Posts Tagged ‘RTA’

LANDLORD ALERT! RTA amendments take effect today: New and revised Rules, guidelines and brochures

Wednesday, September 1st, 2021

The Ontario Landlords Association has been lobbying hard for years and helping make positive changes to the laws to protect Small Landlords.

We stopped many anti-landlord laws before and now are working relentlessly to create a fair system.

Join us, make your voice heard, and help make even more positive changes to help good landlords and good tenants succeed in win-win business relationships.

September 1, 2021 

TO:                 Ontario Landlord Association Members

FROM:           Karen Restoule, Associate Chair, Lynn Dicaire, Registrar

RE:                 RTA amendments take effect today

We are writing to remind your Ontario Landlords Association Members that amendments to the Residential Tenancies Act, 2006 (RTA) resulting from Bill 184, take effect today. We have summarized the changes in September 1, 2021 Amendments to the Residential Tenancies Act.

In response to these amendments, the LTB has posted new and revised Rules, guidelines and forms to our website at tribunalsontario.ca/LTB.

New materials:

  • Form L10: Application to Collect Money a Former Tenant Owes and Instructions
  • Certificate of Service: Serving a Former Tenant or a Tenant no Longer in Possession of the Rental Unit
  • Request to Use Alternative Service Form
  • Brochure: Collecting Money a Former Tenant Owes
  • Brochure: How to Serve a Landlord or Tenant with Documents

Revised materials:

  • Rules 3, 4, and 5
  • Guideline 11: Eviction for Failure to Pay Rent
  • Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion
  • Form T5: Landlord Gave a Notice of Termination in Bad Faith and Instructions
  • Form L2: Application to End a Tenancy and Evict a Tenant and Instructions.

** The revised L2: Application will only be available in fillable PDF format until the launch of the new Tribunals Ontario Portal later this fall. Please do not use LTB e-File to file based on an N12 or N13 notice or when claiming costs relating to substantial interference or utilities. In these cases, you must use the PDF form and submit it by fax, mail or courier.

The LTB consulted on these materials and processes from January 19 to February 5, 2021.

Among the changes the LTB made as a result of the consultations, the LTB has added email as an approved method for landlords to serve former tenants and introduced a Request to use Alternative Service Method. For more information about email service and alternative service, see the Certificate of Service – Serving a Former Tenant or Tenant No Longer in Possession of the Rental Unit and the Brochure: Collecting Money a Former Tenant Owes.

Users will be able to file the new and revised forms on the Tribunals Ontario Portal when it launches later this fall.

Sincerely,

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

Important Information For Small Landlords: Expedited Enforcement of Eviction Orders

Tuesday, March 9th, 2021

April 8, 2021

TO:                 Ontario Landlord Association Stakeholders

FROM:           Karen Restoule, Associate Chair, Lynn Dicaire, Registrar

 RE:                 Expedited Enforcement of Eviction Orders

On April 8, 2021, the Government of Ontario issued Ontario Regulation 266/21 made under the Emergency Management and Civil Protection Act.

This regulation states that the Court Enforcement Office (Sheriff) cannot enforce any Landlord and Tenant Board (LTB) eviction order unless the order asks the Sheriff to expedite the enforcement. 

The Sheriff can resume enforcing all eviction orders after the Government of Ontario removes the regulation.

The LTB is continuing to hold hearings for all types of applications and issue orders, including orders for evictions. This will help ensure that tenants and landlords seeking resolution from the LTB are provided access to justice with minimal service delays.

The purpose of this memo is to provide information on when an eviction order issued by the LTB may include a request to the Sheriff to expedite enforcement.

Section 84 of the Residential Tenancies Act, 2006 (“RTA”) says that the LTB must include such a request to the Sheriff in the order where the tenant is being evicted for certain types of very serious conduct, and the adjudicator has not delayed the enforcement date pursuant to section 83(1)(b) of the RTA. The grounds for eviction in section 84 are:

  • Willfully damaging the rental unit
  • Using the unit in a way which is inconsistent with residential use and caused, or is likely to cause, significant damage
  • Committing an illegal act in the unit involving the production or trafficking of illegal drugs
  • Seriously impairing someone’s safety
  • Substantially interfering with the landlord’s reasonable enjoyment – in cases where the landlord and tenant live in the same building and the building has three or fewer residential units

If a landlord believes that an eviction order should include a request to the Sheriff to expedite enforcement, but the application is not based on any of the grounds contained in section 84 of the RTA, the landlord may raise this issue during the hearing.

The adjudicator may consider whether the tenant is responsible for an urgent problem such as a serious and ongoing health or safety issue at the residential complex or a serious illegal act that occurred at the residential complex. The tenant will have the opportunity to make submissions on this issue if they are at the hearing.

If the hearing for the landlord’s eviction application has already been completed but the order has not been issued, the landlord may contact the LTB to ask the adjudicator who held the hearing to consider adding to the order a request to the Sheriff to expedite enforcement of eviction. Landlords can submit a request to expedite enforcement of the eviction by fax, mail or email. The tenant will have an opportunity to make submissions on this issue.

Eviction orders that have already been issued can only be changed if the order contains a serious error or a clerical mistake. If a landlord believes that an order contains a serious error, the landlord may file a request to review the order. If the landlord believes that the order contains a clerical mistake, the landlord may file a request to amend the order. More information on this process is available on the Application and Hearing Process page of our website.

We remain committed to updating you about operational planning and we are appreciative of your patience and cooperation as we continue to adjust our operations in response to the ongoing pandemic. For new information check out this site for updates.

Sincerely,

[Original signed by]              [Original signed by]

Karen Restoule                    Lynn Dicaire

Associate Chair                    Registrar

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The Ontario Residential Tenancies Act (RTA) Has Changed

Monday, October 3rd, 2016

ontario-landlords-association-education-campaign

Keeping Ontario Landlords Informed: Tenants who are the victims of sexual and domestic violence can now end their tenancy in 28 days 

Successful Ontario landlords know the importance of following the rules and laws for running a successful rental businesses. We also know to follow the rules you need to be aware of them.

Sometimes that can be a challenge. Most small residential Ontario landlords have full-time jobs.  Our members aren’t large corporations with full-time staff and stocks and bonds.

We have members who are nurses, teachers, Toronto fire-fighters, carpenters, plumbers, professional athletes (including some famous ones), lawyers, doctors, electricians, full time Mums and Dads, receptionists, dentists, and investors who don’t even live in Canada (but have invested a lot of money, hired property managers and created terrific rentals.)

With such busy lives it can be hard to keep track of changes that are important for our professional and service-oriented landlords.

This is another way the OLA helps out because we reach a huge audience of small landlords across Ontario and let them know about important changes. For example, we still have Mississauga landlords thanking us for letting them know about the changes to the landlord licensing system in that city.

At first glance the Residential Tenancies Act (RTA) can look very complicated and even intimidating. The reality is the RTA is complicated and can be a bit scary for new landlords (and even for some vets).

Over the years we’ve had thousands of small residential landlords from across the province contact us for help and assistance.

This is one of the reasons why the OLA has been asking the government to improve the Residential Tenancies Act to help small landlords and encourage more investment in rental properties in Ontario.

The RTA Has Changed in 2016

There has been a change in the RTA recently.  It’s a change to help victims of sexual and domestic violence be able to escape bad situations.

Many of our landlord members were tenants at one point in our lives. Or they have relatives or friends who rent now.  They recognize this is a positive changes to help tenants in trouble and our membership agrees with helping tenants who are honestly in abusive and  dangerous situations.

Our members want to rent out high quality, legal rental units, to all the good tenants out there and be great landlords. We encourage rule changes, to help good tenants and to help good landlords.

New Notice Allows Victims of Sexual and Domestic Violence To End Tenancy in 28 Days

There has been a change is section 47.1 of the Residential Tenancies Act. Tenants who are the victims of sexual or domestic violence can now end their tenancy in just 28 days if they think they or a child living with them might be harmed or even injured if they don’t get out of the rental property.

Tenants in this type of situation can give notice at any time during the duration of their tenants.In order to do this the tenant must give the landlord 2 documents.

(a) Tenants Notice to End Tenancy because of Fear of Sexual or Domestic Violence and Abuse (Form N15)

Landlords (and all the tenants who read here) can get more information here.

(b) Tenant’s Statement about Sexual or Domestic Violence and Abuse.

Landlords and tenants can get more information here.

(c) Court Order

Tenants can also give the landlord a copy of the court order. For example, they can give you a copy of a peace bond or a restraining order).

Successful Ontario Landlords Know The Rules and Follow Them

Make sure you are aware and follow the laws and rules for landlords in Ontario. We encourage and welcome changes to help tenants.  We also want to encourage some changes to help all the good landlords in this province.

The OLA is the voice of small residential landlords so if you have any ideas for change to your business and encourage other to invest in rentals in Ontario please let us know and we will present it to the Ministry.

We all have the goal to create rules and procedures that promotes and protects both good tenants and good landlords and improves the residential rental industry in Ontario.

Let’s continue to make positive and important changes to the Residential Tenancies Act and the Ontario Landlord and Tenant Board for both tenants and small residential landlords.