Click HERE to read Steph Crozier’s article in the Kingston Whig Standard regarding a recent announcement from the Landlord & Tenant Board.
Tag: landlord and tenant board
Tenant Wins at Board Hearing
Check out Steph Crozier’s recent article in the Kingston Whig Standard where she interviews John Done about a recent case before the Landlord & Tenant Board.
https://www.thewhig.com/news/local-news/tenant-wins-at-board-hearing
This article gives general legal information. For legal advice for a specific situation please CONTACT KCLC.
ACTO Asserts that the LTB’s Digital First Policy has Discriminated Against Ontarians
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.
ON THE RADAR: Recent Changes to Ontario’s Rules for “No-Fault” Evictions
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.
ON THE RADAR: Changes to Special COVID-19 Rules about Rent Increases end December 31
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.
Greater powers for the Landlord and Tenant Board could have major effect on tenants
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):
- after a tenant has moved out, and
- when a tenant does not pay for utilities that they’re responsible for.
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.
Air Conditioners: A Hot Topic for Tenants and Landlords
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.
What a lease might say
A lease can say different things about air conditioning, including:
- it’s provided by the landlord
- the tenant can install their own
- all air conditioners or certain types are banned
- nothing at all
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
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:
- included in the rent, or
- added as an extra charge.
Included in the rent
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.
Added as an extra charge
It’s sometimes legal for a landlord to charge extra rent for air conditioning. But the amount cannot be more than:
- the actual cost to the landlord of running the air conditioner, or
- a “reasonable amount” based on the value of the service if the landlord cannot show the actual cost.
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.
When the tenant can install their own air conditioner
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:
- the actual cost of the electricity, or
- a “reasonable amount” if the landlord cannot show how much electricity the air conditioner is using.
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.
When air conditioners are banned
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.
What tenants can do
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.
When a lease says nothing about air conditioning
If air conditioning is already installed, tenants can assume they can use it:
- at no extra charge, as long as electricity is included in their rent and the lease does not say they need the landlord’s permission to use extra appliances
- at their own cost, if electricity is not included in their rent
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.
Changes to Tenant’s Rights Continue During the Pandemic
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:
- the end of the second eviction freeze
- a different video conferencing tool for the LTB’s online hearings
- a new rule that forces people to accept the first rent-geared-to-income (RGI) unit they’re offered
The eviction freeze ends (again)
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:
- The landlord gives the tenant an eviction notice.
- The landlord then files an eviction application to the LTB.
- The LTB has a hearing.
- The LTB makes an eviction order.
- The landlord takes the eviction order to the Sheriff’s office. The Sheriff is the only one who can evict the tenant.
Steps to Justice has more information about the eviction process.
LTB tries Zoom for video hearings
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.
Getting help
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:
- contacting their local community legal clinic
- signing up before the hearing for the Tenant Duty Counsel Program
- calling Pro Bono Ontario’s legal advice hotline
- signing up for 30 minutes of free advice through the Ontario Bar Association’s Tenant-Lawyer Connection Portal
During the pandemic, community legal clinics and the Tenant Duty Counsel Program are helping most people over the phone.
One strike, you’re out: Changes to RGI offers
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:
- they’re very sick in hospital when they get the offer, or
- the home they’re offered is in the same building as someone who’s abused them.
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.
Getting legal help
For help related to your residential tenancy, please contact Kingston Community Legal Clinic.
If you are a tenant of Brock King Properties/Starlight Growth Fund, please see flyer below.
No More Rent Control for New Apartments
Re-posted from ON THE RADAR, a publication of Community Legal Education Ontario (CLEO)
The provincial government is allowing landlords of new apartments to raise the rent by any amount.
This month’s On the Radar explains which units are affected by this change, and what it means for tenants.
Rent control basics
Most rented homes in Ontario are covered by 3 rules about rent increases:
- The landlord must wait at least one year between increases.
- The landlord must give the tenant at least 90 days’ written notice of any increase.
- The increase can’t be more than the provincial rent guideline for that year, unless the landlord gets approval from the Landlord and Tenant Board. For 2019, the guideline is 1.8%.
It’s the last rule that’s now been taken off most new rental units. This means that those units are exempt from the rent guideline.
Which rental units are no longer covered by the rent guideline?
The new exemption applies to many units created or first rented after November 15, 2018. That was the date the government announced this change.
The new law says that the following types of units are exempt from the rent guideline:
- units in newly occupied buildings
- units in newly occupied additions
- new units in houses
Newly occupied buildings
If a building had no one living in it on or before November 15, 2018, all the units in it are exempt.
For example, this would apply if a building had only commercial tenants, such as a store or factory, before November 15, 2018. As long as the first people to live there moved in after November 15, all of the units people live in are exempt from the rent guideline.
Newly occupied additions
These are units in a new section that’s added on to a building, if this addition had no one living in it on or before November 15, 2018.
For example, this could be a rental building built in 1974, with a new addition built in 2018. As long as the first people to live in the addition moved in after November 15, 2018, all of the units in the addition are exempt from the rent guideline.
But units in the original part of building continue to be covered by guideline.
New units in houses
These are self-contained apartments created in a house after November 15, 2018.
It must be a house that didn’t contain more than 2 living units on or before that date. The house can be detached or semi-detached, or a townhouse or row house.
It must also meet certain other conditions.
For example, this could be a house that was built as a single-family home and was later divided into a main floor unit and an upstairs unit. The owner lives upstairs and rents out the main floor.
In March 2019, the owner gets the basement finished and creates an apartment there, with a kitchen, bathroom, and separate entrance. The new basement apartment is exempt from the rent guideline. But the main floor unit is still covered.
What does it mean if a unit is exempt?
Tenants who rent these units no longer have any legal protection against large rent increases.
At the end of their first year, and every year after that, their landlord can raise the rent as much as they want, as long as they give 90 days’ written notice.
It’s important that tenants renting new units know about this. A year after they move in, the rent could go up so much that they can’t afford it. Then their only option may be to move out.
Less protection from unfair evictions
Being exempt from the rent guideline creates another danger for tenants.
A landlord might want to get rid of a tenant for reasons the law does not allow, for example because the tenant is asking for repairs to the apartment.
The landlord can’t use this reason to give the tenant an eviction notice or to ask the Landlord and Tenant Board for an eviction order.
But now the landlord can try to force the tenant to move by raising the rent to a level that they know the tenant can’t afford.
There was one situation in the past when the Board decided that a landlord could not do something like this. But the Board might make a different decision in future cases.
A tenant in this situation might want to get legal advice.
Note: This post gives general legal information. It is not a substitute for getting legal advice about a particular situation. For legal advice, please contact Kingston Community Legal Clinic at 613-541-0777.
Kingston Community Legal Clinic 