The Protecting Tenants and Strengthening Community Housing Act, 2020 amends the Residential Tenancies Act, 2006 (RTA), the Housing Services Act, 2011, the Building Code Act, 1992 and repeals the Ontario Mortgage and Housing Corporation Act.
Our provincial legislature proposes the changes to the RTA will protect tenants from unlawful rent increases and renoviction and streamline processes at the Landlord and Tenant Board (LTB), making dispute resolution and recovering costs easier for the landlord. The following is how Bill 184 proposes to address Ontario’s rental landscape.
Notice By Landlord To Terminate For Personal Use, Major Repairs Or Renovation
- The amendments will require small landlords, those with fewer than five units, to compensate their existing tenants if the eviction is for repairs or renovations. Landlords would have to pay compensation and give their tenants the right to come back at the same rent.
Application By Landlord – After Notice Of Termination
- The landlord will require filing an affidavit along with their application to the Board for an order to terminate and evict.
- The landlord must indicate in their application, a history of previous notices given for renovation, repairs and/or personal use, within the two years prior to filing the application.
- If the tenant wants to raise issues at the time of hearing of an application by the landlord for an order to terminate and evict, the tenant must give advance notice in writing and within prescribed time requirements to the landlord.
- The Board will not issue an eviction order unless the landlord compensated the tenant for terminating the tenancy for personal use, significant repairs and renovation, demolition, or conversion to non-residential rental use.
Money Collected Illegally
- The tenant has 12 months to dispute a potentially improper rent increase notice. If the tenant has paid the increased rent for 12 consecutive months, in which no dispute was brought, the increase in rent is deemed lawful.
Mobile Home Parks And Land Lease Communities – Rules Related To Rent And Other Charges
- Charges for prescribed services and facilities or any prescribed privilege, accommodation or thing that the landlord provides for the tenant in respect of land lease for a mobile home is not “rent” and must be separate from the rent charged to the tenant.
- A landlord may apply to the Board for an order requiring a tenant or former tenant to pay costs for interference with reasonable enjoyment, for repairs to damages, for failure to pay utility arrears, etc. within one year, even after the tenant is no longer in possession of the rental unit.
There is nothing in the Act that ameliorates and streamlines the current LTB process as advocated. And contrary to misinformation propagated by lazy media, the amendments will not lead to mass evictions and cause further irreparable harm.
If you have any questions regarding this blog or need legal assistance in a residential housing matter, MEHDI AU LLP is a full-service firm that serves clients across the GTA and Ontario.
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