Landlord & tenant disputes

Renting can be a great option for both, Landlords & Tenants, however, sometimes things do not go as planned and we're here to help if such conditions arise.

Disagreements between landlords and tenants in Ontario, Canada can pose difficulties and complications for all individuals concerned. Various conflicts may stem from a variety of issues such as failure to pay rent, problems with maintenance and repairs, evictions, and unlawful behaviors. In the following paragraphs, we will examine the intricacies of landlord and tenant disagreements in Ontario and how the legal system addresses these issues.

The main law that regulates the interactions between landlords and tenants in Ontario is the Residential Tenancies Act (RTA). The RTA sets forth the rights and obligations of both landlords and tenants and establishes a legal structure for settling conflicts. Yet, understanding the legal system can prove challenging and bewildering for landlords and tenants alike. Some of the most common causes of disputes are listed below.

Maintenance and Repair Disputes

Maintenance and repair problems are another frequent source of conflict between landlords and tenants in Ontario. Landlords are required by law to make sure their rental properties are well-maintained and meet specific criteria. If a tenant thinks their landlord is not meeting their duties, the tenant can submit a request to the LTB to ask for a ruling that forces the landlord to do needed repairs.

Non or Late Rent Payment

Non-payment of rent is a frequent issue in Ontario that often leads to conflicts between landlords and tenants. Landlords can evict tenants for not paying rent, but the procedure may be difficult. Landlords must adhere to certain procedures outlined in the RTA before being able to remove a tenant due to unpaid rent. This involves serving a termination notice and submitting an application to the Landlord and Tenant Board (LTB). Nevertheless, tenants are entitled to challenge the eviction and ask for a hearing with the LTB.

Illegal Acts

Landlords have the option to request eviction through the LTB if a tenant is involved in unlawful activities like causing damage to the rental property or participating in illegal drug-related behaviors. Nevertheless, this procedure can be intricate and may necessitate the participation of authorities.

Evictions

Landlords can evict tenants for various reasons such as failure to pay rent, violating the lease agreement, or engaging in illegal activities. Nevertheless, the process of eviction can be intricate and requires careful handling to ensure landlords are complying with the law. Some landlords may have to seek an eviction order through the legal system, which could result in a lengthy and expensive procedure.

Evictions for personal use of Landlord

Personal use occurs when a landlord plans to utilize a rental unit either for themselves or for a family member. In accordance with the Residential Tenancies Act (RTA), landlords are permitted to evict tenants in order to occupy the rental unit themselves or to provide it for a family member. Nevertheless, landlords and tenants must be cognizant of various complexities involved in this procedure.

One challenge in personal use disputes is that landlords need to demonstrate a legitimate plan to use the rental unit for themselves or a family member. Proving this can be difficult, so landlords need to have evidence ready to back up their assertion. Another challenge in personal use disputes is that tenants can dispute the eviction and ask for a hearing with the LTB. Renters have the right to contest an eviction if they suspect the landlord is not truly planning to occupy the rental unit for personal use, or if they feel the eviction is unjust.

Illegal Business

According to the Residential Tenancies Act (RTA), landlords are allowed to end a rental agreement and remove a tenant for engaging in unlawful behaviour or if the tenant is engaging in illegal business activities at the landlord's premises. Nevertheless, the procedure can be intricate, and landlords need to adhere to precise legal protocols to ensure compliance with regulations.

Condominium Authority Tribunal (CAT)

The Landlord and Tenant Board (LTB) and the Condominium Authority Tribunal (CAT) are two different and independent organizations in Ontario, Canada. The LTB handles disagreements between landlords and tenants, while the CAT handles disputes regarding condo ownership and management.

The CAT deals with conflicts concerning shared costs, shared areas, animals, parking, and other issues that come up while owning or residing in a condo. The CAT is run by competent and unbiased arbitrators with expertise in condominium law and conflict resolution, and its rulings are legally binding and enforceable through the judicial system when needed. The CAT is created as a cost-effective and efficient option compared to the court system, offering a way to settle disagreements that is easier to access, cheaper, and quicker than standard legal processes.

Listed below are some of the most frequent forms of disagreements that have been addressed by the CAT-

Pet-related disagreements are frequently seen as well. These conflicts may involve situations in which a condo corporation is enforcing rules about pets, or where a resident is fighting to keep a pet that the corporation wants to prohibit. In a CAT case, a condo owner challenged pet rules, claiming her dog was a service animal and should be exempt from the no-pet policy.

Pets

Parking

The CAT also deals with frequent parking disputes. These conflicts may involve situations where a member of the condominium is claiming they have the right to a particular parking space, or where the condo association is seeking to uphold its parking regulations. During a CAT hearing, a condo owner contested the corporation's parking charge, claiming the fees were not effectively communicated.

Common Expenses

Another common type of disputes dealt with by the CAT are those involving common expenses. Disagreements may arise regarding the common expenses owed by a unit owner, how common expenses are divided among unit owners, and when a unit owner fails to pay their common expenses. In a CAT hearing, a unit owner disagreed with the common expenses they were charged because they believed they shouldn't be responsible for a repair caused by another unit owner's negligence.

Maintenance and repair of common elements

Disagreements regarding upkeep and fixing of shared areas are frequently seen as well. These disagreements may involve situations in which a homeowner is claiming that the organization has neglected to adequately upkeep a shared area or where the organization is seeking to uphold its maintenance regulations. One situation brought before the CAT involved a condominium owner challenging the corporation's decision to bill him for a common element repair, claiming that the communication of repair costs was inadequate.

VJ Legal Services Professional Corporation has a proven history of effectively advocating for both Landlords and Tenants and streamlining the litigation process. We will now provide the same assistance for cases involving the Condominium Authority Tribunal. We will address your situation using our expertise to question every issue, ensure all rights are upheld, reduce expenses, and guarantee you receive the most favorable outcome within the confines of the law, whether through a hearing order or resolution.

When you hire us, you receive expertise that can impact your case and assurance that all necessary letters, notices, applications, and documents will be prepared accurately and thoughtfully for your peace of mind.

Contact VJ Legal Services today to resolve all your legal issues today. You can contact us by phone on (416) 550-2655 or through the contact section of this website.