Share to Facebook
Author: Marshall Yarmus
Date Posted: July 15 2019
A landlord cannot evict a tenant in the winter
Myth: Tenants can be evicted at any time if the year. If the Residential Tenancies Act applies only the sheriff can evict and force a tenant out. The sheriff will not act until the landlord has obtained an eviction order from the Landlord and Tenant Board.
All residential tenancies in Ontario are covered by the Residential Tenancies Act.
Myth: Section 5 of the RTA lists many situations where the Residential Tenancies Act does not apply.
A tenant is permitted to withhold rent if the landlord has not done repairs.
Myth: Tenants are never permitted to withhold rent.
A tenant can be required to pay all or part of the cost of repairs if the lease contains that clause.
Myth: Section 20 of the RTA makes the landlord solely responsible for repairs to the apartment and residential unit due to normal wear and tear. A landlord is further required to meet all health and safety laws. Section 3 of the RTA states that a provision of a tenancy agreement that contradicts the RTA is void.
Section 34 of the Residential Tenancies Act makes a tenant liable for repairs only if the landlord can prove the tenant or someone the tenant allowed in the apartment willfully or negligently caused damage to the apartment.
The tenant must vacate the apartment at the end of a lease term.
Myth: Section 37 of the RTA states that at the end of a lease term the tenancy automatically renews on the same terms. If rent is paid monthly, the tenancy becomes month to month. A tenant is permitted to stay in the apartment as long as they want. A tenancy can only be terminated if the tenant gives the landlord notice to vacate, the landlord and tenant agree to terminate the tenancy, or the Landlord and Tenant Board makes an order terminating the tenancy and evicting the tenant.
The landlord can prevent the tenant from having overnight guests if that is a term of the lease
Myth: A landlord is not permitted to stop a tenant from having overnight guests.
The landlord can restrict the people living in the apartment to the people named in the lease.
A landlord is not able to restrict the number of people living in an apartment or state that only people named in the lease may live there. However, there are a couple exceptions.
The tenant cannot have more people living in the apartment then the municipal by-law permits. This is considered overcrowding. The tenant cannot sublease or assign the tenancy without seeking the consent of the landlord.
Ten Reasons Why a Settlement Conference Is the Most Important Hearing In a Small Claims Court Case
By Marshall Yarmus, May 20 2022