Potential Problems Amongst Landlords and Tenant

Are you having a dispute with your landlord or tenant? Do you need help or have a question regarding a specific issue?

We understand that disputes between landlords and tenants and browsing through regulations Residential Tenancies Act, 2006 (the “Act”) can sometimes be very complex. The Act applies to all landlords and tenants in Ontario. This includes all rental housing types, from high-rise apartments to family homes. We will handle your entire matter. We would also assist you with filing your application, providing support during your hearing, or preparing your notices.

There are a variety of issues that may cause disputes between landlords and tenants.

Issues For Landlords

• Tenant Selections and Payments

A landlord can select tenants based on certain factors. These factors include income information, credit checks, rental history, credit references, and guarantees. Landlords can ask prospective tenants about their income, if they work, how many people will live with them, if they have pets, and if they smoke. Landlords cannot ask the applicants about their children or anything related to religion, ethnicity or sexual orientation.

Leases and tenancy agreements are contracts between a property owner and a tenant. These contracts cover the length of a tenancy, the amount of rent, and the services - electricity, internet or access to additional storage or a locker - included in the rent.

• Rent Increases

The landlord can raise the rent by a certain amount each year if it follows the guidelines. This can happen only 12 months after the tenant first moves in or the last rent increase. The tenant must receive a written notice of a rent increase at least 90 days before it takes effect.

• Repairs and Maintenance

The landlords must keep the building and rental units in a good state, complying with all standards. Even if the tenant knew about specific issues before renting the home, the landlord is still responsible for repairs. Tenants should only withhold rent if there is something that the landlord has yet to repair, as the landlord may apply to evict them. The landlord is responsible for fixing broken appliances and removing pests. Tenants are responsible for fixing any damage that they or their guests cause.

Issues For Tenants

• Evictions

The landlord must follow a legal process to evict a tenant. A landlord cannot change locks or cut off vital services to evict a tenant. If a landlord sends a notice of eviction and the tenant does not want to leave, the landlord must file a formal application to evict the tenant. If a landlord tells you to move out with any method or gives you a “Notice to End your Tenancy”, you do not need to move out. You are allowed to simply refuse. If a landlord starts harassing you, then you can file a complaint or get legal help.

• Exiting Rental Agreements

There are a variety of ways to exit rental agreements. You can make an agreement with your landlord to end the agreement. If this does not work out, then you can assign your unit, meaning that a new tenant takes over the unit and the rental agreement. You can also ask the landlord and tenant board to end your tenancy.

• Privacy

A landlord is not allowed to threaten you, harass you, or invade your privacy in any way. Your landlord is not allowed to cut off any essential services for whatever reason. They cannot come inside your home without permission, and they must keep your personal information to themselves. They are also not allowed to stop you from joining a tenant’s association.

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Should you have any questions, please call the Buzaker Law Firm at (905) 370-0484 for a free 30-minute consultation.

At Buzaker Law Firm, we aim for success in serving you!