This webinar is brought to you by This webinar is brought to you by CLEONet www cleonet ca www.cleonet.ca CLEONet is a web site of legal information CLEONet is a web site of legal information for community workers and advocates who work with low ‐ income and disadvantaged communities in Ontario. 2010, Community Law School (Sarnia-Lambton) Inc.
About our presenter… Sheeba Sibal is a staff lawyer at West Scarborough Community Legal Services (WSCLS) a community legal clinic Community Legal Services (WSCLS), a community legal clinic in Toronto. Sheeba joined WSCLS as a community legal worker in 1990. In 2009, she was called to the Bar and was then hired as a Staff Lawyer .
RESIDENTIAL TENANCIES ACT: THE BASICS – for Tenants Webinar presented by Sheeba Sibal of West Sheeba Sibal of West Scarborough Community Legal Services P Prepared by WSCLS, December 2010 d b WSCLS D b 2010
WHAT WILL BE COVERED � Introduction and Highlights � The Lease Th L � Rules about Rent � Termination of tenancy by tenant � Termination of tenancy by tenant � Privacy � Maintenance, Repairs and Vital Services Maintenance, Repairs and Vital Services � Evictions � Resources 4
INTRODUCTION AND HIGHLIGHTS � Residential Tenancies Act � Landlord and Tenant Board � Landlord and Tenant Board � Who is covered by the RTA � Information for New Tenants � Supremacy of RTA � Application of the Ontario Human Rights Code � Special Rules for Subsidized Housing Tenants S i l R l f S b idi d H i T t � Investigations Branch - Provincial � Property Standards Property Standards 5
THE LEASE � Can be in writing or verbal � Essentials of lease � Essentials of lease – required by law required by law � What should be in the lease – for clarity � Cooling off period g p � Supremacy of RTA over lease � Copy of lease � Lease renewal and month to month tenancy L l d th t th t � Post dated cheques 6
THE LEASE Continued � Reasons for refusing lease and di discrimination i i ti � Before you sign your lease � Condition of premises � What can a landlord ask? � Extra fees for services � Parking charges 7
RULES ABOUT RENT � Vacancy de-control Old buildings g – New buildings – � Security deposits � Key deposit y p � Last Months rent � Interest on LMR � Rent receipts Rent receipts � Rent increase and notices of Rent Increase � Above Guideline increases � Rent reduction � Rent reduction 8
TERMINATION OF TENANCY BY TERMINATION OF TENANCY BY TENANT � Notice to Terminate by tenant form and notice period ti i d � Sublet or assignment � Consequences of early termination by tenant � Agreement to Terminate � Security of tenure 9
PRIVACY � Right of tenant � Right of landlord � Notice to enter � Inspections � Locks by tenants � Door alarms 10
MAINTENANCE REPAIRS AND VITAL MAINTENANCE,REPAIRS AND VITAL SERVICES � Landlords obligation � Tenants responsibilities T t ibiliti � How to get repairs and pest control done � Work orders from property standards � Work orders from property standards � Rent reduction – T6 application � Maintenance issues and arrears of rent Maintenance issues and arrears of rent � Temperature: As per Property Standards By Law � Vital services 11
EVICTIONS � Early termination of tenancy for cause � Termination of tenancy at end of term y � Voidable and non-voidable notices of termination � The hearing and eviction process Notice of Application and Notice of Hearing – H Hearing / Mediation i / M di ti – Order of LTB – Sheriffs notice – � Avoiding evictions for arrears of rent � Avoiding evictions for arrears of rent Before Hearing – After Hearing – Before Sheriff comes – 12
RESOURCES – for Tenants Telephone - Provincial � Ministry of Municipal Affairs and Housing , Investigation and Enforcement Unit 1-888-772-9777 � Landlord and Tenant Board � Landlord and Tenant Board 1 888 332 3234 1-888-332-3234 � Legal Aid Ontario (LAO) 1-800-668-8258 � Advocacy Center for Tenants � Advocacy Center for Tenants 1 866 245 4182 1-866-245-4182 Ontario ( ACTO) � Center for Equality Rights in Center for Equality Rights in 1-800-263-1139 ext. 22 1 800 263 1139 ext. 22 in Accommodation (CERA) 13
RESOURCES for Tenants- Cont. WEBSITES - Provincial � Ministry for Municipal Affairs & Housing, Investigations and Enforcement unit http://www.mah.gov.on.ca/Page142.aspx � Landlord and Tenant Board –http://www.ltb.gov.on.ca/ � Legal Aid Ontario for the Legal Clinic in your area - http://www.legalaid.on.ca/en/contact/contact.asp?type=cl htt // l l id / / t t/ t t ?t l � Advocacy Center for Tenants –http://www.acto.ca/ � Center for Equality Rights in Accomodation - Center for Eq alit Rights in Accomodation http://www.equalityrights.org/cera/ 14
RESOURCES for Tenants- Cont. CITY OF TORONTO Telephone � Ministry of Municipal Affairs and Housing (416) 585-7214 (Investigation and Enforcement Unit) � Landlord and Tenant Board (416)645-8080 � Legal Aid Ontario � Legal Aid Ontario (416) 979-1446 (416) 979 1446 � City of Toronto Property Standards Department 311 � Tenants Hot Line (Federation of Metro T Tenants Association - FMTA) t A i ti FMTA) (416) 921 9494 (416) 921-9494 � Advocacy Center for Tenants Ontario (ACTO) (416) 597-5855 15
RESOURCES for Tenants – Cont. CITY OF TORONTO Websites � City of Toronto - Property Standard by laws - http://app.toronto.ca/ApartmentStandards/vie wDownload.do D l d d � Federation of Metro Tenants Association – www.torontotenants.org/ 16
This webinar was brought to you by This webinar was brought to you by CLEONet For more information visit the Housing Law section of CLEONet at www.cleonet.ca For more public legal information webinars visit: http://www.cleonet.ca/training
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