Free Legal Forms Eviction Notices

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					What does the new RTA mean for
Tenants


   November 20, 2006
   ONPHA Educational Program
   Grace Vaccarelli and Kristina Brousalis
   Advocacy Centre for Tenants Ontario
Residential Tenancies Act:

 RTA removes the default process:
  hearing scheduled and held for
  (almost) all matters
 Where a tenant „not reasonably able
  to participate in the proceeding‟
  matter may still be reviewed
  [s.209(2)]
Tenant Rights
 Security of tenure
 Unit in good state of repair and fit for
  habitation
 Quiet enjoyment
 Free from harassment
 Rent only subject to certain increases while
  living in unit
 Any tenant may file an application with
  the Board if any of the above rights
  have been violated within ONE YEAR of
  the problem occurring.
Tenant Obligations
 pay rent on or before the 1st of the
  month
 maintain ordinary cleanliness of unit
 not interfere with other tenants or the
  landlord
 not commit illegal acts or run illegal
  businesses on the premises
Eviction
 Eviction only for reasons set out in
  the RTA
 Must follow procedure in RTA
 Only Sheriff can physically evict a
  tenant – landlord cannot change locks
 72 hours to remove belongings after
  a legal eviction – new!
Reasons for Eviction
 Mid tenancy
   arrears of rent – can result from failure to report
    change in income or other SHRA related reasons
   substantial interference **changes from TPA
   impairing safety
   damage        ** changes from TPA

   illegal act
   misrepresentation of income
   overcrowding
Reasons for Eviction (con’d)
 End of tenancy
   persistent late payment of rent
   landlord‟s own use (“approved” family member OR
     [new] caregiver)

   purchaser‟s own use
   demolition & conversion
Forms for Eviction
 First Notice
   Will be required for most grounds for
    termination of tenancy
   Current form numbers may change
 Application
   Current form numbers may change
   Board to send information about
    upcoming hearing to defending party
Eviction: Step 1
 Landlord must give Notice of
  Termination (in most circumstances)
 Notice of Termination sets out a
  « termination date »
 Tenant does NOT have to leave by
  the termination date in the Notice of
  Termination
Eviction: Step 2a (voidable notices)
 Tenant can « void » or cancel the
  Notice of Termination by:
   Paying all arrears owing under the notice
    within 14 days
   Stopping behaviour outlined in the Notice
     **with new exceptions – see next slide

   Fixing damage or paying for it to be fixed
    within 7 days **with new exceptions – see next slide
  * some notices CANNOT be cancelled…
Eviction: Step 2b (non-voidable, fast
track eviction notices)
 Tenant does not have the option to
  void or cancel certain notices:
   Illegal act
   Substantial interference where owner
    lives in complex and where complex has
    3 or less units (new)
   Wilful and Undue Damage or use of the
    unit in a way which might lead to
    extreme damage (new, example: grow
    ops)
Eviction – Step 2b – fast track
evictions
 In the case of:
   Willfully caused damage
   Using the residential unit in a manner
    inconsistent with residential use that could
    reasonably be expected to cause damage
   Impaired safety

  The Board has the jurisdiction to order a tenant
  evicted even before the termination date in the
  notice
Eviction: Step 3
 Landlord may apply at the Landlord and
  Tenant Board for an eviction hearing
 Landlord must give Notice of Hearing to the
  tenant
 The most important change under the
  RTA is that now EVERY tenant will have
  a hearing. A problem with the RTA is
  that it does not provide for a set aside
  motion.
Eviction: Step 4 – Agreement to
Settle Matter
 If parties can agreed to a payment plan for
  arrears owing, they can file their settlement
  with the Landlord and Tenant Board who
  may issue a consent order based on that
  agreement
 Consent order can only include payment of
  arrears, NSF charges, rent and fees
 Consent order cannot include a termination
  of the tenancy
Eviction: Step 5 - The Hearing Day
(1 of 2)


A. Mediation
 Tenant may ask for mediation on the
   hearing day
 If landlord agrees, there will be a
   mediation.
 Tenant can try to work out a payment plan
   or other solutions with landlord in
   mediation
 Mediated agreement can include a
   termination of the tenancy
Eviction: Step 5 - The Hearing Day
(2 of 2)


B. The Hearing
Prove rent already paid
     Receipts, bank records, cheques
 Pay all rent owing and application fee (unknown at
    present) before hearing day; OR
 Prove tenant did not do what landlord claims
     witnesses, documents, photographs
 Ask for relief against eviction – the Board can order a
    payment plan or make any other condition in an order
    if not unfair in the circumstances
Eviction: Step 5 - The Hearing Day,
Adjudicator’s considerations
 The Board is now required to
  review all the circumstances and
  consider whether or not to grant
  the eviction
 Unlike under the TPA, the Board
  may now hear set-off arguments
  from tenants about their own
  issues at an eviction hearing.
Eviction – Step 5 – Determining
arrears at the hearing
 Under the RTA the Landlord and
  Tenant Board shall not make
  determinations or review
  decisions concerning eligibility for
  rent-geared-to-income or the
  amount of geared-to-income rent
  payable
 There is still no independent review of
  a subsidy revocation
Eviction: Step 6 – After the Hearing
(1 of 2)


 If tenant is unhappy with a decision
  made by the Board, tenant has 30
  days to:
       REVIEW: ask Board to review the
        decision internally
            Serious error in law or in MATERIAL fact
       APPEAL: go to a higher court
            Error in law only
           *** Tenant should get legal advice first
Eviction: Step 6 – After the Hearing
(2 of 2)


 Tenant may void an eviction order for
  arrears by paying the amount ordered
  before the termination date in the order.
 Where tenant has been ordered to pay
  arrears, tenant may avoid eviction by
  paying all monies owed plus costs to the
  landlord any time before the Sheriff
  attends.
 This provision can only be used once in any
  tenancy.
Eviction - Step 7 – After
Enforcement of Eviction
 RTA extends time to reclaim
  possessions to 72 hours from time
  eviction order enforced
 Landlord must provide tenant access
  between 8:00 a.m. and 8:00 p.m.
 RTA gives Board express jurisdiction
  to hear tenant application‟s
  respecting landlord‟s failure to
  provide access
Reality for Tenants Facing Eviction
for Non-Payment at the Board
 There is no limitation in the RTA as to
  when landlord can apply for arrears
 If tenant does owe money, tenant
  must be able to repay, often within 7
  to 11 days of the hearing
Tenant Applications
 harassment, illegal lock-out, denial of
  vital services, interference with
  reasonable enjoyment (currently T2
  form – may change)
 repair & maintenance (currently T6
  form – may change)
 rebate of illegal rent or deposits
  already paid (currently T1 form –
  may change
Limitation Dates
 Tenant must apply within 1 year of
  incident
 There are some exceptions
Evidence on Tenant Application
 Evidence
     Expert reports
     witnesses
     photographs
     documents & letters
 Tenant must prove allegations
 See T2 & T6 Tip Sheets (for now)
 Check www.acto.ca for updated tip
  sheets
The Top 5 Problems with the RTA
 Lack of set aside provision
 Tenant is now responsible for the
  repair of “undue damage”
 Lack of protection for family members
  who are not named in the agreement
 The Board will not take jurisdiction
  over calculation of rent subsidies
 Apportionment of utility costs
Helpful Websites
 www.acto.ca for tenant tip sheets
 www.cleo.ca for pamphlets on tenant
  rights and responsibilities and other
  issues
Common Tenant Myths
 I can‟t get evicted in winter.
 I can hold back rent if the landlord doesn‟t
  make repairs.
 If I signed a lease that says I accept the
  place « as is », the landlord does not have
  to do work in my unit.
 I am not allowed to have guests, children
  or pets in my unit.
 The landlord can charge me extra if I have
  guests

				
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