Common Myths Part 4

Common Landlord and Tenant Board and Residential Tenancies Act Myths Part 4

I wasn’t expecting to be doing another blog on Common Landlord and Tenant Board myths so soon. The following are myths I have had to debunk when asked by clients or prospective clients in past few weeks.

A Tenant can vacate the apartment whenever they want without consequences 

Myth: If a tenant has a lease term, they cannot leave until the end of the term. Whether on a lease term or month to month basis a tenant is required to give at least 60 days written notice of their intention to leave. If rent is paid on the first of the month, the notice should indicate that the tenant will leave on the last day of a month. The written notice should be in the form of an N9 form or N11 form; both found on the Landord and Tenant Board website.

If the tenant fails to give the proper written notice, the landlord may be able to sue the former tenant.

A landlord in Ontario is entitled to collect a security deposit to cover damages 

Myth: I thought this would not fall under common myths, but the subject of security deposits has come up in my practice twice in the past few weeks. A landlord is never permitted to collect a security deposit or a damage deposit. A landlord is only permitted to colllect a last month's rent deposit.

A landlord is not permitted to accept rent payments in advance 

Myth: There is a lot of confusion regarding pre-paid rent. A landlord is not permitted to demand that rent be paid in advance. However, with the shortage of rental units in the Toronto area a tenant is permitted to offer to pay many months worth of rent in advance if the landlord will accept their rental application. It is legal for the landlord to accept this offer. This is attractive to landlords who are real estate investors.

If the tenant agrees to a provision in a tenancy agreement, it is enforceable. 

Myth: Landlords and tenants cannot agree to a term in a tenancy agreement or lease which is contrary to the Residential Tenancies Act. Section 3 of the Residential Tenancies Act deems such terms as void and unenforceable.

A Landlord can email or text a tenant about a rent increase 

Myth: Unless the proper Landlord and Tenant Board N1 Form is used and served to the tenant by a method permitted by Rule 3 of the Landlord and Tenant Board Rules  or section 191 of the Residential Tenancies Act, any rent increase is void.

Service of Notices of Rent Increase by email are only permitted if an Ontario Standard Lease was used, and on page 2 the Ontario Stardard Lease Agreement the landlords and the tenants have maked "yes," they have agreed to service of certain documents by email. Lastly, secion of page 2 of the Ontario Standard Lease Agreement must provide email addresses for services for service of documents.

There is also a form on the Landlord and Tenant Board website "Consent to Service by Email," which if completed and signed by all landlords and tenants service of certain documents by email are permitted.

A landlord can email or send a text message to the tenant of a notice of entry 

Myth:  Somethimes.

 Service of Notices of Entry by email are only permitted if an Ontario Standard Lease was used, and on page 2 the Ontario Stardard Lease Agreement the landlords and the tenants have maked "yes," they have agreed to service of certain documents by email. Lastly, secion of page 2 of the Ontario Standard Lease Agreement must provide email addresses for services for service of documents.

There is also a form on the Landlord and Tenant Board website "Consent to Service by Email," which if completed and signed by all landlords and tenants service of certain documents by email are permitted.

Sections 26 and 27 of Residential Tenancies Act deal with entry to the rental unit.

Section 26(3) of the RTA states:

A landlord may enter the rental unit without written notice to show the unit to prospective tenants if, (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so.” If section 26(3) of the act applies, it could be argued, that email or text message notice is sufficient as the landlord is only required to “makes a reasonable effort to inform the tenant of the intention to do so.

Section 27 of the RTA allows a landlord to give a notice of entry if:

27 (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

• To carry out a repair or replacement or do work in the rental unit. To allow a potential mortgagee or insurer of the residential complex to view the rental unit. 
• To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Actor a certificate of practice within the meaning of the Architects Actor another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998. 
• To carry out an inspection of the rental unit, if, the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20 (1) or section 161, and it is reasonable to carry out the inspection. 
• For any other reasonable reason for entry specified in the tenancy agreement. 

(2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit. “

Under sub-subsections 27(1) or 27(2) of the RTA can a landlord text a tenant with twenty-four hours notice? 

No. A landlord is never legally permitted to text a tenant a notice of entry.