Free Legal Forms Eviction Notices

Document Sample
Free Legal Forms Eviction Notices Powered By Docstoc
					What does the new RTA mean for

   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
Tenant Rights
 Security of tenure
 Unit in good state of repair and fit for
 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
 maintain ordinary cleanliness of unit
 not interfere with other tenants or the
 not commit illegal acts or run illegal
  businesses on the premises
 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
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
Eviction – Step 2b – fast track
 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
Eviction: Step 3
 Landlord may apply at the Landlord and
  Tenant Board for an eviction hearing
 Landlord must give Notice of Hearing to the
 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
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
 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
 Tenant can try to work out a payment plan
   or other solutions with landlord in
 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
 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
 This provision can only be used once in any
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
 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 for updated tip
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
 for tenant tip sheets
 for pamphlets on tenant
  rights and responsibilities and other
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

Shared By:
Description: Free Legal Forms Eviction Notices document sample