cannot charge them for changing the locks Valid reasons for changing the locks: The tenant has been evicted and is gone The tenant has been evicted and refuses to leave (you need permission from the sheriff) Invalid reasons for changing the locks: If you are upset with the tenant (arbitrary) Premature eviction
Maintenance Maintaining a residential complex: A good state of repair: All things that the landlord provides the tenant must be kept in working order Fit for habitation: Do necessary repairs Follow fire safety laws Remove hazards Make sure the unit is Compliant with provincial and municipal health, safety, and housing standards You have the right to enter for maintenance with 24 hours’ notice
Vital Services Suite Meters: • Measures electricity consumption • Tenants must be informed of their portion of energy consumption before being charged • You must inform the tenant if you intend to stop taking responsibility for supplying electricity and pass it off to a broker with a suite meter
Harassment, Coercion, Threats, or interference with Enjoyment Harassment: Repeated and deliberate negative contact that serves no other purpose beyond creating emotional distress. Offenses: Deliberately do things that would interfere with a tenant’s ability to enjoy living in their rental unit If you do not have a good relationship with your tenant, discuss this with them and see if you can make other arrangements Threaten your tenant Interfere with their life and affairs Harass your tenant to move out of the rental unit Try to stop a tenant from forming or taking part in a tenants’ association Prevent them from taking part in a hearing Prevent them from filing an application under the Residential tenancies act Prevent them from exercising their rights
Eviction Offenses: Violating any part of the eviction process set out in the act Taking a tenant’s belongings arbitrarily Giving false reasons for eviction Making conversions when not permitted Evicting for repairs without offering a solution for the tenant Failure to offer the right of first refusal Stopping a tenant from gathering their belongings in the 72-hour period after an eviction Changing the locks without giving the tenant a new key
Rent and Fees Offenses: Charging more than is allowed under the act Charging additional rent after the tenancy has ended and the tenant has moved out Forcing a tenant to pay a rent increase before approval Forcing a tenant to buy anything from the landlord in order to stay there (e.g., furniture) Refusal to provide a receipt on request Charging fees that are not specified in the agreement Failure to return a deposit if the tenant does not actually end up moving in Using a tenants rent deposit for something other than the last month’s rent Not paying the tenant annual interest on their rent deposit There are valid reasons to increase rent above the guideline (AGI application)
The Clause This clause is meant to protect the agent who sells a property while a tenant is still occupying said property
Credit These rules are specified in the Residential Tenancies Act of 2006 and apply to all landlords in Ontario Please visit the Tribunals Ontario website for more information https://tribunalsontario.ca/ltb/rules-practice-directions-guidelines/ https://www.ontario.ca/page/rental-housing-offences
Thank you avi@avirosen.ca TORONTO, ON, M3B 2M3 (416) 818-6130 Long Distance 1-833-771-2529