How to Effectively Handle Legal Matters When Tenant Problems Affect Landlords
Most tenants are law-abiding citizens that accept the landlord’s tenancy rules, respect other tenant’s rights and pay their rent on time. Although most tenants fit into this category, it costs Ontario landlords millions of dollars each year to deal with tenancy disputes and problem tenants.
Disputes between landlords and tenants are resolved through The Landlord and Tenant Board. The Landlord and Tenant Board administers the Residential Tenancies Act, 2006 (the Act). This law sets out the rights and responsibilities of landlords and tenants who rent residential properties.
When tenant problems arise and cannot be resolved the landlord must serve a Notice of Termination to the tenant with an explanation.
If the tenant does not rectify the problem within the designated time stated in the notice the landlord must file an application to terminate the tenancy with the Board. The matter will be presented to a judicator who will listen to what each party has to say prior to making a decision.
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If an eviction order is issued, it states the date the tenant must vacate the unit. If the tenant does not, then the landlord must file the order with the Court Enforcement Office (Sheriff). This is the final process of the eviction order.
In order to expedite a quick eviction the landlord’s legal representative must know the law and follow all steps in the filing process and provide accurate evidence to the board.
If the process is not executed precisely, the landlord will have to start over from the beginning losing further valuable time and money.
We offer these legal services to our management clients in association with licensed paralegals.
When can a landlord enter a tenant’s apartment?
Before entering your apartment the landlord or their employee must give 24 hours written notice of entry giving a reason as well as a time (the time must be between 8 a.m. and 8 p.m.). Formerly even under the Tenant Protection Act, the landlord had to have a good reason to come in, such as to make necessary repairs, but now under the Residential Tenancies Act, they can claim it is just to do an inspection. No notice is necessary in cases of emergencies, if you give the landlord permission to do so, or in cases where a notice to terminate the lease (by either the tenant or landlord) has been given.
