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Many people believe that landlords cannot evict tenants in the winter months This is false! A landlord can evict a tenant if the reasons for the eviction fall under the Residential Tenancies Act and by following the eviction procedures as set out in the Act.
|Name:||KRC Legal – Kaili Chedore|
If you are pregnant or have children.
If you plan to have children, or if you plan to have more children
if you are married, single, or divorced.
Your religion or ethnic background.
Your sexual orientation
If you are receiving public assistance.
If you have a disability.
Your age (even if you are 16 or 17 as long as you are living away from your parents).
If you are a Canadian citizen.
|Full Name:||Jana Smith Allay Legal Services LLP|
|Service Area:||Welland & Region|
Time to Turn on the Heat!! The heat should now be on in your apartments to ensure that it is a minimum of 21 degrees Celsius (69.8 F) all the time! The landlord has this requirement from September 15th to June 1st.
Most properties should be inspected once per year but there are no written rules on how often you should perform an inspection on your rental property. You could do one biannually or quarterly while keeping in mind your tenants may find this intrusive. Proper screening of your prospective tenant can help cut down on the amount of inspections you will need to do on the property and can help maintain a good relationship with your tenant.
If you do need to issue a 24 hour notice of inspection there are a few things you should keep in mind. In Ontario you are required to provide notice stating why you want to enter or inspect the property. You need to have the date of inspection and time you are planning to attend the property. You must also include the reason of entry plus any other activities that may occur while you are there, like taking pictures. Unless its an emergency, you are only allowed to enter the premises between 8AM and 8PM. Provided you have given proper notice, you can enter the unit whether the tenant is home or not.
A landlord can use form N5–Notice to Terminate a Tenancy Early for the following reasons: The behaviour of the tenant or of someone visiting or living with the tenant has substantially interfered with the landlord’s or another tenant’s: Reasonable enjoyment of the unit, and/or. Lawful rights, privileges, or interests.
SCREENING! Make sure you screen your tenant. They need to fill out a proper application and you need to do a credit check. Also, meet with the tenant and ask them questions. If you wouldn’t invite them to the family dinner table, don’t rent to them.
CREDIT CHECKS and APPLICATIONS are all FREE with MyRentalFinder.ca
Form N12. Notice to End your Tenancy. Because the Landlord, a Purchaser. or a Family Member Requires the. Rental Unit
As a landlord, you are legally and morally obligated to performing personal use evictions in the correct manner, no matter whether you, a family member in need, or an important caregiver will be staying in the property. In order for a “personal use” eviction to take place, the landlord must fulfill the requirement of good faith, stating that you or a family member in need requires the property and will move into it within a reasonable time once the unit has been vacated. Occasional and infrequent use will not register as an allowable reason for personal use evictions, so the property must be inhabited on a full-time basis to avoid breaking regulations.
As with any kind of eviction, proper notice of 60 days must be given to tenants with a correct date of agreement termination – a notice with an incorrect date can be declared defective and the process will not be allowed to progress. Landlords must thereafter supply tenants with one month’s rent, or find them another suitable property to occupy before the eviction process can take place.
Who can occupy the rental unit?
The Form N12 can indicate that any one of the following persons intends to occupy the rental unit: the landlord; the landlord’s spouse; a child or a parent of either the landlord or the landlord’s spouse; or a person who provides or will provide care services to the landlord or a family member of the landlord where the person receiving the care services resides or will reside in the building.
The notice of termination cannot include other family members who are not specified in section 48(1), such as a landlord’s siblings. See for example: TSL-70431-16 (Re), 2016 CanLII 52813 (ON LTB); NOL-03484-10 (Re), 2011 CanLII 5985 (ON LTB).
The termination date in the landlord’s notice of termination must be at least 60 days after the notice is given and must be the last day of a fixed term tenancy, or if there is no fixed term, on the last day of a rental period. For example, if the current month is January and the lease expires on June 30 of the same year, the termination date should be June 30. If there is a month to month tenancy agreement and notice is provided to the tenant on January 20, the earliest the termination date on the notice can be is March 31 which is 60 days after the notice is given and on the last day of the monthly rental period.
A notice of termination with an incorrect termination date is defective. A defective notice cannot be amended after it has been given to the tenant. The LTB cannot issue an order terminating a tenancy on the basis of a defective notice of termination. See for example: CEL-02248 (Re), 2007 CanLII 75937 (ON LTB); TSL-72954-16 (Re), 2016 CanLII 44293 (ON LTB).
After being given the notice, the tenant is allowed to terminate the tenancy at an earlier date by giving give the landlord ten days written notice.
The landlord may apply to the LTB for an eviction order as soon as the notice has been given to the tenant, but section 69(2) of the RTA says that it may not be filed later than 30 days after the termination date in the notice. If the application is filed late, it will be dismissed. The LTB schedules a hearing to consider the landlord’s application and all parties have a right to attend the hearing and provide relevant evidence and submission
An N5 is a voidable notice of termination. This means that a tenant, once they receive an N5, have the legal right to void the notice by changing their behaviour or paying for the damage (another ground of termination in the N5
Why wait? You should always deliver it the day after rent is due if your tenant didn’t pay rent. Even if you have a great tenant, sometimes they will fall behind.
The 2019 rent increase guideline is 1.8% and applies to most private residential rental accommodation covered by the Residential Tenancies Act. The guideline is the most a landlord can increase the rent without applying to the LTB.
The guideline is not applicable to:
vacant residential units
social housing units
There is no limit to how much a landlord can increase the rent each year for these units.
Timing of rent increases: In most cases, the rent for a unit can be increased 12 months after a tenant first moved in or 12 months since the tenant’s last rent increase. A tenant must be given proper written notice of a rent increase at least 90 days before the rent increase is to take effect.
Calculation of the guideline: The rent increase guideline is based on the Ontario Consumer Price Index (CPI), which is calculated monthly by Statistics Canada. The 2019 guideline is calculated by averaging the percentage increase in the Ontario Consumer Price Index during the 12 months from June 2017 to May 2018. By law, the rent increase guideline cannot be more than 2.5 per cent, even if the CPI increase is higher.
Sample rent increase calculation: The monthly rent of an apartment is $1,000 beginning June 1, 2018. With proper written 90 days’ notice to the tenant, the landlord could increase the rent 12 months later on June 1, 2019.
This is the calculation for the rent increase:
The guideline for 2019 is 1.8%
A rent increase of 1.8% on $1,000 = $18
Therefore, the new rent on June 1, 2019 could be as much as $1,018
Above guideline increases: Landlords can apply to the LTB for an increase above the guideline for any of the following reasons:
Their municipal taxes have increased by more than the guideline plus 50 per cent. (For example, if the guideline is 1.8%, the taxes must have increased by more than 2.7 %).
They incurred operating costs related to security services.
They incurred eligible capital expenditures.