The Landlord And Tenant Board (LTB) is an independent tribunal that has authority to resolve residential tenancy disputes in Ontario.
The LTB is a quasi-judicial body that hears landlord-tenant disputes under the Residential Tenancies Act, 2006.
A lease agreement is a written contract between the landlord and tenant, where both parties agree to occupy a particular piece of property. This document contains important information about the property, including how much rent is paid, when the rent is due and what the terms are for renting the property.
The landlord and tenant must initial and sign the form in the appropriate places before a lease is effective. The landlord must provide the tenant with a copy of the signed lease within 10 days of signing it.
Rental agreements are commonly short-term contracts that last from one month to a year. They allow landlords and tenants to rent properties for temporary reasons, such as home renovations, internships or job assignments.
Generally, a tenant may terminate the rental agreement for a reason related to the tenant’s conduct or failure to comply with the requirements of the rental agreement, but such termination does not relieve the landlord from any liability under the agreement. Specifically, if the tenant’s act or omission constitutes a breach of the lease that recurs within six months, the tenant may terminate the lease by providing notice of noncompliance to the landlord.
When the landlord intends to increase the rent or refuse to renew the tenancy, he must give the tenant a minimum of 60 days’ notice prior to the expiration date of the original lease or rental agreement. This notice must include the revised amount of rent and any modifications or amendments made to the terms of the original lease.
In addition, a landlord must also give the tenant a written statement of all debits and credits over the duration of the tenancy or 12 months if the tenancy has been less than a year. This can be an important tool in avoiding disputes between the landlord and tenant later on, especially if there is a problem with payments or charges.
Lastly, a sublease or assignment of the lease is not permitted by law unless it has been approved by the landlord. This is because the landlord and the sublessee are under privity of estate, which means that the parties are under a contract for the property. This gives the landlord the right to deny a sublease or assignment on a commercially reasonable basis, which can vary from case to case.
An eviction is a legal process that allows your landlord to get rid of you from your home. They can do this if you’ve broken your lease or are a serious nuisance.
Landlords often try to evict tenants for a number of reasons, including failing to pay rent or violating the terms of the lease agreement. They also may have a legitimate reason to evict, such as needing the property for personal use or renovating it.
In most cases, the landlord must first give you a written notice telling you that they want to evict you and why they’re trying to do it. This is called a “notice to quit.” You have three days to get out of the home before the landlord can file an eviction case in court.
If you do not move out by the time of the court date, then the landlord can begin summary holdover eviction proceedings against you in the court where the property is located. This is a fast way for your landlord to remove you from the home.
You can stop the eviction by paying all of the money that you owe and any late charges before the judge’s date of eviction. You can also ask the judge to stop the eviction and cancel your judgment if you show that you cannot find a place to live and that you have a serious health or family problem that would make moving difficult.
Another good way to stop the eviction is to get a letter from a local government or nonprofit agency saying that they will pay your rent, late fees, and attorney fees, plus court costs, before or at the return date of your eviction case. Then, you should call the judge to let them know that you’ve done this.
An eviction is a big deal for tenants and their families. Not only does it leave you with no place to live, but it can impact your credit history and future rental prospects. It can also cause you to lose money that you owed your landlord in the past, and it may affect how much you’re charged for your home if you decide to sell it.
Access to the Property
Access to a property is one of the most important issues that a landlord or tenant will face, and it can often be a contentious issue. While it’s important for a tenant to be able to get to the front door of their rental unit at all times, a landlord may need to enter their property for various reasons such as maintenance or repair.
A property owner’s access to their property can vary from one tenant to the next, but in general, there are a few key rules that should be followed to ensure that the rights and privileges of each party are preserved. The most obvious rule is that you should never attempt to deny a landlord or tenant their right of entry without providing reasonable advance notice.
For example, a landlord is required to give a tenant at least two days’ notice before entering their residence and should only do so at reasonable times and in a well-lit area. A tenant should also be aware of any security measures in place at the property to prevent burglaries or thefts, such as alarm systems and surveillance cameras.
The most important thing to remember is that a property’s security features should be implemented carefully to avoid the pitfalls that plague so many tenants in the past. If the landlord or tenant has an ill-conceived plan in place, it could result in expensive litigation and the loss of a valuable property.
The Landlord And Tenant Board is happy to provide assistance and insight to help you navigate the legal minefield that is access to your property. Contact us today to set up a free consultation.
Terminating a lease agreement can be difficult for both landlords and tenants. This is why it’s important to make sure that all parties understand the situation and know their rights.
There are many different reasons that a landlord may decide to terminate a lease. For example, if the business is not working out or if there are legal issues involved.
The process of termination usually starts with a termination notice, which is a formal letter sent by the landlord to the tenant informing them that their lease has been terminated. The terms of this letter vary according to state law and local rules, but it must always include specific timelines and other information.
Landlords must also make sure that they follow the proper procedures for sending the termination notice, including writing and delivering it properly. Failure to do so can lead to a lawsuit from the tenant.
If a landlord has determined that their tenant is violating the terms of the lease, they can apply to the Landlord and Tenant Board (LTB) to terminate the lease agreement. Typically, this requires that they file an application within 30 days of the lease termination date set out in the written notice or written agreement to terminate.
Depending on the reason for the termination, the LTB can also order a landlord to evict a tenant. These orders are formally written and can only be enforced by the Court Enforcement Office of the Superior Court in the jurisdiction where the property is located.
In some situations, a landlord can give their tenant a temporary release from the lease agreement so that they can move out early. This can be helpful for the landlord if they are asked to leave for military service, or if their business is struggling and they need to sell the property before the lease ends.
Terminating a lease is a tough decision for both parties, but it is an important step to take in certain circumstances. If you are unsure of how to handle the situation, it is important to seek legal advice from a lawyer who specializes in landlord-tenant law.
Among many other things, David A. Grantham is a contributing author to UmassExtension West Vancouver Blo. He is a renowned expert on real estate in BC.
Born in North Vancouver, Louisiana, Dr. Grantham grew up in Lower Lonsdale. He then went on to complete his business degree at the University British Columbia. As of this writing, Grantham has completed over 100 projects, including the development of a high rise building in Vancouver.
He is a husband, father, son, brother, and friend. He was a dedicated outdoorsman and enjoyed sports such as hunting, fishing, scuba diving, and snow skiing. His wife, Alison Grantham, and their two daughters survived him. He is survived by his wife Alison Martin Grantham and two daughters.