Residential Landlord & Tenant
Residential tenancies Under the Tenant Protection Act of Ontario
ENTRY INTO RENTAL UNIT OR RESIDENTIAL COMPLEX
A landlord may enter into a rental unit at any time without written notice in case os emergency or if the tenant consents to the entry at the time of entry. Also, a landlord may enter a rental unit without written notice to clean it, if the tenancy agreement requires the landlord to clean a rental unit at regular intervals and, the landlord enters the unit at the time specifies in the tenancy agreement.
If no times are specified, the landlord may enter the unit between the hours of 8:00a.m. and 8:00 p.m. The landlord may also enter the rental unit without written notice to show the unit to prospective tenant s if the landlord and tenant have agreed that the tenancy was terminated or one of them has given termination to the other, the landlord enters the unit between the hours of 8:00 a.m. and 8:00 p.m. and before entering, the landlord informs or makes reasonable efforts to inform the tenant of the intention to do so.
ENTRY WITH NOTICE
A landlord may enter a rental unit in accordance with written notice given to the tenant at least 2 hours before the time of entry under the following circumstances:
1. To carry out repair or to do work in the rental unit;
2. To allow a potential mortgagee or insurer of the residential to view te rental unit;
3. To allow a potential purchaser to view the rental unit;
4. For any other reasonable reason for entry specified in the tenancy agreement.
Please note that the written notice shall specify the reason for entry, the day of entry and a time of entry between the hours of 8:00a.m. and 8:00 p.m.
THE LANDLORDS RESPONSIBILITY TO REPAIR
The landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. A tenant or former tenant of a rental unit may apply to a tribunal for an order determining whether a landlord has breached its obligations. No application may be made more than one year after the day of the alleged conduct === to the application occurred. If the tribunal determines that the landlord has breached its obligations, the tribunal may order an abatement of rent, or repair to be made or that the cost of repairs be paid by the landlord to the tenant.
TENANTS RESPONSIBILITY FOR DAMAGE
The tenant is responsible for the repair of damage to the rental unit or residential complex caused by the willful or negligent conduct of a tenant or other occupant of the rental unit or persons who are permitted to the residential complex by the tenant.
A landlord may evict a tenant under the Tenant Protection Act for the following:
- For non-payment of rent;
- Illegal Act or misrepresentation of income;
- Impaired safety;
- The landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord’s spouse or child or parent of one of them;
- The tenant has persistently failed to pay rent on the day that it becomes due and payable;
- The tenant or person whom the tenant permits in to a residential complex willfully or negligently causes damage to the rental unit or the residential complex;
- The conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it is substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant;The above said are only what — of reasons why the landlord can commence proceedings under the Tenant Protection Act to evict tenants.
MONETARY JURISDICTION TRIBUNAL
The Tenant Tribunal may, where it otherwise has jurisdiction, order of an amount of money up to $10,000.00 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located, whichever is greater.
OFFENCES UNDER THE LANDLORD TRIBUNAL ACT
KOZLOWSKI & COMPANY also assist landlords in defending themselves against harassment applications commenced by tenants under the Tenant Tribunal. The person (landlord) other than a corporation who is found to harass, hinder, obstruct or interfere with tenant in the complex may be guilty of an offence under the tenant Tribunal and is liable to a conviction and fine of not more than $10,000.00. A corporation (landlord) is liable to a conviction and a fine of not more than $50,000.00 Note there are various other offences under the tenant Tribunal Act in which landlords may be liable to pay fines. Please contact a lawyer at KOZLOWSKI & COMPANY to discuss these matters in further detail.