If you have decided to invest on or own a property, or you already did and you are now a landlord, you may need the advice on how to work under the Ontario’s real industry. So knowing the rules and regulations before filing a case in small claims court can be essential for you. Here are some common legal mistakes landlords make:
- Disregarding the rights of tenants
- Ignoring the rules of eviction
- Not providing a safe condition for their tenants
- Using illegal provisions in a rental contract
- Not making any disclosures to prospective clients
- Raising the rent illegally
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The landlords who are committing such mistakes can be faced with the risk of hefty fines and loses, jail time and probably the fall of their business. The Residential Tenancies Act 2006 in Ontario governs the rights as well as the obligations and various aspects regarding the relationship between the landlord and the tenant. This is an inclusive guide about significant issues relating to landlords and tenants which can be of great help to you. Consulting a paralegal Toronto expert in order to get more information can be essential.
Rental agreement is another name for lease or tenancy agreement. In fact this is a legal agreement between the landlord and the tenant in which both agree to pay a specific amount for the right to live in a specific place. Before 2017, both parties of a tenancy agreement could write their own versions of the contract. But nowadays and after a reform, the Canadian government decides to present a standard form of the lease. This decision became practical on April 30th 2018. The tenancies which enter into on this day or after that must use this form. It should be mentioned that some special situations such as if you are renting a unit in a care home e.g. a retirement home, specific social or supportive house, or a mobile home community, have been exempted from this requirement.
One of the significant aspects of this new lease template is that it is written in a simple language with the least legal jargon so that it is understandable for everyone. Some of the details of this lease are the amount of rent, the due date, things that are included in the rent such as parking or air conditioning, rules concerning the use of rental property, and responsibilities of both landlords and tenants.
Rights and Responsibilities
According to Ontario’s Landlord Tenant Act, the landlord and the tenant have specific rights and responsibilities. A landlord must provide the tenant a copy of the Landlord and Tenant Board (LTB) brochure which contains information about both sides’ roles, rights and responsibilities, and how to contact them. The landlord can visit LTB offices or their service centers in order to obtain a copy or s/he can print it online. Some of the landlord’s rights are to set the rental amount, ask for personal information, collecting rent deposit as well as the key deposit, changing the locks, and adjusting the rent. On the other hand the landlord’s responsibilities are the maintenance and repairmen of the property, meeting the heating requirements, giving a tenancy agreement to the tenant, and entering the property without notice just in special cases such as fire, flood, or other emergencies.