Effective September 1, 2017, Ontario Landlord and Tenant Board has introduced new requirements for landlords who would like to evict a tenant so they or someone in their family can live in the unit. The landlord or family member must intend to live in the unit for at least one year. Moreover, Ontario landlords can no longer evict tenants without compensation.
This legislation provides more protection for Ontario tenants who live in approximately 1.2 million private rental households. The new measures discourage landlords from playing dishonest games of evicting people from their dwelling places and then re-renting them at a higher rate.
Only individual landlords, not corporations, can give notice of termination for this reason.
Under the new rental legislation, Ontario landlords must either give the tenant the equivalent of one month’s rent or offer the tenant another unit that the tenant accepts.
According to the Rental Fairness Act, 2017 (Legislation to amend the Residential Tenancies Act, 2006), if the landlord advertises, re-rents or demolishes/converts the unit within one year, she or he will be considered to have acted in bad faith unless they can prove otherwise, and could face a fine of up to $25,000
These changes build on other protections for tenants under the Fair Housing Plan such as the expansion of rent control to all private rental units, including those first occupied on or after November 1, 1991.
To reflect these changes, Ontario Landlord and Tenant board has updated the following four forms:
- 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
- L2: Application to End a Tenancy and Evict a Tenant
- T1: Tenant Application for a Rebate
You have to begin using these new forms immediately. If you download the forms from the Landlord and Tenant Board’s website, make sure you are getting the latest form by clearing your browser cache. Old versions of these forms will be accepted until September 30, 2017.
Quick Facts
- Under the changes, only individual landlords, not corporations, can end tenancies under the ‘landlord’s own use’ provision.
- It is an offence under the Residential Tenancies Act for a landlord to knowingly end a tenancy by giving notice in bad faith. A conviction for this offence can result in a fine of up to $25,000 for an individual.
- There are approximately 1.2 million private rental households in Ontario.
- The Rental Fairness Act, 2017, is legislation to amend the Residential Tenancies Act, 2006. It expands rent control to all private rental units, including those first occupied on or after November 1, 1991. The legislation also introduces additional protections for tenants, including enabling a standard lease and protecting tenants from eviction due to abuse of the “landlord’s own use” provision. Certain amendments will take effect at a later date.
The Landlord and Tenant Board contacts
For more information, or to obtain copies of forms and publications:
- LTB.gov.on.ca
- 416-645-8080 or toll-free at 1-888-332-3234
You can visit your local Landlord and Tenant Board office. A list of Board office locations can be found on the website.
Sources:
- https://news.ontario.ca/mho/en/2017/09/ontario-curbing-abuse-of-unlawful-evictions.html
- http://www.sjto.gov.on.ca/ltb/forms/
- http://www.sjto.gov.on.ca/ltb/
- http://www.sjto.gov.on.ca/en/latest-news/#ltb
- https://news.ontario.ca/mof/en/2017/04/ontarios-fair-housing-plan.html
- Residential Tenancies Act https://www.ontario.ca/laws/statute/06r17
- Rental Fairness Act, 2017 , legislation to amend the Residential Tenancies Act, 2006 https://www.ontario.ca/laws/statute/S17013?_ga=2.241881217.207314378.1504452503-449374663.1504452503
