Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
The December issue of CLEO’s ON THE RADAR looks at the January 2023 annual increases to Employment Insurance (EI) and the rent increase guideline.
Click HERE to find out more in the December issue of ON THE RADAR.
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from Advocacy Centre for Tenants Ontario (ACTO)
The Advocacy Centre for Tenants Ontario will be representing a number of tenants from across Ontario in their human rights applications before the HRTO against the Landlord and Tenant Board.
We are asserting that the LTB’s Digital First policy has, in many cases, violated tenants rights under Ontario’s Human Rights Code.
ACTO intends to achieve a significant legal victory for those who were left behind when the LTB decided to go Digital First. These applications represent the first attempt to call the LTB to account for these violations on a systemic level.
Read the full press release here:
https://www.acto.ca/…/press-release-human-rights…/
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
On September 1, 2021, the government made major changes to the Residential Tenancies Act. CLEO talked about some of these changes in September’s On the Radar. This month, CLEO looks at two new rules that relate to what are called “no-fault” evictions, for example, when a landlord wants to move in.
Learn more at:
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
Many tenants will see their rent go up in 2022 for the first time since 2020. This is because, in most cases, the government of Ontario didn’t allow any rent increases in 2021. For tenants not covered by the rent increase rules of the Residential Tenancies Act (RTA), the increase could be a lot.
This issue of On The Radar looks at the rules in the RTA most landlords must follow if they want to increase rents in 2022.
Learn more at: https://mailchi.mp/cleo.on.ca/on-the-radar-special-covid-19-rules-about-rent-increases-end-december-31?e=63ebc9e633
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
Tenants in Ontario are facing new rules that may seriously affect their rights and responsibilities. These changes to the Residential Tenancies Act became law on September 1.
This month’s On the Radar looks at 2 of the more significant new rules.
Landlords can now apply to the Landlord and Tenant Board (LTB):
For more information visit: https://mailchi.mp/cleo.on.ca/on-the-radar-greater-powers-for-the-landlord-and-tenant-board-could-have-major-effect-on-tenants?e=2979dc01ad
This post gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
As summer heats up, it’s a good time for tenants to pull out their leases and review the rules about air conditioners.
This month’s On the Radar looks at the different ways air conditioning can be handled in a lease.
A lease can say different things about air conditioning, including:
If there isn’t a lease, the rules depend on what was said when the tenant and landlord made a verbal rental agreement.
When the landlord provides air conditioning, they must make sure it works properly and repair it if it breaks.
The cost of running the air conditioner may be:
Most leases say whether the cost of air conditioning is included in the rent.
But some are less clear. For example, some leases say that electricity is included. But tenants need the landlord’s permission to install or use an air conditioner or extra appliances. The Landlord and Tenant Board usually says that if this is in the lease, the cost of running the air conditioning is not included in the rent.
It’s sometimes legal for a landlord to charge extra rent for air conditioning. But the amount cannot be more than:
Tenants should ask their landlord for copies of electricity bills. They’ll need these if they don’t agree with the amount of extra rent the landlord charges.
It’s not legal for a landlord to charge extra rent if the tenant pays for their own electricity.
Many leases say that tenants must have their landlord’s permission to install an air conditioner. It’s best for the tenant to ask in writing and keep a copy for their records. If the landlord refuses, see the section below on banned air conditioners.
Landlords can charge extra rent if tenants install air conditioners only if electricity is included in the rent. And the amount cannot be more than:
But if the lease says electricity is included and does not say anything about air conditioners or getting permission, air conditioning is included in the rent.
Even if the lease does not require it, it’s a good idea to have a professional install the air conditioner. This is especially true for window-mounted air conditioners, which can be dangerous if not installed properly. Tenants should keep a copy of the technician’s invoice in case the landlord asks for proof.
A landlord cannot remove an air conditioner owned by a tenant, as long as it was installed properly and is not disturbing others.
Landlords are increasingly trying to prevent tenants from installing window-mounted air conditioners. It’s legal for a landlord to put this in a lease when a tenant first moves in.
But landlords cannot refuse certain types of air conditioners unless the lease mentions them. Despite what some landlords say, there are no laws that ban certain types of air conditioners.
If a landlord says no to air conditioners, the tenant can offer to have the air conditioner installed by a professional and inspected on a regular basis.
Tenants can also write to their landlord to explain any medical conditions or disabilities that are made worse by hotter temperatures. If their unit is too hot, tenants should check it using a thermometer and take a picture of the exact temperature.
If a tenant takes these steps and the landlord still refuses, they should get legal advice.
If air conditioning is already installed, tenants can assume they can use it:
If air conditioning is not already installed, a tenant can install their own air conditioner. But they should tell their landlord and have it done by a professional. If electricity is included in the rent, so is the cost of running an air conditioner. Or, the tenant can ask their landlord to install an air conditioner. See the information above about how much landlords can charge.
This post gives general legal information. It is not a substitute for getting legal advice about a particular situation.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
The fast pace of change to housing laws and processes at the Landlord and Tenant Board (LTB) continues into 2021. This month’s On the Radar looks at 3 noteworthy changes:
On January 13, 2021, the Ontario government made an order stopping the Sheriff’s office from evicting most tenants during the second COVID-19 state of emergency.
This “eviction freeze” was lifted gradually across the province, beginning with 3 eastern public health units on February 10, 2021. The last of the eviction freezes ended on March 8, 2021, in Toronto, Peel, and the North Bay-Parry Sound area.
This means that the regular eviction process is back in place. For most tenants, the eviction process follows these 5 steps:
Steps to Justice has more information about the eviction process.
In mid-March, the LTB started using Zoom for some online hearings, instead of Microsoft Teams. The LTB had been using Microsoft Teams since August 2020, when it first introduced video hearings.
People had many criticisms of Microsoft Teams. For example, Microsoft Teams does not allow people to speak to each other privately in “breakout rooms”. This was especially hard on tenants who wanted to speak to Tenant Duty Counsel. It also made it difficult for landlords, tenants, and their legal representatives to negotiate with each other.
Now that the LTB is testing out Zoom, they’re trying to address some of these concerns. There are breakout rooms for negotiating and for tenants to talk to Duty Counsel.
As well, the LTB had stopped providing mediation services for rent arrears hearings. But during this Zoom test, they’ll slowly start using mediators again.
Mediation can be helpful as landlords and tenants meet with a mediator, who’s neutral and trained to help them work out a solution. It’s also private and confidential, unlike eviction hearings, which are public. And at a hearing, the adjudicator has all of the power to decide what happens.
It’s important for tenants to get legal help as soon as possible before their LTB hearings. Tenants can also ask for help if they have concerns about accessing a virtual hearing.
To get help, tenants have several options, including:
During the pandemic, community legal clinics and the Tenant Duty Counsel Program are helping most people over the phone.
In 2019, the government changed how many offers of rent-geared-to-income (RGI) housing someone can turn down before their household is taken off the waiting list.
The old rule said that households could get 3 offers. So, they could turn down the first 2 and stay on the waiting list.
With the new rule, households are given only one offer. If they turn it down, the household is removed from the waiting list, unless there are exceptional circumstances. For example, most regions allow people to remain on the waiting list if:
This new rule has been slowly rolled out across the province. The first regions applied the rule in January 2020, with more introducing it on January 1, 2021. The last of the regions will adopt the rule by July 1, 2021. This includes the City of Toronto. Tenants can check if the rule is being applied in their region.
For help related to your residential tenancy, please contact Kingston Community Legal Clinic.
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
The COVID-19 pandemic has caused many tenants to fall behind in their rent. For some, the best choice might be to work out an agreement with their landlord so they have time to pay back what they owe.
This month’s On the Radar describes some key things about repayment agreements. Before signing one, it’s important for a tenant to know where they are in the eviction process.
To start the eviction process, the landlord must first give the tenant an N4: Notice to End your Tenancy Early for Non-payment of Rent. This notice gives details about what the tenant owes and when they must pay.
When a tenant first falls behind with the rent, the landlord might ask them to agree to a payment schedule. This could be before or after the landlord gives them an N4 notice.
Usually, a landlord will not let a tenant off without paying back all the rent they owe. They’ll just offer the tenant more time to pay it.
In return for the extra time, the landlord agrees that if the tenant makes the payments in full and on time, they won’t take the next step. This next step is filing an eviction application with the Landlord and Tenant Board (LTB).
If tenants have money problems because of the COVID-19 emergency, it might help to talk to their landlord about this. But a tenant does not have to sign a repayment agreement if:
Tenants can’t be evicted just for refusing to sign an agreement that their landlord wants them to sign.
If the tenant does not sign an agreement and the landlord decides to apply to the LTB for an eviction order, the tenant will still have a chance to avoid eviction by:
Some landlords might also ask the tenant to sign another document agreeing to move out. The landlord will say that they won’t enforce it, as long as the tenant keeps up with their payments.
This document might be an N9: Tenant’s Notice to End the Tenancy or an N11: Agreement to End the Tenancy.
Tenants should never sign anything like this, unless they want to move out.
Later, the landlord might apply to the LTB. The tenant should receive:
The landlord, the tenant, or an LTB mediator might suggest a repayment agreement after the landlord files the L1 application.
Signing an agreement at this stage can have serious risks that tenants need to know about.
These agreements can include a part that says if the tenant misses a payment, their landlord can get an eviction order from the LTB without giving them a notice or a hearing.
Landlords usually want to include this. But tenants don’t have to agree.
If this part is not in the agreement, the LTB can still make an eviction order if a tenant misses a payment. But they can do this only after both the tenant and landlord have a chance to tell their side at a hearing.
If the landlord insists on including this part, the tenant should not sign unless they’re certain they can make all of the payments. If they’re even one day late or one dollar short, the landlord can get an eviction order from the LTB without a hearing.
The LTB has a form for repayment agreements but landlords and tenants do not have to use it.
If a tenant is thinking about signing a repayment agreement with their landlord, they can use this form instead. CLEO and the Advocacy Centre for Tenants Ontario (ACTO) developed this alternative form, with help from a number of community legal clinics. It’s meant to make it easier for tenants to understand what they’re agreeing to.
If the tenant does not sign a repayment agreement at all, they still have the right to have a hearing with the LTB.
At the hearing, they can tell the LTB their side and ask for time to pay off the rent. If their money problems were caused by the COVID-19 pandemic, the tenant can ask the LTB to take that into account.
Even if the LTB makes an eviction order after holding a hearing, the tenant gets one more chance to stop the eviction by paying:
It’s important for tenants to get advice from a lawyer or their local community legal clinic, before they sign any repayment agreement.
Repost from HIV & AIDS Legal Clinic Ontario.
The COVID-19 pandemic eviction ban is being lifted in Ontario on August 4, 2020. This means that evictions can once again take place in Ontario. There remains a process for evictions, but for most evictions that process is now different due to recent changes to the Residential Tenancies Act. Some of the changes related to evictions and other things are as follows:
Evictions can now be fast tracked at the Landlord and Tenant Board (LTB) if a tenant agrees to a repayment plan with their landlord but then misses a payment. It is very important for tenants to get legal advice before agreeing to repayment plans because not following the terms of a plan could lead the landlord to get an eviction order without a hearing at the LTB. If a tenant receives an eviction order in these circumstances, they have only 10 days to request a hearing.
For more details about the changes to the Residential Tenancies Act, see this article produced by the Advocacy Centre for Tenants Ontario.
While the changes to the law are being challenged in court, the changes are currently in effect. We will provide an update when we have more information about the court challenge.
This information is not intended as, and should not be taken as, legal advice. If you live in the City of Kingston, Township of South Frontenac, or Township of Frontenac Islands, please call us at 613-541-0777 or complete the online intake form at https://kclc.ca/contact/ for advice about your specific situation.
Click HERE for a recent article in the Queen’s Journal regarding the effects of COVID-19 on student tenancies featuring an interview with John Done, Executive Director.
Kingston Community Legal Clinic 