Is your tenant trying to change the method of payment you had previously agreed upon? Or is your tenant refusing to pay for repairs done to the rental property they damaged?
Is your landlord negligent in keeping the rental property well-maintained? Are you still paying the same rent amount even if the municipal property tax is lower than the prescribed percentage?
The Residential Tenancies Act
If the circumstances mentioned above are true for you or someone that you know, then there has been a violation of the Residential Tenancies Act. Also known as the Landlord Tenant Act, the law provides the legal rights and responsibilities of landlords and tenants in Ontario. Almost 30% of the population in Ontario live in rental units like apartments, houses, or rooms/boarding houses and the stipulations of the Act, among others, serve to guide the Landlord and Tenant Board in resolving disagreements between tenants and landlords.
Landlord and Tenant Board
Any landlord or tenant who believes that they were wronged by the other can reach out to the Landlord and Tenant Board. The LTB will try to solve the case through mediation and adjudication. However, the process may not go as smoothly as it seems, especially if notices are filed incorrectly.
Various Laws
Aside from the facts and evidence presented, the LTB may refer to several laws when deciding on the merits of a case. A lot of people are familiar with statute law of which the Residential Tenancies Act (RTA) is one example. Not a lot are aware that board adjudicators can also refer to case laws which are the decisions made by the three levels of appeals courts in real-life cases. In some instances, board adjudicators would interpret a statute about how a court applied the same to a previous case.
How we can help
Filing a case against your tenant or landlord can be costly from the get-go, but did you know that it can get even more expensive when mistakes occur? Not only that but small details like filling out a notice of termination incorrectly can result in you losing your case. It might sound cost-effective to represent yourself, but is it worth the risk?
At Civil Litigation, our paralegals can make sure that the required documentation for your case is prepared and served correctly as well as ensure that you are represented well at your hearing. Our dedicated paralegals are always working hard to keep abreast with the various laws in Ontario such as the Landlord Tenant Act and the legal system so that we can serve our clients efficiently and effectively. We study many important cases, especially those that are relevant to our clients’ cases, to make compelling arguments to the board adjudicator.
The Residential Tenancies Act is an important, yet very sophisticated statute to understand alone. If you need any assistance regarding this law, please reach out and call us at 416-229-1479 or click the APPOINTMENT tab and meet with us.
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