Many landlords don’t know if there is a minor error in a notice of termination form, the Landlord and Tenant Board must refuse to grant an eviction.
Are you aware that section 83 of the Residential Tenancies Act gives many defenses to a tenant at a hearing of any application where a landlord is seeking an eviction? When these issues are raised, the Landlord and Tenant Board must consider delaying or denying an eviction.
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Representation in the Landlord and Tenant Board can be difficult, confusing, and frustrating. You need an experienced licensed paralegal on your side who knows the Residential Tenancies Act, the Board’s rules, guidelines, forms, and the applicable case law.
Too often, landlords come to us only after the Landlord and Tenant Board has dismissed their application for a technical reason.
If the first notice given to the tenant for non-payment of rent, called an N4, is defective the application will be dismissed. The N4 can be defective due to not using a form in substantial compliance with the act (See: section 185 of the Act), failing to properly serve the tenant(s), failing to properly calculate the termination date, or adding utilizes to the calculations of unpaid rent.
Notices to tenants such as an N5 must contain sufficient details and dates. If the Notice of Termination is confusing to the degree that a reasonable person could not understand precisely what it means, it could be found to be defective and dismissed See: Ball v. Metro Capital Property (Div. Ct.)
Most small landlords don’t know that even if they prove their eviction application, the board may still delay or deny an eviction due to section 83 of the Residential Tenancies Act.
A tenancy can only be terminated by a landlord or a tenant with proper written notice as set out in the act, by written consent of the landlord and tenant, or by an order of the board.
What documents and witnesses does the applicant need to prove their case at a hearing? This is different for ever case. Each type of application, whether brought by a Landlord or a tenant requires different proof.
You need an experienced licensed paralegal to represent you at the Landlord and Tenant Board. Civil Litigations knows what is needed to win your case.
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A decision of the board can mean an eviction order or not, a judgment for money or not, and in the case of some tenant applications, a fine to be paid by the landlord to the board or not.
I am sure you are very good at your job. How well would I do trying to do your job for the first time without the proper education or experience?
Can a tenant sign a lease containing which contains things contrary to the act?
They can however section 3(1) of the Residential Tenancies Act states:
“3. (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1)”.
Unlike in court, unless there is a special order made there is no requirement to file a Dispute or a Defence form. Often the applicant whether it is a landlord or tenant has no idea what defence will be raised.
Section 82 allows a tenant to raise any issue in defence in a non-payment of rent application which they could have been part of a rent application. The most common section 82 issues raised by a tenant at a hearing are that the landlord or the landlord’s agent has interfered with the tenant’s reasonable enjoyment of the premises, or the tenant raises maintenance issues.
Section 83 requires the board to consider on every eviction application whether to refuse to grant an eviction order unless satisfied, having regard to all the circumstances,that it would be unfair to refuse; or to postpone the time for an eviction.
The Board in determining whether to refuse an eviction or delay an eviction under section 83 it can consider, but is not limited to looking at:
- “Whether the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement;
- the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards;
- the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;
- the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; or
- the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.”
A tenant can even raise issues under the Ontario Human Rights Code.
Whether you are a landlord or a tenant you need an experienced licensed paralegal to be able to properly assess and present the law and facts to the Board. You need an expert on your side.
A lot of cases are decided not based on the documents or verbal evidence of witness, but based on the law. Law can take the form of statute law; pleading sections of the Residential Tenancies Act or the Human Rights Code. Law can also be based on decisions of the courts or the board on cases of similar facts. This is called case law. Cases decided by the higher courts (Superior Court of Justice, Divisional Court, the Appeals Court of Ontario, or the Supreme Court of Canada) on the exact same issue are binding on the Board.
It can also be useful to rely on cases previously decided by the Landlord and Tenant Board on the same issue. The board may follow the same logic; however another decision of the Board is not binding.