Residential Tenancies in Ontario 101By Kormans LLP
Prior to entering into a residential lease in Ontario, landlords and tenants alike should apprise themselves of their rights and obligations under the Residential Tenancies Act (RTA). The laws and regulations regarding residential leasing can be complex and nuanced, therefore landlords and tenants may wish to consult a legal advisor for assistance.
The RTA provides rules and guidance on a multitude of matters relating to residential leases, such as but not limited to, the appropriate form of lease agreement to be used, rules regarding rent increases including the Ontario government’s rent increase guidelines, rules relating to rent deposits, the respective responsibilities of landlords and tenants when it comes to maintenance and repairs, as well as notice requirements and lease termination.
Landlords and tenants must be cognizant of the many types of notice forms relating to residential leasing matters. For example, a different form of notice exists depending on whether the landlord or tenant is initiating the termination of the lease, as well as a different form of notice depending on the reason for the termination. Landlords must also be aware of the restrictions relating to termination of residential leases as there are certain limited circumstances under which they can initiate the termination of a residential lease. Tenants should also be aware of these rules to protect their rights under the lease.
The RTA also establishes the Landlord and Tenant Board (LTB). The LTB exists under the umbrella of Tribunals Ontario and acts to mediate or adjudicate disputes falling under its jurisdiction (RTA disputes).
An inadequate understanding of the RTA rules and notice requirements can render a landlord or tenant unable to enforce their rights under the lease or to enforce the obligations of the other party under the lease.
Below are some links to pertinent resources for residential landlords and tenants:
If you have any legal questions regarding this topic, please do not hesitate to contact us at (905) 270-6660 or e-mail us at: Info@kormans.ca.
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