|Posted on 31 March, 2016 at 1:10|
By Daniel Greanya
My So you want to be a landlord series will address issues specific to residential landlords in Ontario. There are many responsibilities and obligations to being a landlord that prospective or current landlords may be unaware of. Residential landlords will also sometimes experience problems with their tenants, from non-payment of rent, to maintenance issues, to illegal activity.
Residential tenancies are a very heavily regulated area of the law, and are regulated separately from commercial tenancies. Quite often, laypersons confuse commercial tenancy principles with residential tenancy principles, and find out the hard way that these do not always intersect.
For example, many landlords are unaware that residential tenancies are of indefinite duration. Even where the parties have a lease for a period of time, the RTA provides that the tenancy continues after the lease has ended. Many landlords and tenants assume that the tenant must move out at the end of a lease, and that they can give the tenant notice to terminate the tenancy at any time. This is not the case. A landlord may terminate a residential tenancy for only a few reasons that are outlined in the legislation. A tenant may terminate the tenancy prior to the end of the lease, or with proper notice after the lease has expired. When a residential tenancy is not terminated in accordance with the Act at the end of a lease, it continues on a month to month basis.
Residential tenancies in Ontario with a few exceptions are governed by the Residential Tenancies Act, 2007. Almost all residential tenancy disputes are handled by the Landlord and Tenant Board, a quasi-judicial tribunal that provides a cost effective and expeditious resolution process for such disputes. Some matters go elsewhere, such as Small Claims Court, and landlords have obligations that arise under other legislation. These obligations include compliance with municipal by-laws, zoning, and building standards, and the Ontario Fire Code.
Greanya Legal Services can assist you with residential tenancy issues, including representation at the Landlord and Tenant Board. Call to discuss your legal matter.
DISCLAIMER: This article is intended as general information, and does not replace the advice of a Licenced Paralegal or Lawyer. For advice on your specific case, contact Greanya Legal Services directly.