If you are involved in a residential tenancy dispute, the law can be difficult to navigate, and an error of procedure could become very costly. The best way to protect your investment is to work with an experienced housing lawyer. Mehdi Au LLP has experienced counsel on staff who would be happy to meet with you.
Most landlords and tenants in Ontario are familiar with the requirement for the landlord to provide rent receipts. The relevant provision of the Residential Tenancies Act (RTA) can be found at section 109;
109 (1) A landlord shall provide free of charge to a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord. 2006, c. 17, s. 109 (1).
(2) Subsection (1) applies to a request by a former tenant only if the request is made within 12 months after the tenancy terminated. 2006, c. 17, s. 109 (2).
The provisions contained within the RTA are then fairly slim, however it should be noted that by failing to provide receipts when requested, a tenant can file an application at the Landlord and Tenant Board (LTB) and request compensation. Failing to provide rent receipts also constitutes an offence and, can lead to a fine being levied against a Landlord.
Given the scant instruction in the RTA itself, many small landlords will buy a receipt book at Staples and write out a generic receipt. However, per Residential Tenancies Act, 2006 Ontario Regulation 516/06 (a regulation enacted to further flesh out Landlord Tenant Law in Ontario), there are some specific requirements of the rent receipts, found at s. 9, which reads;
9 . A document constitutes a receipt for the purposes of section 109 of the Act if it includes, at a minimum,
(a) the address of the rental unit to which the receipt applies;
(b) the name of the tenants to whom the receipt applies;
(c) the amount and date for each payment received for any rent, rent deposit, arrears of rent, or any other amount paid to the landlord and shall specify what the payment was for;
(d) the name of the landlord of the rental unit; and
(e) the signature of the landlord or the landlord’s authorized agent.
As such if you rent out residential property, you had better ensure that the names, and addresses of all parties are included on the receipt. As well as the amount and date of payment, along with your signature. It may be appropriate to create a form to use for all of your receipts that you know includes all of the required line items.
By ensuring that you follow the rules hidden in the regulations, you will protect yourself from tenant complaints and protect your investment from costly legal claims. Mehdi Au LLP has lawyers familiar with Landlord Tenant law on staff who would be happy to sit down with you and review your case.
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