August 28th, 2018
As of January 2018, Ontario's Residential Tenancies Act (RTA) saw some important changes that will affect both landlords and tenants in the eyes of the law. Today, we’ll look at six of those changes, all put in place to protect tenants from arbitrary rent increases and landlords from damage.
These new rules pertain to rent increases above the established guideline, damages to rental units, ending a tenancy, bad faith, and more. Let's get into it!
1. Landlords cannot apply for a rent increase citing the “increased cost of hydro” as they used to.
2. The Landlord and Tenant Board (LTB) is allowed to deny an application for a rent increase if a landlord has not obeyed an order to fix an elevator.
3. If any tenant refuses or does not agree to pay for damages they have caused to the rental unit (as per a mediated order or agreement) landlords are able to get an order that both terminates the tenancy and requires the tenant to pay for the unpaid damages. See section 78 of the RTA.
4. After a landlord serves an N5 notice (Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding), they are able to serve a second, non-voidable N5 notice between 7 days and six months after the first notice if the behaviour has not been corrected or paid for.
5. If a landlord doesn’t let a former tenant move back to their property after they ended their tenancy to repair or convert the unit (N13 notice), the tenant is now able to request compensation for moving costs, higher rent or any other costs related to being denied the housing unit. The landlord is seen to be evicting in “bad faith” and can be challenged with the T5 notice. See RTA section 57.1.
6. The definition of “supportive housing” has changed this year. Supportive housing is now exempt from the RTA (see section 5.1).
All of the forms available through the LTB have been reviewed and updated to reflect the changes noted above. Older versions of the forms discussed are no longer valid, and as a landlord, it’s up to you to stay up to date!