Residential Tenancy Issues
In Ontario, most residential tenancies are governed by the Residential Tenancies Act, and are adjudicated in the Landlord and Tenant Board if monetary damages do not exceed a principal amount of $35,000. An important aspect of landlord and tenant law is determining whether the Residential Tenancies Act applies to a specific tenancy. The Residential Tenancies Act governs many aspects of a residential tenancy including what a tenancy agreement must say, what qualifies as a residential tenancy, protections that a tenant has from a landlord, and how, and when, maintenance can, and must, be performed.
Maintenance Applications
The landlord has a general duty to maintain the rental unit, including its property, in a good state of repair fit for habitation and in compliance with health, safety, housing and maintenance standards. These obligations apply regardless of whether there was disrepair or lack of maintenance prior to the tenant occupying the unit. An important first step in seeking maintenance is notifying the landlord of the problem(s) in writing as soon as possible and requesting repair or maintenance. Records must be kept of these communications. If a landlord fails to maintain the unit after the request, remedies may be available at the Landlord and Tenant Board. A tenant has a duty to mitigate their losses. There is generally a limitation period of 1 year at the Landlord and Tenant Board for maintenance applications by a tenant. Common remedies include an order to repair or maintain the unit, monetary awards for lost or damaged belongings, and rental abatements. For a free consultation and quote contact Joseph Gelinas, Licensed Paralegal.
Issues with Landlords
Tenant's have a right to be free from harassment, coercion, threats, and substantial interference with their reasonable enjoyment of the rental unit and complex. Harassment can take many forms and can include intimidation, abuse, threats, and may include a landlord repeatedly and/or improperly entering your unit. At times, it will feel like a landlord is trying to make your situation so uncomfortable that you will leave the tenancy. If you feel that your landlord has breached your rights, you may entitled to remedies at the Landlord and Tenant Board. A tenant application must, generally, be filed within 1 year of the incident. Common remedies include orders for the landlord to refrain from the actions, monetary awards, and rental abatements.
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Disclaimer: Phoning, emailing, messaging or otherwise contacting Joseph Gelinas, Licensed Paralegal does not establish a paralegal-client relationship. A paralegal-client relationship is only established if a retainer has been agreed to. Do not provide any confidential or sensitive information when contacting Joseph Gelinas, Licensed Paralegal. Nothing written on this site is to be taken as legal advice. Laws and the interpretations of laws are constantly changing and may have changed since this article was published. The facts of each case are unique and the laws may apply differently.
