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Author: Marshall Yarmus
Date Posted: July 15 2019
Evicting a Tenant in the Ontario Landlord and Tenant Board has Gotten Harder
Residential landlords have fewer rights in Ontario since the 2018 Rental Fairness Act passed, making changes to the Residential Tenancies Act. Some of the changes include:
Changes were made to the eviction process in Ontario regarding a landlord requiring the property back as they or an immediate family member requires the property for their own use. First, the landlord bringing this L2 application must be an individual. Prior to the change a corporation with one shareholder could bring this application.
The landlord must now pay the equivalent of one months’ rent to the tenant as compensation for serving the tenant with an N12 Notice of Termination. Section 55.1 of the Residential Tenancies Act now requires the landlord to pay this compensation to the tenant before the termination date set out in the N12 Notice of Termination. If the landlord is unsuccessful at the hearing in obtaining an eviction order, the act now states the Landlord and Tenant Board may order the one month’s compensation to be returned to the landlord.
The person who intends to move in now confirms in an affidavit or a declaration that they in “good faith” they intend to live in the apartment for at least one year. Previously, the Residential Tenancies Act was silent on how long the landlord or family member was required to live there.
The law has changed to give a former tenant more rights. If a tenant moved out because they received the proper form stating that as the landlord or their family member planed to move in, and the landlord or their family member didn’t move in, the tenant can file an application. At the Tenant's T5 application hearing alleging a bad faith eviction, if the property has been listed for sale, listed for rent, sold, or rented, it is now the landlord’s onus to prove that the notice to vacate was given in “good faith.” Previously it was the tenant who had to prove bad faith.
Starting April 30, 2018 all new tenancies will require prior to the beginning of the tenancy for the landlord to use the new standard lease form. If not provided prior to the start of a tenancy, the tenant can demand the landlord provide this standard lease form.
If the landlord fails to provide the Ontario Standard Lease Agreement New Link Text within 21 day of the demand, the tenant can withhold up one month’s rent. If the landlord does eventually provides the standard lease form within 30 days of when the rent was first withheld, the landlord may require the tenant to re-pay any rent withheld. However, if the landlord takes longer than 30 days from when the rent was withheld to produce the standard lease, the tenant may keep the money.