Housing Law Flashcards

You may prefer our related Brainscape-certified flashcards:
1
Q

How do rent increases work?

How much can your landlord charge for rent?

What are the notice requirements for raising rent?

How often can rent be raised and by how much?

A

Landlords can usually charge any amount of rent when you
first move in. Whatever you and the landlord agree on.

After you move in, your landlord must wait at least 12 months before raising your rent. And any increases after that must also be 12 months apart.

In most cases, your landlord can only raise your rent by a
percentage called the guideline. The guideline is set by the provincial government every year. For the year 2023, the
guideline is 2.5%.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When do the provincial guidelines apply?

A

The guideline amount does not apply to:

● a building or new addition that had no one living in it
on or before November 15, 2018

● a self-contained apartment created after November 15,
2018, in a house that contained no more than two units
on or before that date, if:
● the owner lived in the house at the time the
apartment was first lived in, or
● the apartment was created in previously unfinished
space

In these units, the landlord can normally increase the rent by
any amount they choose. But the 12-month and 90-day rules
still apply

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Even when the guidline applies can landlords increase rent more then the guideline?

A

Can my landlord increase my rent above the
guideline?
Your landlord can apply to the LTB for permission to raise the rent by more than the guideline. Your landlord still must wait 12 months between increases and give 90 days’ written notice. This kind of rent increase is sometimes called an above guideline increase or AGI.

The LTB will have a hearing to decide.

The LTB can allow an increase of up to 3% above the guideline for up to 3 years in a row for the cost of security services or for capital expenses.

Capital expenses are major repairs, renovations, replacements, or additions that will last at least 5 years and are not part of normal ongoing maintenance.

The LTB can also allow any amount of rent increase if there are very large increases in municipal taxes and charges.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What if I think that I paid an illegal rent increase?

A

You can apply the LTB to get your money back at
tribunalsontario.ca/ltb. You must apply within one year of the date that your landlord first charged you the illegal rent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Rentals not protected by the RTA also aren’t subject to the rules of rent increases. What are some common examples?

A

But some rental housing is not protected by the RTA. For example, you might not be protected if you live in seasonal housing, rent from another tenant, or you must share a kitchen or bathroom with your landlord or their close family members.

If you are not protected by the RTA, your landlord can raise your rent as much as they want and whenever they want, unless your rental agreement says they cannot.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What steps can you take if your landlord refuses to let you assign the unit?

A

If your landlord refuses There might be steps you can take.

Your landlord can refuse to let you assign to a particular person if there is a good reason. For example, if the person caused problems for a landlord in the past, such as damaging property or not paying rent.

If your landlord won’t let you assign at all or does not give you an answer within 7 days, you can move out with 30 days’ notice.

To do this, give your landlord a Tenant’s Notice to End the Tenancy (Form N9) no later than 30 days after you asked for permission to assign. In this situation, the usual rules about the timing of your notice do not apply. You can choose any termination date, as long as it is at least 30 days after the day you give your landlord the notice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is assignment? And what are your responsibilities after it is assigned?

A

Another legal way to move out early is to assign your place to a new tenant.

Assigning means that the new tenant replaces you and takes over your rental agreement. The amount of rent and all other details of the agreement stay the same. You are not responsible if the new tenant causes damage or owes rent. But when you assign, you do not have the right to move back in later.

You must ask your landlord for permission to assign. It is best to ask in writing and keep a copy of your request. Your landlord must answer within 7 days.

If your landlord agrees to let you assign, they are allowed to charge you a fee. The fee can’t be more than your landlord had to spend on things like a credit check, and advertising if the landlord found the new tenant.

You might not have a right to assign if you live in

subsidized housing
a superintendent’s unit
housing provided by a school where you work or are a student

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Reno-victions: What is required for a reno-viction?

How much notice is required and what form of notice?

A

50 (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to,
(a) demolish it;
(b) convert it to use for a purpose other than residential premises; or
(c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit. 2006, c. 17, s. 50 (1).

Can I fight the notice to move out?
Yes. The landlord cannot force you out or start the work unless they get an eviction order from the LTB.

Some reasons you might want to challenge the notice are:
* You do not believe your landlord is really going to do the
work they say they are planning.
* The work can be done without you moving out.
* Your landlord will not be able to get a building permit.
* The work does not require a building permit.

If your landlord says you have to
move out for this reason, they must give you at least 120 days’ notice on a Landlord and Tenant Board (LTB) Form N13.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What rights do you have if you recieved a notice of a reno-viction?

A

a) The landlord cannot force you out or start the work unless they get an eviction order from the LTB.
b) Right of first refusal: If you decide to move out or you are evicted by the Landlord and Tenant Board (LTB), you have the right to move back in once the work is finished. This is sometimes called the “right of first refusal”.
To have this right of first refusal, you must tell the landlord in writing before you move out that you want to move back in when the work is done. You must also give your landlord your new address in writing and any change of address after that. You should send these documents by registered mail and keep
a copy. You can only send these documents by email if your landlord has said in writing that you can communicate this way. Landlord in turn must notify the tenant of the expected day of completion
c) compensation - I’ve added to another slide. When the building has 5 residential units or more and: you want to move back in, your landlord must pay you
the rent for the time it takes to complete the work, up to
3 months.
If you: you do not want to move back in, your landlord must pay you 3 months’ rent or offer you another unit that is acceptable to you.
If the building has fewer than 5 residential units, the same rules apply but the most the landlord has to pay you is one month’s rent.

d) s. 53 (3) A tenant who exercises a right of first refusal may reoccupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant’s tenancy. 2006, c. 17, s. 53 (3).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are my rights if my landlord does not let me
move back in?

A

You might be able to get more compensation by applying to the Landlord and Tenant Board (LTB). You must apply within two years after the day you moved out.

he LTB can order the landlord to pay:
* your moving costs
* “general compensation” up to the value of your last year
of rent
* the difference in rent for up to one year
* a fine to the government

And if the place has not yet been rented to someone else, the LTB can order your landlord to let you move back in.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

If you are being evicted because a landlord, a family member or caregiver, or purchaser wants to move in - what form of notice is required and how much notice?

A

Form N12

at least 60 days

s. 48(1)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Who of the landlord or Purchasers family could require the unit and for how long for there to be an eviction?

A

48 (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,

(a) the landlord;

(b) the landlord’s spouse;

(c) a child or parent of the landlord or the landlord’s spouse; or

(d) a person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located. 2006, c. 17, s. 48 (1); 2017, c. 13, s. 7 (1); 2021, c. 4, Sched. 11, s. 31 (1).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is a form N11?

A

A Form N11 is an agreement to end your tenancy. Your landlord can ask you to sign one but you should only sign if you want to.

It is a good idea to wait for your landlord to give you a Form N12 instead of signing a Form N11. If you sign the Form N11, you
might not get the compensation the law requires for Form N12 notices. And you might not be able to file a complaint with the LTB if the person never moves in.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

For an eviction for a landlord, family or caregiver to move in, do you receive compensation?

A

Yes. The person who gave the notice must:

● pay you one month’s rent, or
● offer you another unit that is acceptable to you.

They must give you this compensation no later than the termination date on the form.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

How much days notice if you owe rent?

A

14 days (but 7 days
if you pay your rent
weekly or daily)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How many days notice min if you often paid your rent late?

A

60 days (but
28 days if you pay
your rent weekly or
daily)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

How much notice if you broke the
law or ran an
illegal business,
caused damage by
being careless, or
disturbed others?

A

● 20 days the first
time
● 14 days if it is the
second notice within
6 months

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How much notice if you you seriously risked the safety of others in the building, or were making or selling an illegal
drug?

A

10 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

How much notice if your landlord or
their family member
or a caregiver wants
to move into your
unit and live there
for at least one year?

A

60 days

20
Q

How much notice if your landlord wants to tear down the building or use it for something else?

A

120 days

21
Q

How much notice must landlord give for notice of termination of rent and what is the content of that notice?

Can tennant void notice?

A

Non-payment of rent
59 (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than,
(a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and
(b) the 14th day after the notice is given, in all other cases. 2006, c. 17, s. 59 (1).

Contents of notice
(2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2006, c. 17, s. 59 (2).

Notice void if rent paid
(3) The notice of termination is void if, before the day the landlord applies to the Board for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays,
(a) the rent that is in arrears under the tenancy agreement; and
(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given. 2006, c. 17, s. 59 (3).

22
Q

Misrep of income. What is the consequence and how many days notice?

A

Termination for cause, misrepresentation of income
60 (1) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 2, 3 or 4 of subsection 7 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her household. 2006, c. 17, s. 60 (1); 2013, c. 3, s. 26.

Notice
(2) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than the 20th day after the notice is given. 2006, c. 17, s. 60 (2).

23
Q

Undue damage to the unit. How much notice and how can it be voided?

A

Termination for cause, damage
62 (1) A landlord may give a tenant notice of termination of the tenancy if the tenant, another occupant of the rental unit or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex. 2006, c. 17, s. 62 (1).

Notice
(2) A notice of termination under this section shall,
(a) provide a termination date not earlier than the 20th day after the notice is given;
(b) set out the grounds for termination; and

(c) require the tenant, within seven days,
(i) to repair the damaged property or pay to the landlord the reasonable costs of repairing the damaged property, or
(ii) to replace the damaged property or pay to the landlord the reasonable costs of replacing the damaged property, if it is not reasonable to repair the damaged property. 2006, c. 17, s. 62 (2).

Notice void if tenant complies
(3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, complies with the requirement referred to in clause (2) (c) or makes arrangements satisfactory to the landlord to comply with that requirement. 2006, c. 17, s. 62 (3).

24
Q

Reasonable enjoyment or interference with right. How much notice and how can it be voided?

A

Termination for cause, reasonable enjoyment
64 (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant. 2006, c. 17, s. 64 (1).
Notice
(2) A notice of termination under subsection (1) shall,
(a) provide a termination date not earlier than the 20th day after the notice is given;
(b) set out the grounds for termination; and
(c) require the tenant, within seven days, to stop the conduct or activity or correct the omission set out in the notice. 2006, c. 17, s. 64 (2).
Notice void if tenant complies
(3) The notice of termination under subsection (1) is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission. 2006, c. 17, s. 64 (3).

25
Q

Serious impairment of health or safety. Is it a ground of eviction and if so how much notice? Can it be voided?

A

66 (1) A landlord may give a tenant notice of termination of the tenancy if,
(a) an act or omission of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant seriously impairs or has seriously impaired the safety of any person; and
(b) the act or omission occurs in the residential complex. 2006, c. 17, s. 66 (1).
Same
(2) A notice of termination under this section shall provide a termination date not earlier than the 10th day after the notice is given and shall set out the grounds for termination. 2006, c. 17, s. 66 (2).

26
Q

When can the landlord apply to the LTB for an eviction without notice?

A

Agreement to terminate, tenant’s notice
77 (1) A landlord may, without notice to the tenant, apply to the Board for an order terminating a tenancy and evicting the tenant if,
(a) the landlord and tenant have entered into an agreement to terminate the tenancy; or
(b) the tenant has given the landlord notice of termination of the tenancy. 2006, c. 17, s. 77 (1).

This happens where the tennant agrees to leave and doesn’t or applies gives notice that he is leaving and doesn’t

Tenant doesn’t move after saying they will

27
Q

When does the RTA not apply?

If the RTA applies what party can evict a tenant?

A

If the RTA protects the Tenancy only the local sheriff can evict the tenant with an order from the LTB

s. 5

(a) living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home;

(b) living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm;

(c) living accommodation that is a member unit of a non-profit housing co-operative, except for Part V.1, and except for those provisions in other Parts that are needed to give effect to Part V.1;

(d) living accommodation occupied by a person for penal or correctional purposes;

(e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Fixing Long-Term Care Act, 2021, the Ministry of Correctional Services Act or the Child, Youth and Family Services Act, 2017

(f) short-term living accommodation provided as emergency shelter;

(g) living accommodation provided by an educational institution to its students or staff where,

(i) the living accommodation is provided primarily to persons under the age of majority, or all major questions related to the living accommodation are decided after consultation with a council or association representing the residents, and

(ii) the living accommodation does not have its own self-contained bathroom and kitchen facilities or is not intended for year-round occupancy by full-time students or staff and members of their households;

(h) living accommodation located in a building or project used in whole or in part for non-residential purposes if the occupancy of the living accommodation is conditional upon the occupant continuing to be an employee of or perform services related to a business or enterprise carried out in the building or project;

(i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;

(j) premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes is under a single lease and the same person occupies the premises and the living accommodation;

(k) living accommodation occupied by a person for the purpose of receiving rehabilitative or therapeutic services agreed upon by the person and the provider of the living accommodation, where,

(i) the parties have agreed that,

(A) the period of occupancy will be of a specified duration, or

(B) the occupancy will terminate when the objectives of the services have been met or will not be met, and

(ii) the living accommodation is intended to be provided for no more than a one-year period;

(l) living accommodation in a care home occupied by a person for the purpose of receiving short-term respite care;

(m) living accommodation in a residential complex in which the Crown in right of Ontario has an interest if,

(i) the living accommodation or residential complex was forfeited to the Crown in right of Ontario under any Ontario statute or the Criminal Code (Canada),

(ii) possession of the living accommodation or residential complex has been or may be taken in the name of the Crown in right of Ontario under the Escheats Act, 2015, or

(iii) the living accommodation or residential complex is forfeited corporate property to which the Forfeited Corporate Property Act, 2015 applies; and

(n) any other prescribed class of accommodation.

28
Q

When can a landlord take your things?

What can they do with them?

Three situations, absconded, eviction, agreed upon termination of lease

A

If you leave things behind when you move, your
landlord can sell them, keep them, or throw them away.
This includes furniture, cars, appliances, clothing, food,
or anything else you leave behind. It even includes a
mobile home or land lease home.
This applies if:
● you move out after giving notice, after your
landlord gave you notice, or after you made an
agreement with your landlord to move out,
● you are evicted by an order of the Landlord and
Tenant Board, or
● you move without any notice or agreement.

If you move out:
● after you give your landlord a written notice to
end your tenancy,
● after your landlord gives you a written notice to
end your tenancy, or
● after you and your landlord agree to end your
tenancy,
then your landlord can immediately keep, sell, or
throw out anything you leave behind.

If the Landlord and Tenant Board makes an eviction
order against you, you have 72 hours after the Sheriff
evicts you to get your belongings. During this 72-hour
period, your landlord must keep your things safe in
your place or nearby, and must let you get them any
time between 8 a.m. and 8 p.m.

If your landlord thinks you have abandoned your place,
your landlord cannot just take your things. First, your
landlord must either:
● apply to the Landlord and Tenant Board (LTB) for
an order ending your tenancy, or
● give a notice, to both you and the LTB, stating
that your landlord plans to get rid of your
belongings in 30 days. Your landlord does not
have to give you this notice in person but can
leave it at your apartment.

If you contact your landlord within the 30 days and
say that you want to pick up your things, your landlord must let you in to pick them up at a reasonable time. Your landlord must store them in your place or nearby.

If you owed any rent when you left, your landlord can make you pay the overdue rent, plus the cost of moving and storing your belongings. If you do not pay the money within the 30 days, you lose your right to get your things back. Remember, this is legal only if you have abandoned your place and your landlord has taken one of the steps mentioned above.

In any other situation your landlord cannot take your things just because you owe rent.

If your landlord sells your things after the 30 days,
your landlord can keep enough money from the sale to cover any unpaid rent and expenses. If there is any money left over, you can claim it by contacting your
landlord within 6 months from the day:
● the LTB made its order, or
● your landlord gave you the notice about getting
rid of your things.

29
Q

How to be an ally?

A

1) Is patient listening rather than speaking
2) compassionate/empathy or understanding - imagining yourself in their shows
3) developing knowledge/context of social history - especially specifically in indigenous contexts
4) anti-oppression training
5) knowledge of own privilege - and what you can’t understand

30
Q

Why I want to be in the clinic system?

A

Predominately, what I liked doing as a Crown was working with vulnerable people. My strength as an advocate is in my listening, patience and emotional intelligence. When I was a Crown my work felt most meaningful when I was one on one with an accused person or victim, spoke with them about their problems and how to fix them. It felt like genuine meaningful assistance and that I was actually effecting change in my community. I found it fulfilling in a way that none of my other work felt fulfilling. It was only part of my work as a Crown and was not the main part, which I wanted to do. A long way of saying I want to do direct community work

-Along those same lines - I want to work in the public interest with an anti-oppressions framework and it is abundantly clear the clinic system is one of the best ways to do that. Not many other good options - to work directly with vulnerable people in the public interest with an anti-oppression lenses. Hard to get out of bed to do work that is not in the public interest, three generations of my family were civil servants doing some form of public interest work

To work in housing because it is the nexus of all sorts of different types of vulnerabilities and discrimination, and exploitation. It is an area that you could expect to have a high impact in terms of public education, advocacy and outreach.

Some longer contracts - at least compared to being a Crown lol

31
Q

Anti-Racism Anti-Oppression Framework. Where is it from. What is anti opression?

A

committed to ensuring full access, fairness and equity within our organization’s systems, structures, programs, and practices for all our stakeholders.

Valuing and recognizing the social, cultural, racial, sexual, religious, gender and linguistic diversity of HCLC stakeholders.
Recognizing, acknowledging, and critically engaging the issues of racism and other oppressions that create lack of access, equity and participation for traditionally marginalized communities that include our stakeholders.

Understanding that as multi-dimensional individuals, human beings are not single-issue identities. Stakeholders are an intersection of various identities and therefore can experience intersectional oppression that cannot be addressed in isolation. Any struggle or effort against oppression must recognize and address the complex interlocking of these oppressions.

Recognizing that oppressive acts and mechanisms within the Clinic can prevent our stakeholders from engaging in ways that fully reflect their abilities, experiences, and contributions. We recognize that such barriers can limit not only their contributions, but also their potential to engage within HCLC at all levels, particularly at the levels of leadership and decision-making.

32
Q

Features of the Community Legal Clinic of York Region

A

-Largest catchment population of the 71 LAO legal clinics and the lowest per-capita funding of those clinics

-The catchment area is also very spread out and has distinct, diverse, culturally distinct, populations. For example, Markham and Richmond Hill have large cantonize and Farshi speaking communities, whereas Vaughan has a large Italian community and Georgina which is more rural and has an indigenous population. These communities have had very different experiences historically and it wouldn’t be possible to engage with them in the same way

-York region Action on Poverty Profile and York Region Food Bank: However, while some of the cities and towns in York Region may be considered prosperous, small pockets of rising affluence are concealing areas of deepening poverty. According to the 2021 Census Report, 8.8% of households in York Region were living on low income.
-York region has some of the most affluent Ontarians, but its reputation conceals deepening poverty

Making ends meat report: Low and moderate income population represent
a significant portion of York Region’s residents (one in eight residents are in a low income household). - a majority of these peopel have a post-secondary education and are working

33
Q

What does Housing look like in York Reigion?

A

-York Region misses housing affordability and rental housing targets for 5th straight year
-Housing solutions report from 2022 indicates approx 1200 ppl at risk of homelessness who had been housed for at least 6 months - about 202 people experiencing chronic homelessness
-rent has increased at least every year since 2019
-Almost 2K housholds accessing or using accessing homelessness prevention services

34
Q

What are some of the trends in housing per the 2022 the Community legal clinic of York region?

A
  • york region rapid growth has been accomodated by LOW DENSITY suburban development, which has fulled significant increase in housing cost and rent

-in Making ends meet a dated stat stated they on average people paid more than 30% of their income on Rent. (from 2006).

-The reality is that approximately 76 per cent of the total households in York Region that paid 30
per cent or more (above affordability threshold) of their income on shelter had incomes of less than $61,000.31
This suggests that this is not a case of residents freely over-consuming housing but rather a case of low and moderate income households being forced into housing they cannot afford.

Increase of attempted legal and illegal evictions, to low income tenants in the community

-post-covid rental market, combined with rising inflation and rising rent

-There has been a rise in L2 evictions with suspect good faith and N12 Landlords own use applications

-Increase in illegal eviction attempts, landlords misrepresenting tenant’s rights, and pushing agreements to terminate on clients

I noticed the most cases opened by people in any area of the legal clinic were renters

Making ends meet report:

35
Q

What is?

N4?
N5?
N6?
N7?
N8?
N9?
N11?
N12?
N15 ?

A

N4- non-payment of rent

N5- notice to end tenancy for interfering with otherds, damage or overcrowding

N6 - Notice to end you tenancy for illegal acts or misrepresentation of income in a rent geared income rental unity

N7 - notice to end tenancy for causing serious problems in rentel unitt or residential complex

n8: notice to end your tenancy at the end of the term

N9 - N9: Tenant’s Notice to End the Tenancy

N11 - agreement to end tenancy

N12: Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit

N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use

N15-notice to end tennacy because of physical, or psychological, sexual or domestic violence

36
Q

What is a T5?

A

T5 is a tennant application that landlord gave notice in bad faith

37
Q

s. 78 - What is it and what is creating a problem for tenants?

A

78 (1) A landlord may, without notice to the tenant, apply to the Board for an order terminating a tenancy or evicting the tenant if the following criteria are satisfied:

  1. The landlord previously applied to the Board for an order terminating the tenancy or evicting the tenant.
  2. A settlement agreed to under section 194 or order made with respect to the previous application,

i. imposed conditions on the tenant that, if not met by the tenant, would give rise to the same grounds for terminating the tenancy as were claimed in the previous application, and

ii. provided that the landlord could apply under this section if the tenant did not meet one or more of the conditions described in subparagraph i.

  1. The tenant has not met one or more of the conditions described in subparagraph 2 i. 2006, c. 17, s. 78 (1); 2020, c. 16, Sched. 4, s. 15 (1).

(2) The landlord shall include with the application a copy of the settlement or order and an affidavit setting out what conditions of the settlement or order have not been met and how they have not been met. 2006, c. 17, s. 78 (2).

38
Q

When could an eviction order be effective?

A

Effective date of order
80 (1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Board for an order evicting the tenant, the order of the Board evicting the tenant may not be effective earlier than the date of termination set out in the notice. 2006, c. 17, s. 80 (1).

Exception, notice under s. 63 or 66
(2) Despite subsection (1), an order evicting a tenant may provide that it is effective on a date specified in the order that is earlier than the date of termination set out in the notice of termination if,

(a) the order is made on an application under section 69 based on a notice of termination under clause 63 (1) (a) and the Board determines that the damage caused was significantly greater than the damage that was required by that clause in order to give the notice of termination; or

(b) the order is made on an application under section 69 based on a notice of termination under clause 63 (1) (b) or subsection 66 (1). 2006, c. 17, s. 80 (2).

39
Q

Can tenants raise an issue at LTB during eviction hearing

A

Tenant issues
82 (1) At a hearing of an application by a landlord under section 69 for an order terminating a tenancy and evicting a tenant based on a notice of termination under section 59, the Board shall permit the tenant to raise any issue that could be the subject of an application made by the tenant under this Act if the tenant,

(a) complies with the requirements set out in subsection (2); or

(b) provides an explanation satisfactory to the Board explaining why the tenant could not comply with the requirements set out in subsection (2). 2020, c. 16, Sched. 4, s. 16.

Requirements to be met by tenant
(2) The requirements referred to in subsection (1) are the following:

  1. The tenant shall give advance notice to the landlord of the tenant’s intent to raise the issue at the hearing.
  2. The notice shall be given within the time set out in the Rules.
  3. The notice shall be given in writing and shall comply with the Rules. 2020, c. 16, Sched. 4, s. 16.

Orders
(3) If a tenant raises an issue under subsection (1), the Board may make any order in respect of the issue that it could have made had the tenant made an application under this Act. 2020, c. 16, Sched. 4, s. 16.

40
Q

What are landlords not allowed to do?

A
  1. change the locks
  2. acceleration causes that make all the rent suddenly do
  3. prohibit pets
  4. interfere with reasonable enjoyment of the until
  5. May only enter without notice upon consent or emergency
41
Q

What is landlord’s responsiblity re repair?

A

Landlord’s responsibility to repair
20 (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. 2006, c. 17, s. 20 (1).

Same
(2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement. 2006, c. 17, s. 20 (2).

Landlord’s responsibility re services
21 (1) A landlord shall not at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food. 2006, c. 17, s. 21 (1).

42
Q

When is notice of termniation void?

A

When notice void
(4) A tenant’s notice to terminate a tenancy is void if it is given,

(a) at the time the tenancy agreement is entered into; or

(b) as a condition of entering into the tenancy agreement. 2006, c. 17, s. 37 (4).

When agreement void
(5) An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into,

(a) at the time the tenancy agreement is entered into; or

(b) as a condition of entering into the tenancy agreement. 2006, c. 17, s. 37 (5).

43
Q

What type of notice constitutes notice?

A

Notice of termination
43 (1) Where this Act permits a landlord or tenant to give a notice of termination, the notice shall be in a form approved by the Board and shall,

(a) identify the rental unit for which the notice is given;

(b) state the date on which the tenancy is to terminate; and

(c) be signed by the person giving the notice, or the person’s agent. 2006, c. 17, s. 43 (1).

44
Q

non-profit housing co-op basises for termination of rent and notice required

A
  1. Non-payment of regular monthly housing charges - 14 days notice, may be voided by paying before termination date
  2. Misrep of income - 20 days notice
    3.illegal act 20 days notice, 10 days notice - for illegal drugs production or trafficking
  3. damage 20 days, voided if repaired in 7, extebsuve danage 10 days and cant be voided
    5) interfering with reasonable enjoyment - 20 days notice, can be voided within 7 days
    6) too many occupants - 20 days, 7 days void
45
Q

when co-op housing boards can terminate without notice

A

Application to Board, without notice, based on member’s withdrawal, consent or notice
94.10 (1) A co-operative may, without notice to the member, apply to the Board for an order terminating the member’s occupancy of a member unit and evicting the member in any of the following circumstances:

  1. The member gave written notice of his or her intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act and the member has not withdrawn the notice under that section.
  2. The member has consented in writing to the expiry of his or her membership and occupancy rights under subsection 171.9 (1) of the Co-operative Corporations Act.
  3. The member has not given a written notice under paragraph 1 of subsection 171.9 (3) of the Co-operative Corporations Act that he or she wishes to continue his or her membership and occupancy rights.
  4. The member gave notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act. 2013, c. 3, s. 31.

Affidavit

46
Q

How to be an anti-oppressively and anti-racist lawyer?

A

Anti-Racism Anti-Oppression Policy - Hamilton Legal clinic’s policy

-forms of oppression are systemically embedded in the dominant culture and social institutions of Canadian society, creating a legacy of systemic power and privilege for specific groups at the expense of others.

-To recognize those systemic barriers and inaccessiblity of services requires listening to those groups, as those barriers may be invisible to us

-people are intersectional an intersection of various identities and therefore can experience intersectional oppression that cannot be addressed in isolation.

-oppressive acts and mechanisms would limit the impact of the my advocacy, the clinic, and accessibility of services

  • engaging members of marginalized groups as agents of change and not passive recipents of help

-approach that builds on the strengths and skills of Clinic stakeholders, re community

-Anti-Oppressive Practice also aims to help those who engage in it to improve their skills in critical consciousness. Critical consciousness is the combination of critical action and reflection (Aqil et al., 2021).