The Residential Tenancies Act replaced the Tenant Protection Act on January 31st, 2007

 The  Residential Tenancies Act replaced the  Tenant Protection Act on January 3

The Residential Tenancies Act (RTA) was proclaimed on January 31st, 2007. It replaces the Tenant Protection Act.

 

As of January 31st 2007:

  • There will be no more default eviction orders issued. If you have been given a notice of hearing, go to your hearing!
  • At eviction hearings for arrears of rent, tenants may raise any issues they may have filed an application about
  • Arrive on time for your hearing, there will be no more 30 minute grace period
  • Tenants can continue to use the old ORHT forms until March 31, 2007
  • If you miss an eviction hearing and a decision was made without you, you must file a $50 'review of order'
  • If you've filed a maintenance and repair application and it hasn't been decided by January 31st, you may ask to pay your rent to the Board
  • As of February 1st 2007, the amount of interest charged on your last month's rent deposit will be a combination of 6% and 2.6% depending on what your renewal date is. For a quick chart of how to calculate your interest, click here

What's new in the RTA:

  • The Ontario Rental Housing Tribunal will be replaced by the Landlord and Tenant Board
  • All new tenants must be provided with a Board approved form outlining the rights and responsibilities of landlords and tenants and how to contact the Board
  • All evictions will go to a hearing
  • Tenants may raise any maintenance issues or any other matter they may have filed an application about at an eviction hearing
  • There will be a speedier eviction process for tenants who substantially interfere with the landlord's enjoyment of a small (3 or fewer) complex
  • Landlords can apply to evict tenants in order to get a permit to renovate a building
  • The Board has the power to stop the eviction at any time in the process (up until the time the sheriff comes) if a tenant pays their arrears to the board
  • If a tenant dies or moves out of their unit, their spouse automatically becomes the legal tenant
  • Tenants may request to pay their rent to the Landlord and Tenant Board when they file an application about maintenance and repairs
  • Landlords now have the right to enter a unit for inspection with 24 hours written notice
  • The Landlord and Tenant Board has the power to stop taking rent increases until outstanding maintenance and repair work has been completed
  • Landlord must give their tenants 60 days notice of intention to do major repair work and must attempt to minimize the impact on a tenant's reasonable enjoyment
  • The Annual Guideline Amount will be equal to the Consumer Price Index
  • Tenants are entitled to interest on their last month's rent, however the amount of interest is equal to that year's guideline and may be applied to 'top up' their last month's rent deposit
  • Regulations for allowable capital expenditures have been tightened for Above Guideline Increases and maintenance may be raised as an issue at hearings
  • Tenants cannot be given an above guideline rent increase if they were not living in their building at the time the work was done
  • Tenants can bring up repair and maintenance issues at AGI hearings
  • Tenants are entitled to reduce their rent after the costs of their landlord's AGI are no longer borne

 

 

For further information, check out the website for the Ministry of Municipal Affairs & Housing, access the Landlord and Tenant Board website directly or for the full text of the Residential Tenancies Act, click here