W2 - ppt 3,4

Week 2: Rights and Responsibilities of Residential Landlords & Tenants POWER POINT 3 Security of Tenure: - Security of tenure is the security, or rights of occupation, of an occupier How is the Security of Tenure Illustrated in the RTA? - Tenancy may be terminated only in accordance with the Act – s.37(1) - If a fixed term tenancy is not terminated by notice (by either LL or T), and is not renewed for another fixed term, LL and T are deemed to have renewed the tenancy agreement as a monthly tenancy – s. 38(1) - If a periodic tenancy is not terminated by either the LL or the T, it renews for the period in question – s. 38(2) o Renew for another day, week, month, with same terms o If weekly agreement, stays weekly agreement o Usually determined by payment frequency o Ordinarily continues by what period it is (day by day, week by week) o It can lapse into monthly – depends on feasibility of type of rental o If in place that is only day by day, will not revert into long term agreement – very rare - Unless T has vacated or abandoned the unit, LL shall not regain possession without an order of LTB evicting T – s. 39 o Restrictions on recovery of possession Maintenance and Repairs: - RTA ss. 20, 29-30, 33-34 - Standard Lease – s. 13 and Parts J & T - Interpretation Guideline 5: Breach of Maintenance Obligations - Interpretation Guideline 6: Tenant Rights - LL cannot interfere with occupancy of rental units o Includes allowed for vital services, etc. o Cannot harass, obstruct, force, interfere with tenant - Cannot interfere with reasonable enjoyment - Brochure on Maintenance and Repair LL’s Responsibility to Repair: S.20 - LL must provide and maintain residential complex, including rental units in it, in a good state of repair and fit for habitation during tenancy – s. 20(1) - LL must also comply with health and safety standards o LL must provide the rental unit with smoke and carbon monoxide alarms (Part T of the Standard Lease) - Does not matter if premises were in state of non-repair at time lease was entered into and T knew of that fact – s. 20(2) Repair the Rental Property: - A landlord must keep a rental property in a good state of repair. All things that the landlord provides to the tenant must be kept in working order. This could include: o Electrical, plumbing or heating systems o Appliances

o Carpets in the unit or common areas o Walls, roofs, ceilings o Windows, doors, locks, lighting o Garages, laundry rooms, patios, walkways or pools - If something no longer works due to normal wear and tear or because it breaks or wears out, the landlord must repair it so that it works properly, or replace it. When something is replaced, however, the landlord does not have to supply a new or better model. o For example, if a stove supplied by the landlord cannot be fixed and must be replaced, it does not have to be replaced with a newer model with more features. Also, the landlord could replace it with a used stove, as long as the used stove works properly. Maintain Rental Property: - A landlord must keep the rental property clean. This includes the lobby, halls, elevator, laundry room, pool, and parking lot or garage. A landlord must also take steps to control pests such as cockroaches and mice. Meet Property Standards: - A landlord must make sure that the rental property meets health, safety, housing and maintenance standards. These standards are set out in municipal bylaws or provincial maintenance standards. Tenant’s Responsibility (with regard to Maintenance + Repair): - T responsible for ordinary cleanliness of rental unit – s. 33 o unless LL is responsible for cleaning under lease - This means: - A tenant must keep the rental unit clean, up to the standard that most people would consider ordinary or normal cleanliness. - Keeping an untidy unit is not a reason to evict a tenant under the RTA. However, if a tenant's unit is so unclean that it is interfering with the reasonable enjoyment of the landlord or other tenants in the building, the tenant could be evicted for this reason. - Also, a tenant could be evicted for putting the safety of the landlord or other tenants at risk. For example: o The unit is so dirty that it attracts pests o The unit is so cluttered that it poses a fire hazard Tenant’s Responsibility (with regard to Damage to Unit): - T also responsible for repair of undue damage caused to rental unit or residential complex by wilful or negligent conduct of T, another occupant of rental unit or of persons permitted on the residential complex by T – s. 34 Repair Damage: - A tenant must repair or pay for the repair of any damage to the rental property that's not due to normal wear and tear . - The damage could have been caused by the tenant, their guests or another person living in the rental unit. - This includes damage in the tenant's unit, as well as in any common areas such as a hallway, elevator, stairway, driveway, or parking area. It does not

Entry Without Written Notice – S.26 - LL may enter without written notice: - in cases of emergency, or if the tenant consents at the time of entry (at any time, day or night) - if tenancy agreement requires LL to clean the premises, LL may enter to clean it at times specified in the tenancy agreement or, if no time is specified, between 8:00 a.m. and 8:00 p.m. - to show the unit to prospective tenants if o parties have agreed to terminate, or one has given notice of termination o LL enters the unit between 8:00 a.m. and 8:00 p.m. o before entering, LL informs or makes reasonable effort to inform T Entry With Written Notice – S.27 - ss. (1) If your landlord wants to come in for other reasons, they must give you notice in writing 24 hours ahead of time. - They can come in only between 8 a.m. and 8 p.m. (ss. (3)) and only for these reasons: o to make repair or do work in the rental unit o to allow a potential mortgagee or insurer to inspect o to allow an engineer or architect to inspect (if the unit is in a condo) o to carry out an inspection of the rental unit if the inspection is to determine whether unit is in a good state of repair consistent with LL’s obligations under s. 20, and it is reasonable to carry out the inspection. o for any other reasonable reason specified in the tenancy agreement - ss. (2) – LL or, with LL’s written authorization, a real estate broker/salesperson, may enter unit to allow a potential purchaser to view the unit, with written notice to the T at least 24 hours before the time of entry Reason for Entry: - The entry must be for one of the reasons set out in section 27, described above. - The notice should provide as many details as possible with respect to the proposed entry, including details with respect to the repair or replacement or with respect to an inspection of the rental unit. In considering whether or not the notice complies with the RTA, the Board may consider whether details about the entry have been provided to the tenant. Who May Enter - The RTA gives a landlord the right to enter. A landlord's agent, for example, a superintendent or a person hired by the landlord, may also enter the rental unit on behalf of a landlord. - Where someone other than the landlord or the superintendent has been hired to do work in the unit, the landlord or the superintendent should attend with the hired person to permit entry into the unit by the person. Specifying Time of Entry: - Where a specific time of entry is known, it should be stated in the notice. Where it is not possible to state a specific time of entry, the notice may provide a reasonable window of time for entry.

- The Divisional Court in Wrona v. Toronto Community Housing Corporation found that while a landlord is not required to specify the exact hour and minute of a required entry into a rental unit, a written notice providing for a nine hour period for entry to permit the landlord to carry out an annual inspection of smoke detector equipment does not comply with the requirements that the notice specify a time of entry between 8:00 a.m. and 8:00 p.m. - https://www.canlii.org/en/on/onscdc/doc/ 2007/2007canlii3228/2007canlii3228.html?resultIndex=1 Enforcement – ss. 29 & 31 - T (or former T) can apply to LTB for an order determining that LL has illegally entered the unit – s. 29(1)6 - One-year limitation period – s. 29(2) - If LTB finds that LL has done so, it can make any of the orders set out in s. 31(1): o order that LL may not engage in the activity o order LL to pay money to T for repair or replacement of T’s property that was damaged, destroyed or disposed of due to LL’s breach and other reasonable out of pocket expenses due to LL’s breach o order an abatement in rent o order LL to pay an administrative fine o order that tenancy be terminated o any other order that seems appropriate - If LTB determines that T was induced by LL’s conduct to vacate the premises, LL may be ordered to pay T for all or portion of increased rent T has or will incur for 1 year after T left and reasonable out-of-pocket moving, storage expenses etc. – s. 31(2) Assignment, Subletting and Unauthorized Occupancy - RTA – Part VI - Interpretation Guideline 21: Landlords, Tenants, Occupants and Residential Tenancies - Standard Lease – s. 14 and Part P Sublet: - Sublet, also known as subtenancy, happens when the tenant gives the temporary right to occupy the rental unit to another person. In such a case, the person is called a subtenant. Important Terms: - Subletting: o RTA s. 2(2) – For the purposes of this Act, a reference to subletting a rental unit refers to the situation in which, o (a) the tenant vacates the rental unit; o (b) the tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenant’s term or period; and o (c) the tenant has the right to resume occupancy of the rental unit after that specified date

o find a third person to resume the occupancy of the rental unit pursuant to section 95 of the RTA. In the latter case, it might become an assignment and the third person might become an assignee. - In an assignment, the tenant will get out of the tenancy agreement permanently and the assignee will become a new tenant. The conditions of the tenancy agreement apply to the assignee as well. The assignee also resumes the rights and responsibilities under the tenancy agreement and the RTA. Right to Assign – s.95 - T has right to assign, subject to consent of LL – s. 95(1) - LL has absolute right to refuse consent to any assignment at all – s. 95(2)(b) & 95(3)(c) o T then has right to terminate tenancy on notice to LL – s. 95(4)(a) or (c) o T may give 30 days’ notice – s. 96 - If LL doesn’t object to assignment in principle, LL may still refuse consent to assignment to a potential assignee, but consent must not be unreasonably withheld – s. 95(5) & (6) o T is not given right to terminate tenancy o T can find another assignee - If T asks LL to consent to an assignment of the rental unit to a potential assignee, LL can refuse consent to the assignment 95(4)(c) o T has right to terminate - If LL doesn’t respond within 7 days (of T’s request), T has right to terminate tenancy – s. 95(4)(b) or (d) (30 days’ notice) - If LL consents, may charge only for reasonable out of pocket expenses – s. 95(7) - In order fo the assignment to be existing, the tenant must obtain the consent of the landlord. - Tenant may sublet or assign only with the consent of the landlord - Sublet: Landlord cannot unreasonably withhold consent to sublet the rental unit to a subtenant - Assignment: Note distinction between request to assign and request to assign to a potential assignee - Landlord CAN refuse consent to assignment of the rental unit (and the reason does not matter) - Landlord CANNOT unreasonably refuse consent to assignment of the rental unit to a potential assignee Rights of the Parties – s.95(8) - Assignee is liable to LL for any breach from date of assignment, and is given the right to enforce T’s rights directly against LL - Original T is released from future obligations to LL, but remains liable for breaches up to date of the assignment - If original T had started a proceeding under RTA, assignee may join in or continue proceeding (if his/her rights are affected) Remedies – s. 98 - If LL unlawfully withholds consent to an assignment (to a potential assignee) or sublet, T can apply to LTB under s. 98(1) for an order determining that LL

has unreasonably withheld consent, in which case LTB can make an order under 98(3): o authorizing the assignment or sublet o authorizing another assignment or sublet proposed by T o terminating the tenancy o for an abatement of rent - Limitation period is one year – s. 98(2) Sublets/Assignments Without Consent: - If T assigns or sublets without consent, it is an unauthorized assignment or sublet (unauthorized occupancy) - LL may apply to Board to evict the T and the unauthorized occupant – s. 100(1) o LL must do so no later than 60 days after the LL discovers the unauthorized occupancy – s. 100(2) o LL is entitled to compensation from unauthorized occupant – s. 100(3) - OR - LL may negotiate a new lease with the sub-T/assignee – s. 104(1)&(2) Deemed Assignment – s. 104(4) - A person’s occupation of a rental unit shall be deemed to be an assignment of the rental unit with the consent of the landlord as of the date the unauthorized occupancy began if, o (a) a tenancy agreement is not entered into under subsection (1) or (2) within the period set out in subsection (3); o (b) the landlord does not apply to the Board under section 100 for an order evicting the person within 60 days of the landlord discovering the unauthorized occupancy; and o (c) neither the landlord nor the tenant applies to the Board under section 101 within 60 days after the end of the subtenancy for an order evicting the subtenant - Take a look at s. 134