Posted by admin on Nov 16, 2015 in Blog | 0 comments

Created by the Residential Tenancies Act (RTA), the Landlord and Tenant Board has two primary roles: It establishes the rights and obligations of tenants and landlords under the RTA. It keeps eviction and maintenance disputes out of Ontario courts by resolving disputes between landlords and tenants through mediation or adjudication. In short, whether a landlord fails to observe the health, safety and maintenance standards set out by provincial laws and municipal bylaws or a tenant withholds rent, this is resolved through the Landlord and Tenant Board, which is similar to a court where either a landlord or a tenant can apply to the Board. The challenge is understanding the application and hearing process including what to do before you file an application, how to file an application and what happens afterwards. Before you file an application Before applying to the Landlord and Tenant Board, there are steps to take. For example, if you have a problem with your landlord or tenant, you should attempt to solve the problem with a conversation. You also need to understand your rights and responsibilities and get legal advice. Choosing an application If you are a landlord: The forms available include L1-L9, N4-N8, N10, N12, N13, A1, A2 and A4. Because there are different kinds of concerns, which can happen in a tenancy, correspondingly the LTB application you need to file will be different. If you are a tenant: The forms available include T1-T6, A1, A2 and A4. For different concerns that you may have about your tenancy, there are appropriate forms to file with the LTB. Filing an application Applications and supporting documents may be filed in one of 4 ways. Using LTB e-File In person By mail Or by fax at any LTB office location or ServiceOntario Centre that accepts applications for the LTB. Mediation and hearing The LTB has rules and practice directions that apply to its processes. To get ready for and understand what happens at mediation and the different types of hearings, you might want to get legal advice. The order The LTB issues four common orders: 1) An interim order, 2) An ex parte order, 3) A hearing...

Posted by admin on Nov 16, 2015 in Blog | 0 comments

The following are common types of residential tenancy arrangements; Fixed-term tenancy Fixed-term tenancy has long been considered the ideal for both landlords and tenants. For landlords, an understanding that the rental unit will remain tenanted for a defined period is coveted. For tenants, a secure tenure can mean relief from stress in the ever-changing rental climate. However, the fixed-term tenancy can become constraining for both parties  when a dispute between the landlord and the tenant forms. A landlord is limited to terminating the tenancy before the end of term by the protections afforded to tenants by the Residential Tenancies Act- no termination of tenancy without an order of the Landlord Tenant Board. Where as a tenant is limited by  obligation to find a suitable candidate to take over the lease- or otherwise facing liability for the remainder of the term (the only exception being instance of domestic abuse). Periodic tenancy This tenancy is typically short term and therefore, it has shorter notice periods when a notice to commence an application to the Board is served. Undefined terms of habitation are common in these types of tenancies, making it more difficult to gather evidence that is necessary for a successful eviction. Tenancy at sufferance This is not a lawful tenancy, it takes place outside any tenancy agreement, but the tenant remains in possession of the rental unit. While there is no agreement to tenancy, the Board will recognize landlords’ right for compensation in the form of rent charges. Depending on the type of tenancy, procedural steps can vary. Proper procedure plays an extremely important role when it comes to evicting a tenant. There are many steps a landlord is required to take in order to ensure success. For more information about tenancy agreements and other aspects of the landlord tenant law, talk to our courteous staff...