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Toronto Tenants Knows Your Rights

Can my Landlord double my rent, evict me because I asked for repairs, charge me for repairs? Common questions tenants might have and the key to dealing with an unscrupulous landlord is to know your rights.

In 2007 the act governing landlord and tenants rights in Ontario changed with the introduction of the Residential Tenancies Act (RTA).

Evictions

The Landlord must provide a Notice of Termination to end a tenancy early. There are very specific reasons why a landlord can do this, a tenant who receives a Notice of Termination should immediately call their lawyer or the Community Legal Clinic in their local area for those tenants who can't afford a lawyer.

A tenant can be evicted for non-payment of rent; committing an illegal act on the grounds or within the building; willfully or neglectfully causing damage to the unit or building; substantially interfering with another tenant's reasonable enjoyment of the building; impairing the safety or another tenant. This is not a complete list.

The landlord must legally go through the process of filing notice with the Landlord and Tenant Board, serving the tenant and so on. The Landlord may not legally change the locks; only the Sheriff under an Eviction Order issued from the Landlord and Tenant Board can evict a tenant by changing the locks. Should the landlord act illegally it is important to contact the Investigation and Enforcement Unit, at 416-585-7214, toll free at 1-888-772-9277. Calling the police is a good idea there will be a record of this visit but often they will refer the tenant to the Landlord and Tenant Board' cold comfort for a tenant unable to access their property that may still be in their apartment.

Raising Rent

Legally a landlord may only raise a tenant's rent once in every 12 months. There is an annual guideline increase and the Landlord can not charge above this increase without applying to the Landlord and Tenant Board and serving notice to the tenant.

Tenant Protection

Keep copies of all records this is proof if you ever need to defend yourself at the Landlord and Tenant Board or if you need to make a case against an unscrupulous landlord who for example won't make repairs when asked. For any issues the first step is to approach the landlord and make a request. Then follow up with a polite letter, one that might be read at the Board by the person deciding your case. You do not want to come across as anything other than professional simply requesting your rights and do include that you discussed it on a specific day if you did. Contact the City Building Inspector and request they come and look at the problem, often they will request a copy of the letter you sent to the landlord. The Building Inspector doesn't want to be the first point of contact; i.e. you didn't mention it to the landlord so have a copy of your letter to your landlord. Request a copy of the Inspector's report for your records if it gets as far as the Landlord and Tenant Board this is proof of your case. It's necessary.

The Landlord and Tenant Board's website provides more information for Tenants. Know your rights and responsibilities and most important in the case of an eviction or serious problems with the landlord obtaining legal advice is critical.