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Bill 96, Tenant Protection Act, 1996

Leach, Hon. Allan F. Minister of Municipal Affairs and Housing

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Status

Original

Tenant Protection Act, 1996

EXPLANATORY NOTE

The Bill replaces the Rent Control Act, 1992,

Part IV of the Landlord and Tenant Act, the Rental Housing Protection Act , the Municipal Amendment Act, (Vital Services), 1994 , the Land Lease Statute Law

Amendment Act, 1994 and the Residents' Rights Act, 1994 . While disputes under the Landlord and Tenant Act are currently heard by the courts, under the Bill these matters, as well as rent applications, will be determined by

members of the Ontario Rental Housing Tribunal appointed under the Act.

PART I

INTRODUCTION

Part I provides that the Bill generally applies to all rental units in residential complexes. The principal exceptions are newly built residential complexes, government owned and non-profit housing units financially supported by the federal and

provincial governments, which are generally subject to the provisions of the Bill dealing with security of tenure and rights and obligations of landlords and tenants, but are partially exempt from the rent rules.

Part I also defines certain terms and provides for an application to the Tribunal for an order determining whether the Act applies to a rental unit or residential complex.

PART II

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

Part II sets out the rights and obligations of landlords and tenants regarding their relationship, except the right to security of tenure, which is addressed in

Part III. The rights and obligations of landlords and tenants in care homes, mobile

home parks and land lease communities are addressed in more detail in Parts IV and V.

The rights and obligations of landlords and tenants were formerly set out in the Landlord and Tenant Act . Changes to those provisions include clarification of those situations in which a landlord may enter a rental unit, modification

of the provisions respecting the tenant's right to assign or sublet a rental unit to reflect the new rules concerning the amount of rent that may be charged to a new tenant, procedures forlandlords to follow on death of a tenant or abandonment of

a rental unit and enhanced anti-harassment prohibitions.

This Part also sets out the applications available for tenants and landlords to enforce rights given under the Part.

PART III

SECURITY OF TENURE AND TERMINATION OF TENANCIES

Part III provides that the right of tenants to security of tenure is continued and sets out the procedures for terminating a tenancy.

This Part also contains provisions requiring landlords to provide to tenants of rental units which the landlord has converted or intends to convert to condominium, lifetime protection against being evicted for personal possession by the owner.

The Part also provides for compensation or an offer of alternate accommodation where termination of the tenancy is for the purpose of renovation or repair, demolition or conversion to a non-residential use.

Part III sets out the applications available to terminate a tenancy and evict a tenant, as well as those available to obtain an order for payment of arrears of rent, or compensation for damage to the rental unit or complex.

PART IV

CARE HOMES

Part IV contains the rights and duties of landlords and tenants in care homes. The

Part includes a requirement that tenancy agreements in care homes be in writing and that tenants have the right to cancel the agreement within five days after

agreeing. There is also a provision allowing landlords to enter a rental unit in a care home at regular intervals to check the tenant's condition if the tenancy agreement requires the landlord to do so, although such a provision may be

unilaterally revoked by the tenant.

A landlord may apply to the Tribunal for an order transferring a tenant out of a care home if the tenant no longer requires the level of care provided by the landlord or the tenant requires a level of care that the landlord is not able to

provide, but an order may be made only if the Tribunal is satisfied that appropriate alternate accommodation is available for the tenant and the tenant's care needs cannot be met by community based services provided to the tenant in the care

home.

Finally, this Part sets out special rules related to rent and charges for care services and meals.

PART V

MOBILE HOME PARKS AND LAND LEASE COMMUNITIES

the window that the home is for sale, unless the landlord provides alternative means of advertising. Other changes include procedures to be followed when mobile homes are abandoned, and modified rent rules related to the pass through of capital

expenditures required to be carried out by public agencies. There are also special rules that apply with respect to the rent increase that may be taken when a person becomes a new tenant. In this case, the rent cannot be increased by more than the

prescribed amount.

PART VI

RULES RELATING TO RENT

Part VI sets out rules relating to rent. Under the changed rules governing the determination of lawful rent, landlords are still entitled to increase the rent charged to a tenant by the guideline amount without applying to the Tribunal, if a

90-day notice of rent increase has been given and 12 months have passed since the last increase or since the tenant first occupied the unit. For increases above the guideline, landlords may apply to the Tribunal in the case of an extraordinary

increase in the cost for municipal taxes and charges or utilities or both and capital expenditures for the complex or units. No order with respect to capital expenditures may exceed 4 per cent of the last lawful rent for the rental unit. Where the

justified increase exceeds that amount it may be carried forward in future years until taken in full.

However, these restrictions do not apply when a new tenant occupies a rental unit; in that case the landlord and tenant may negotiate the rent. Orders made by the Tribunal will not apply to a new tenant if the tenancy agreement took effect on

or after the day that is 90 days before the first effective date of the order. Once the tenant is in place, the normal rent rules apply.

The Bill also provides for agreements between a landlord and tenant to a rent increase if the landlord has carried out or will carry out capital expenditures or the landlord has provided or will provide a new or additional service in return for

the rent increase.

Where the rent charged for a rental unit is less than the maximum rent, as defined in the Rent Control Act, 1992 , the rent may be increased up to the maximum rent for tenants who have lived in the unit since at least the day this Act

is proclaimed.

Tenants continue to have the right to apply to the Tribunal for reduction in rent due to reduction in services or taxes, or for the return of money collected illegally.

PART VII

VITAL SERVICES AND MAINTENANCE STANDARDS

Part VII contains provisions formerly found in the Municipal Amendment Act, (Vital Services) 1994 . These provisions allow municipalities to pass by-laws requiring landlords to provide suitable vital services to rental units and

prohibiting them from ceasing to provide them. Where a landlord fails to provide such services as required by the by-law, the municipality may arrange for the service to be provided and to recover the cost as a lien against the residential

complex.

Part VII also establishes provincial maintenance standards for residential complexes in unorganized territories and in municipalities where no property standards by-laws apply to them.

These standards will be enforced by the Minister of Municipal Affairs and Housing who will receive and investigate tenant complaints and may cause an inspection to be made. The Minister may charge a municipality for the costs associated with

such an inspection.

Where an inspection reveals non-compliance with the maintenance standards, the inspector may issue a work order requiring the landlord to comply. A landlord who is not satisfied with the terms of such a work order may apply to the Tribunal for

a review of the work order.

PART VIII

ONTARIO RENTAL HOUSING TRIBUNAL

This Part establishes the Ontario Rental Housing Tribunal, the members of which will be appointed by the Lieutenant Governor in Council. The Tribunal will adopt rules of practice and procedure and may also adopt guidelines which will be

available to the public.

The Tribunal is required to file an annual report with the Minister of Municipal Affairs and Housing.

The Tribunal may charge fees for applications, for furnishing copies of documents and for other services.

PART IX

PROCEDURE

Part IX sets out the procedural rules to be followed in all proceedings under the Act.

The Tribunal may try to mediate a settlement of any application if the parties consent. A settlement mediated by the Tribunal may contain provisions that contravene the Act, with the exception that rent increases for rental units that are not

mobile homes or land lease homes may not exceed the greater of the maximum rent and the sum of the guideline amount plus 4 per cent of the previous year's rent.

The Tribunal may require a respondent to pay a specified sum into the Tribunal where it considers it appropriate to do so.

The Statutory Powers Procedure Act applies to all proceedings before the Tribunal.

The Tribunal may issue a default order without holding a hearing where a claim is not disputed in the following types of applications:

1. An application to terminate a tenancy or to evict a person.

2. A landlord's application for arrears of rent, compensation, damages or for the payment of money as a result of misrepresentation of income.

3. A tenant's application for return of money illegally collected.

4. A tenant's application claiming that a landlord unreasonably withheld consent to an assignment or subletting of a tenancy agreement.

A motion may be made to the Tribunal to set aside the default order.

The Tribunal may order the payment of money up to $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located, whichever is greater.

There is a right of appeal of the Tribunal's order to the Divisional Court on a question of law.

PART X

GENERAL

Part X sets out administration and enforcement provisions including provisions related to powers of entry, search and seizure, offences and regulation-making powers.

Alleged offences will be investigated by investigators appointed by the Minister of Municipal Affairs and Housing. The offences under the Bill include unlawfully entering a rental unit, furnishing false or misleading information, charging rent

in an amount greater than permitted, coercing a tenant to sign an agreement to increase the rent, withholding a vital service, harassing a tenant and unlawfully terminating a tenancy.

PART XI

MISCELLANEOUS

This Part sets out complementary amendments to other Acts in relation to residential tenancies together with transitional and commencement provisions.

This Part also contains an amendment to the Human Rights Code to provide for regulation making power to set out the practices that a landlord may employ to determine the credit worthiness of a tenant.

Part XI also amends various statutes to transfer the powers respecting municipal property standards by-laws currently found in

section 31 of the Planning Act to the Building Code Act, 1992. This change and others consequent

upon it will enhance the effectiveness of enforcement of property standards by-laws.

Bill 961996

An Act to Consolidate and Revise

the Law with respect to Residential Tenancies

CONTENTS

PART I

INTRODUCTION

Definitions

2. Application of Act

3. Exemptions from Act

4. Exemptions from rules relating to rent

5. Exemptions related to social, etc., housing

Part VI not applied, rent geared to income

7. Application to determine issues

PART II

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

TENANCY AGREEMENTS

8. Name and address in written agreement

9. Commencement of tenancy

10. Frustrated contracts

11. Covenants interdependent

12. Covenants running with land

13. Minimize losses

14. Acceleration clause void

15. "No pet" provisions void

16. Provisions conflicting with Act void

ASSIGNMENT AND SUBLETTING

17. Assignment of tenancy

18. Subletting rental unit

ENTRY INTO RENTAL UNIT OR RESIDENTIAL COMPLEX

19. Privacy

20. Entry without notice, emergency, consent

21. Entry with notice

22. Entry by canvassers

23. Changing locks

ADDITIONAL RESPONSIBILITIES OF LANDLORD

24. Landlord's responsibility to repair

25. Landlord's responsibility re services

26. Landlord not to interfere with reasonable enjoyment

27. Landlord not to harass, etc.

ADDITIONAL RESPONSIBILITY OF TENANT

28. Cleanliness

ENFORCEMENT OF RIGHTS UNDER THIS

PART

29. Distress abolished

30. Tenant applications

31. Order re assignment, sublet

32. Order, repair, comply with standards

33. Order, subs. 30 (1), pars 3 to 7

34. Locking systems, landlord application re: alteration

35. Locking systems, order

HUMAN RIGHTS CODE

36. Selecting prospective tenants

PART III

SECURITY OF TENURE AND TERMINATION OF TENANCIES

SECURITY OF TENURE

37. Tenancy terminated

38. Deemed renewal where no notice

39. Restriction on recovery of possession

40. Disposal of abandoned property, tenant vacates unit

NOTICE OF TERMINATION -

GENERAL PROVISIONS

41. Notice of termination

42. Where notice void

43. Compensation when rental unit not vacated

NOTICE OF TERMINATION BY TENANT -

END OF PERIOD OR TERM OF TENANCY

44. Notice to terminate tenancy, end of period or term

45. Period of notice, daily or weekly tenancy

NOTICE BY TENANT FOR TERMINATION

ASSIGNMENT OF TENANCY REFUSED

46. Notice by tenant

DEATH OF TENANT

47. Death of tenant

48. Landlord may dispose of property

NOTICE BY LANDLORD FOR TERMINATION

AT END OF PERIOD OR TERM

49. Notice, landlord personally, etc., requires unit

50. Where purchasing landlord personally requires unit

51. Notice, demolition, conversion or repairs

52. Conversion to condominium, security of tenure

53. Compensation, demolition or conversion

54. Tenant's right of first refusal, repair or renovation

55. Tenant's right to compensation, repair or renovation

56. Tenant's right to compensation, severance

57. Notice end of term, additional grounds

NOTICE BY LANDLORD FOR TERMINATION

BEFORE END OF PERIOD OR TERM

58. Non-payment of rent

59. Termination for cause, illegal act

60. Termination for cause, damage

61. Termination for cause, reasonable enjoyment

62. Termination for cause, too many persons

63. Notice of termination, further contravention

SUPERINTENDENT'S PREMISES

64. Superintendent's premises

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS GIVEN NOTICE OF TERMINATION

65. Application by landlord

66. Landlord personally requires premises

67. Demolition, conversion, repairs

68. Non-payment of rent

69. Illegal act or misrepresentation of income

70. Notice gives 7 days to correct

71. Immediate application

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS NOT GIVEN NOTICE OF TERMINATION

72. Agreement to terminate, tenant's notice

73. Abandonment of rental unit

74. Landlord may dispose of property, abandoned unit

75. Superintendent's premises

76. Unauthorized occupancy

LANDLORD OR TENANT APPLICATION

OVERHOLDING SUBTENANT

77. Overholding subtenant

EVICTION ORDERS

78. Effective date of order

79. Power of Tribunal, eviction

80. Effect of eviction order

OTHER LANDLORD APPLICATIONS

81. Arrears of rent

82. Compensation for damage

83. Compensation, misrepresentation of income

OTHER TENANT NOTICES AND APPLICATIONS

84. Compensation, overholding subtenant

85. Tenant's notice, application re subtenant

PART IV

CARE HOMES

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

86. Agreement required

87. Information to tenant

88. Tenancy agreement: right to consult

89. Entry check condition of tenant

90. Assignment, subletting in care homes

91. Termination, care homes

92. Notice of termination, demolition, conversion

or repairs

TRANSFERRING TENANCY

93. Application

RULES RELATED TO RENT

94. Rent in care home

95. Notice of increased charges

96. Certain charges permitted

PART V

MOBILE HOME PARKS AND LAND LEASE COMMUNITIES

INTERPRETATION

97. Part applies to land lease communities

Interpretation

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

99. Tenant's right to sell, etc.

100. Landlord's right of first refusal

101. For sale signs

102. Restraint of trade prohibited

103. Responsibility of landlord

TERMINATION OF TENANCIES

104. Mobile home abandoned

105. Death of mobile home owner

106. Extended notice of termination, special cases

RULES RELATED TO RENT

107. New tenant

108. Entrance and exit fees limited

PROCEEDINGS BEFORE THE TRIBUNAL

109. Increased capital expenditures

PART VI

RULES RELATING TO RENT

GENERAL RULES

110. Security deposits, limitation

111. Rent deposit may be required

112. Post-dated cheques

GENERAL RULES CONCERNING AMOUNT OF RENT CHARGED

113. Landlord not to charge more than lawful rent

114. Landlord's duty, rent increases

LAWFUL RENT

115. Lawful rent when this Act comes into force

116. New tenant

117. Assignment without consent

118. 12-month rule

119. Notice of rent increase required

120. Deemed acceptance where no notice of termination

GUIDELINE

121. Guideline increase

AGREEMENTS TO INCREASE, DECREASE RENT

122. Agreement

123. Tenant application

124. Additional services, etc.

125. Coerced agreement void

126. Decrease in services, etc.

ADDITIONAL GROUNDS FOR RENT INCREASE

127. Increase to maximum rent

LANDLORD APPLICATION FOR RENT INCREASE

128. Increased operating costs, capital expenditures

129. Two ordered increases, not taken together

ILLEGAL ADDITIONAL CHARGES

130. Additional charges prohibited

131. Rent deemed lawful

APPLICATIONS TO TRIBUNAL BY TENANT

132. Reduction in rent, reduction in services

133. Reduction in rent, reduction in taxes

134. Money collected illegally

PART VII

VITAL SERVICES AND MAINTENANCE STANDARDS

VITAL SERVICES

Definitions

136. By-laws respecting vital services

137. Notice by supplier

138. Inspection

139. Services by municipality

140. Appeal

141. Payments transferred

142. Use of money

143. Immunity

MAINTENANCE STANDARDS

144. Application of prescribed standards

145. Inspector's work order

146. Review of work order

PART VIII

ONTARIO RENTAL HOUSING TRIBUNAL

147. Tribunal established

148. Composition

149. Chair and vice-chair

150. Quorum

151. Conflict of interest

152. Power to determine law and fact

153. Members, mediators not compellable

154. Rules and Guidelines Committee

155. Information on rights and obligations

156. Employees

157. Professional assistance

158. Annual Report

159. Tribunal may set, charge fees

160. Fee refunded, review

PART IX

PROCEDURE

161. Expeditious procedures

162. Form of application

163. Combining applications

164. Parties

165. Service of application

166. Tribunal may extend, shorten time

167. File dispute

168. How notice or document given

169. How notice or document given to Tribunal

170. Time

171. Tribunal may mediate

172. Money paid to Tribunal

173. Where Tribunal may dismiss

174. SPPA applies

175. Applications joined

176. Amend application

177. Other powers of Tribunal

178. Findings of Tribunal

179. Conditions in order

180. Order payment

181. Default orders

182. Monetary jurisdiction of Tribunal

183. Order final, binding

184. Appeal rights

185. Tribunal may appeal Court decision

186. Substantial compliance sufficient

187. Contingency fees, limitation

PART X

GENERAL

ADMINISTRATION AND ENFORCEMENT

188. Duties of Minister

189. Delegation

190. Investigators and inspectors

191. Entry and inspection

192. Search warrant

193. Protection from personal liability

OFFENCES

194. Offences

195. Proof of filed documents

REGULATIONS

196. Regulations

PART XI

MISCELLANEOUS

AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS

RELATED TO RESIDENTIAL TENANCIES

197. Condominium Act

198. Consumer Reporting Act

199. Co-operative Corporations Act

200. Human Rights Code

201. Landlord and Tenant Act

COMMERCIAL TENANCIES ACT

202. Land Titles Act

203. Mortgages Act

204. Municipal Act

205. Ontario Home Ownership Savings Plan Act

206. Rent Control Act, 1992

207. Rental Housing Protection Act

208. Residential Complex Sales Representation Act

209. Settled Estates Act

210. Toronto Islands Residential Community Stewardship

Act, 1993

TRANSITIONAL

211. Transitional provisions

AMENDMENTS AND REPEALS RELATED TO

MUNICIPAL PROPERTY STANDARDS BY-LAWS

212. Building Code Act, 1992

213. County of Oxford Act

214. Planning Act

215. Regional Municipalities Act

COMMENCEMENT AND

SHORT TITLE

216. Commencement

Short title

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

PART I

INTRODUCTION

Definitions

(1) In this Act,

"care home" means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; ("maison de soins")

"care services" means, subject to the regulations, health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living; ("services en matière de soins")

"guideline", when used with respect to the charging of rent, means the guideline determined under

section 121; ("taux légal")

"land lease community" means the land on which one or more occupied land lease homes are situate and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for

the common use and enjoyment of the tenants of the landlord; ("zone résidentielle à baux fonciers")

"land lease home" means a dwelling, other than a mobile home, that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling; ("maison à bail foncier")

"landlord" includes,

(

a) the owner or other person permitting occupancy of a rental unit,

(

b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and

(

c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act,

including the right to collect rent; ("locateur")

"Minister" means the Minister of Municipal Affairs and Housing; ("ministre")

"Ministry" means the Ministry of Municipal Affairs and Housing; ("ministère")

"mobile home" means a dwelling that is designed to be made mobile and constructed or manufactured to provide a permanent residence for one or more persons; ("maison mobile")

"mobile home park" means the land on which one or more occupied mobile homes are located and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for the

common use and enjoyment of the tenants of the landlord; ("parc de maisons mobiles")

"municipal taxes and charges" means taxes charged to a landlord by a municipality and charges levied on a landlord by a municipality and includes taxes levied on a landlord's property in unorganized territory, but "municipal taxes and charges"

does not include,

(

a) charges for inspections done by a municipality on a residential complex related to an alleged breach of a health, safety, housing or maintenance standard,

(

b) charges for emergency repairs carried out by a municipality on a residential complex,

(

c) charges for work in the nature of a capital expenditure carried out by a municipality, or

(

d) any other prescribed charges; ("redevances et impôts municipaux")

"municipality" means a city, town, village, improvement district or township, a regional, district or metropolitan municipality or the County of Oxford; ("municipalité")

"non-profit co-operative housing corporation" means,

(

a) a non-profit housing co-operative under the Co-operative Corporations Act , or

(

b) a corporation incorporated without share capital under a predecessor of the Co-operative Corporations Act or under similar legislation of Canada or any province, where the main purpose and activity of the corporation is the

provision of housing for its members and the charter, by-laws or articles of the corporation provide that,

(

i) its activities shall be carried on without the purpose of gain for its members, and

(ii) on dissolution, its property, after payment of its debts and liabilities, shall be transferred to or distributed among one or more non-profit housing co-operatives or charitable organizations; ("coopérative de logement sans but

lucratif")

"person", or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal

representative; ("personne")

"prescribed" means prescribed by the regulations; ("prescrit")

"regulations" means the regulations made under this Act; ("règlements")

"rent" includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a tenant to a landlord or the landlord's agent for the right to occupy a rental unit and for any services and facilities and any

privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the rental unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but

"rent" does not include,

(

a) an amount paid by a tenant to a landlord to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home or a land lease home owned by a tenant, or

(

b) an amount that a landlord charges a tenant of a rental unit in a care home for care services or meals; ("loyer")

"rental unit" means any living accommodation used or intended for use as rented residential premises, and "rental unit" includes,

(

a) a site for a mobile home or site on which there is a land lease home used or intended for use as rented residential premises, and

(

b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("logement locatif")

"residential complex" means,

(

a) a building or related group of buildings in which one or more rental units are located,

(

b) a mobile home park or land lease community,

(

c) a site that is a rental unit,

(

d) a care home, and

"residential complex" includes all common areas and services and facilities available for the use of its residents; ("ensemble d'habitation")

"residential unit" means any living accommodation used or intended for use as residential premises, and "residential unit" includes,

(

a) a site for a mobile home or on which there is a land lease home used or intended for use as a residential premises, and

(

b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("habitation")

"Rules" means the rules of practice and procedure made by the Tribunal or the Minister under

section 154 of this Act and

section 25.1 of the Statutory Powers Procedure Act ; ("règles")

"services and facilities" includes,

(

a) furniture, appliances and furnishings,

(

b) parking and related facilities,

(

c) laundry facilities,

(

d) elevator facilities,

(

e) common recreational facilities,

(

f) garbage facilities and related services,

(

g) cleaning and maintenance services,

(

h) storage facilities,

(

i) intercom systems,

(

j) cable television facilities,

(

k) heating facilities and services,

(

l) air-conditioning facilities,

(

m) utilities and related services, and

(

n) security services and facilities; ("services et installations")

"subtenant" means the person to whom a tenant gives the right under

section 18 to occupy a rental unit; ("sous-locataire")

"superintendent's premises" means a rental unit used by a person employed as a janitor, manager, security guard or superintendent and located in the residential complex with respect to which the person is so employed; ("logement de

concierge")

"tenancy agreement" means a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit; ("convention de location")

"tenant" includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant's heirs, assigns and personal representatives, but "tenant" does not include a person who has the right to occupy a rental unit by

virtue of being,

(

a) a co-owner of the residential complex in which the rental unit is located, or

(

b) a shareholder of a corporation that owns the residential complex; ("locataire")

"Tribunal" means the Ontario Rental Housing Tribunal; ("Tribunal")

"utilities" means heat, hydro and water; ("services d'utilité publique")

"vital service" means fuel, hydro, gas or hot or cold water. ("service essentiel")

Rental unit, clarification

(2) A rented site for a mobile home or a land lease home is a rental unit for the purposes of this Act even if the mobile home or the land lease home on the site is owned by the tenant of the site.

Application of Act

(1) This Act applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary.

Conflicts, care homes

(2) In interpreting a provision of this Act with regard to a care home, if a provision in

Part IV conflicts with a provision in another Part of this Act, the provision in

Part IV applies.

Conflicts, mobile home parks and land lease communities

(3) In interpreting a provision of this Act with regard to a mobile home park or a land lease community, if a provision in

Part V conflicts with a provision in another Part of this Act, the provision in

Part V applies.

Conflict with other Acts

(4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code , the provision of this Act applies.

Exemptions from Act

3. This Act does not apply with respect to,

(

a) living accommodation intended to be provided to the travelling or vacationing public in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and

breakfast vacation establishment or vacation home;

(

b) living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm;

(

c) living accommodation provided by a non-profit co-operative housing corporation to its members;

(

d) living accommodation occupied by a person for penal or correctional purposes;

(

e) living accommodation that is subject to the Public Hospitals Act , the Private Hospitals Act , the Community Psychiatric Hospitals Act , the Mental Hospitals Act , the Homes for the Aged and Rest Homes

Act , the Nursing Homes Act , the Ministry of Correctional Services Act , the Charitable Institutions Act , the Child and Family Services Act or

Schedule I, II or III of Regulation 272 of the Revised

Regulations of Ontario, 1990, made under the Developmental Services Act ;

(

f) short term living accommodation provided as emergency shelter;

(

g) living accommodation provided by an educational institution to its students or staff where,

(

i) the living accommodation is provided primarily to persons under the age of majority, or all major questions related to the living accommodation are decided after consultation with a council or association representing the residents, and

(ii) the living accommodation does not have its own self-contained bathroom and kitchen facilities or is not intended for year-round occupancy by full-time students or staff and members of their households;

(

h) living accommodation located in a building or project used in whole or in part for non-residential purposes if the occupancy of the living accommodation is conditional upon the occupant continuing to be an employee of or perform services

related to a business or enterprise carried out in the building or project;

(

i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner's spouse, child or parent or the spouse's child or parent, and where the owner, spouse, child or parent lives in

the building in which the living accommodation is located;

(

j) premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes is under a single lease and the same person occupies the premises and the living accommodation;

(

k) living accommodation occupied by a person for the purpose of receiving rehabilitative or therapeutic services agreed upon by the person and the provider of the living accommodation, where,

(

i) the parties have agreed that,

(

A) the period of occupancy will be of a specified duration, or

(

B) the occupancy will terminate when the objectives of the services have been met or will not be met, and

(ii) the living accommodation is intended to be provided for no more than a one year period;

(

l) living accommodation in a care home occupied by a person for the purpose of receiving short term respite care; and

(

m) any other prescribed class of accommodation.

Exemptions from rules relating to rent

(1) Sections 52, 53, 55, 56, 87, 94 to 109, 113, 115 to 118 and 121 to 133 do not apply with respect to accommodation that is subject to the Homes for Special Care Act or the Homes for Retarded Persons

Act.

Same

(2) Sections 94, 107, 109, 113, 115 to 117, 121 to 129, 132 and 133 do not apply with respect to a rental unit if,

(

a) it has not been occupied for any purpose before the day this subsection comes into force;

(

b) it is a rental unit no part of which has been previously rented since July 29, 1975; or

(

c) no part of the building has been occupied for residential purposes before November 1, 1991.

Developmental Services Act

(3) Sections 52, 53, 55, 56, 87, 94 to 109, 113, 115 to 118 and 121 to 133 do not apply with respect to accommodation that is subject to the Developmental Services Act and that is not otherwise exempt under clause 3 (e).

Exemptions related to social, etc., housing

(1) Sections 17 and 18, paragraph 1 of subsection 30 (1), sections 31, 52, 53, 55 and 56, subsection 76 (2) and sections 77, 84, 85, 87, 90, 94 to 96, 107 to 109, 113, 115 to 117 and 121to 134 do not apply with respect to a

rental unit described below:

3. A rental unit provided by a non-profit co-operative housing corporation to tenants who are not its members.

4. A rental unit provided by an educational institution to a student or member of its staff and that is not exempt from this Act under clause 3 (g).

5. A rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis.

Exemption re: 12-month rule

(2) Section 118 does not apply with respect to,

(

a) a rental unit described in paragraph 1, 2 or 3 of subsection (1) if the tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding; or

(

b) a rental unit described in paragraph 4 or 5 of subsection (1).

Exemption re: notice of rent increase

(3) Sections 119 and 120 do not apply with respect to increases in rent for a rental unit due to increases in the tenant's income if the rental unit is as described in paragraph 1, 2 or 3 of subsection (1) and the tenant pays rent in an amount

geared-to-income due to public funding.

Exception

(4) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than the

Same

(5) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rent increase for rental units described in paragraph 4 of that subsection if there is a council or association representing the residents

of those rental units and there has not been consultation with the council or association respecting the increase.

Part VI not applied, rent geared to income

(1) If a tenant pays rent for a rental unit in an amount geared-to-income due to public funding and the rental unit is not a rental unit described in paragraph 1, 2 or 3 of subsection 5 (1),

Part VI does not apply to an

increase in the amount geared-to-income paid by the tenant.

Assignment, sublet not applied, rent geared to income

(2) Sections 17, 18, 77, 84, 85 and 90 and subsections 76 (2) and 117 (3) do not apply to a tenant described in subsection (1).

Application to determine issues

(1) A landlord or a tenant may apply to the Tribunal for an order determining,

(

a) whether this Act or any provision of it applies to a particular rental unit or residential complex;

(

b) any other prescribed matter.

Order

(2) On the application, the Tribunal shall make findings on the issue as prescribed and shall make the appropriate order.

PART II

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

TENANCY AGREEMENTS

Name and address in written agreement

(1) Every written tenancy agreement entered into on or after the day this

section comes into force shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents

under this Act.

Copy of tenancy agreement

(2) If a tenancy agreement entered into on or after the day this

section comes into force is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs

it and gives it to the landlord.

Notice if agreement not in writing

(3) If a tenancy agreement entered into on or after the day this

section comes into force is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the

landlord to be used for giving notices and other documents under this Act.

Failure to comply

(4) Until a landlord has complied with subsections (1) and (2) or subsection (3), as the case may be,

(

a) the tenant's obligation to pay rent is suspended; and

(

b) the landlord shall not require the tenant to pay rent.

After compliance

(5) After the landlord has complied with subsections (1) and (2), or subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4).

Commencement of tenancy

(1) The term or period of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement.

Actual entry not required

(2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit, whether or not the tenant actually occupies it.

Frustrated contracts

10. The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements.

Covenants interdependent

11. Subject to this Part, the common law rules respecting the effect of the breach of a material covenant by one party to a contract on the obligation to perform by the other party apply with respect to tenancy agreements.

Covenants running with land

12. Covenants concerning things related to a rental unit or the residential complex in which it is located run with the land, whether or not the things are in existence at the time the covenants are made.

Minimize losses

13. When a landlord or a tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the personentitled to claim the amount has a duty to take reasonable steps to minimize the person's losses.

Acceleration clause void

14. A provision in a tenancy agreement providing that all or part of the remaining rent for a term or period of a tenancy or a specific sum becomes due upon a default of the tenant in paying rent due or in carrying out an

obligation is void.

"No pet" provisions void

15. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.

Provisions conflicting with Act void

16. Subject to

section 171, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void.

ASSIGNMENT AND SUBLETTING

Assignment of tenancy

(1) Subject to subsection (2), and with the consent of the landlord, a tenant may assign a rental unit to another person.

Landlord's choice

(2) A landlord may choose not to allow the tenant to assign the rental unit, in which case the tenant may give the landlord a notice of termination under

section 46.

Withholding consent

(3) Where the landlord fails to exercise the right to choose conferred by subsection (2), consent to the assignment to a potential assignee shall not be arbitrarily or unreasonably withheld.

Charges

(4) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to an assignment.

Consequences of assignment

(

a) the assignee is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to the

period after the assignment,whether or not the breach or obligation also related to a period before the assignment;

(

b) the former tenant is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to

the period before the assignment;

(

c) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding.

Application of section

(6) This

section applies with respect to all tenants, regardless of the nature of their tenancies, but does not apply with respect to a tenant of superintendent's premises.

Subletting rental unit

(1) With the consent of the landlord, a tenant may sublet a rental unit to another person, thus giving the other person the right to occupy the rental unit for a term ending on a specified date before the end of the

tenant's term or period and giving the tenant the right to resume occupancy on that date.

Same

(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant.

Charges

(3) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to a subletting.

Consequences of subletting

(4) If a tenant has sublet a rental unit to another person,

(

a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenant's obligations under the tenancy agreement or this Act during the subtenancy; and

(

b) the subtenant is entitled to the benefits, and is liable to the tenant for the breaches, of the subtenant's obligations under the subletting agreement or this Act during the subtenancy.

Overholding subtenant

(5) A subtenant has no right to occupy the rental unit after the end of the subtenancy.

Application of section

(6) This

section applies with respect to all tenants, regardless of the nature of their tenancies, but does not apply with respect to a tenant of superintendent's premises.

ENTRY INTO RENTAL UNIT OR RESIDENTIAL COMPLEX

Privacy

19. A landlord may enter a rental unit only in accordance with

section 20 or 21.

Entry without notice, emergency, consent

(1) A landlord may enter a rental unit at any time without written notice,

(

a) in cases of emergency; or

(

b) if the tenant consents to the entry at the time of entry.

Same, housekeeping

(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,

(

a) the landlord enters the unit at the times specified in the tenancy agreement; or

(

b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.

Entry to show rental unit

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(

a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(

b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

(

c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so.

Entry with notice

(1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

1. To carry out a repair or do work in the rental unit.

2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

3. To allow a potential purchaser to view the rental unit when the residential complex is listed for sale.

4. For any other reasonable reason for entry specified in the tenancy agreement.

Same

(2) The written notice under subsection (1) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m.

Entry by canvassers

22. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access

for the purpose of canvassing or distributing election material.

Changing locks

(1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the

tenant replacement keys.

Same

(2) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord.

ADDITIONAL RESPONSIBILITIES OF LANDLORD

Landlord's responsibility to repair

(1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and

maintenance standards.

Same

(2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement.

Landlord's responsibility re services

25. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an orderevicting the tenant is executed, withhold reasonable supply of any vital service, care service or food that

it is the landlord's obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food.

Landlord not to interfere with reasonable enjoyment

26. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or

the residential complex in which it is located for all usual purposes by a tenant or members of his or her household.

Landlord not to harass, etc.

27. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant.

ADDITIONAL RESPONSIBILITY OF TENANT

Cleanliness

28. The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it.

ENFORCEMENT OF RIGHTS UNDER THIS PART

Distress abolished

29. No landlord shall, without legal process, seize a tenant's property for default in the payment of rent or for the breach of any other obligation of the tenant.

Tenant applications

(1) A tenant or former tenant of a rental unit may apply to the Tribunal for any of the following orders:

1. An order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant.

2. An order determining that the landlord breached the obligations under subsection 24 (1).

3. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit.

4. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to bealtered during the tenant's

occupancy of the rental unit without giving the tenant replacement keys.

5. An order determining that the landlord, superintendent or agent of the landlord has withheld the reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or

deliberately interfered with the reasonable supply of any vital service, care service or food.

6. An order determining that the landlord, superintendent or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of his or

her household.

7. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant's occupancy of the rental unit.

Time limitation

(2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred.

Order re assignment, sublet

(1) If the Tribunal determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under paragraph 1 of subsection 30 (1), the Tribunal may do one or more of the following:

1. Order that the assignment or sublet is authorized.

2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant.

3. Order that the tenancy be terminated.

4. Order an abatement of the tenant's or former tenant's rent.

Same

Same

(3) If an order is made under paragraph 1 or 2 of subsection (1), the assignment or sublet shall have the same legal effect as if the landlord had consented to it.

Order, repair, comply with standards

(1) If the Tribunal determines in an application under paragraph 2 of subsection 30 (1) that a landlord has breached the obligations under subsection 24 (1), the Tribunal may do one or more of the following:

1. Terminate the tenancy.

2. Order an abatement of the rent.

3. Authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant.

4. Order the landlord to do specified repairs or other work within a specified time.

5. Make any other order that it considers appropriate.

Same

(2) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal.

Order, subs. 30 (1), pars. 3 to 7,

(1) If the Tribunal determines that a landlord, a superintendent or an agent of a landlord has done one or more of the activities set out in paragraphs 3 to 7 of subsection 30 (1), the Tribunal may,

(

a) order that the landlord, superintendent or agent may not engage in any further activities listed in those paragraphs against any of the tenants in the residential complex;

(

b) order an abatement of rent;

(

c) order that the landlord pay to the Tribunal an administrative fine not exceeding the greater of $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located;

(

d) order that the tenancy be terminated;

(

e) make any other order that it considers appropriate.

Same

(2) If the tenant or former tenant was harassed, obstructed, coerced, threatened or interfered with in such a manner that he or she was induced to vacate the rental unit at any time before the order is issued, the Tribunal may, in addition to

theremedies set out in subsection (1), order that the landlord pay a specified sum to the tenant as compensation for,

(

a) all or any portion of any increased rent which the tenant has incurred or will incur for a one year period after the tenant has left the rental unit; and

(

b) reasonable out of pocket moving, storage and other like expenses which the tenant has incurred or will incur.

Locking systems, landlord application re: alteration

34. If a tenant alters a locking system, contrary to subsection 23 (2), the landlord may apply to the Tribunal for an order determining that the tenant has altered the locking system on a door giving entry to the rental unit or

the residential complex or caused the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord.

Locking systems, order

35. If the Tribunal in an application under

section 34 determines that a tenant has altered the locking system or caused it to be altered, the Tribunal may order that the tenant provide the landlord with keys or pay the

landlord the reasonable out of pocket expenses necessary to change the locking system.

HUMAN RIGHTS CODE

Selecting prospective tenants

36. In selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code , income information, credit checks, credit references, rental history, guarantees,

or other similar business practices as prescribed in the regulations made under the Human Rights Code.

PART III

SECURITY OF TENURE AND TERMINATION OF TENANCIES

SECURITY OF TENURE

Tenancy terminated

(1) A tenancy may be terminated only in accordance with this Part.

Same

(2) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy.

When agreement void

(3) An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into,

(

a) at the time the tenancy agreement is entered into; or

(

b) as a condition of entering into the tenancy agreement.

When notice void

(4) A tenant's notice to terminate a tenancy is void if it is given,

(

a) at the time the tenancy agreement is entered into; or

(

b) as a condition of entering into the tenancy agreement.

Deemed renewal where no notice

that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act.

Same

(2) If the period of a periodic tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another week, month, year or other period, as the case may be.

Restriction on recovery of possession

39. A landlord shall not recover possession of a rental unit subject to a tenancy unless,

(

a) the tenant has vacated or abandoned the unit; or

(

b) an order of the Tribunal evicting the tenant has authorized the possession.

Disposal of abandoned property, tenant vacates unit

(1) A landlord may sell, retain for the landlord's own use or otherwise dispose of property in a rental unit or the residential complex if the tenant has vacated the rental unit in accordance with,

(

a) a notice of termination of the landlord or the tenant;

(

b) an agreement between the landlord and tenant to terminate the tenancy; or

(

c) an order of the Tribunal terminating the tenancy.

Same

(2) A landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant's property in accordance with subsection (1).

Agreement

(3) A landlord and a tenant may agree to terms other than those set out in subsections (1) and (2) with regard to the disposal of the tenant's property.

NOTICE OF TERMINATION -

GENERAL PROVISIONS

Notice of termination

(1) Where this Act permits a landlord or tenant to terminate a tenancy by notice, the notice shall be in a form approved by the Tribunal and shall,

(

a) identify the rental unit for which the notice is given;

(

b) state the date on which the tenancy is to terminate; and

(

c) be signed by the person giving the notice, or the person's agent.

Same

(2) If the notice is given by a landlord, it shall also set out the reasons for the termination and inform the tenant that,

(

a) if the tenant does not vacate the rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy and evicting the tenant; and

(

b) if the landlord applies for an order, the tenant is entitled to dispute the application.

Where notice void

42. A notice of termination becomes void 30 days after the termination date specified in the notice unless,

(

a) the tenant vacates the rental unit before that time; or

(

b) the landlord applies for an order terminating the tenancy and evicting the tenant before that time.

Compensation when rental unit not vacated

(1) A landlord is entitled to compensation for the use and occupation of a rental unit by any unauthorized occupant or after the tenancy has been terminated by notice.

Effect of payment of arrears

(2) Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy,

(

a) by accepting arrears of rent or compensation for use or occupation of a rental unit after notice of termination of the tenancy has been given; or

(

b) by giving the tenant a notice of rent increase.

NOTICE OF TERMINATION -

END OF PERIOD OR TERM OF TENANCY

Tenant's notice to terminate tenancy, end of period or term

44. A tenant may terminate a tenancy at the end of a period of the tenancy or at the end of the term of a tenancy for a fixed term by giving notice of termination to the landlord in accordance with

section 45.

Period of notice, daily or weekly tenancy

(1) A notice under

section 44 or 57 to terminate a daily or weekly tenancy shall be given at least 28 days before the date the termination is specified to be effective and that date shall be on the last day of a rental

period.

Period of notice, monthly tenancy

(2) A notice under

section 44 or 57 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.

Period of notice, yearly tenancy

(3) A notice under

section 44 or 57 to terminate a yearly tenancy shall be given at least 60 days before the last day of a yearly period on which the tenancy is based.

Period of notice, tenancy for fixed term

(4) A notice under

section 44 or 57 to terminate a tenancy for a fixed term shall be given at least 60 days before the expiration date specified in the tenancy agreement, to be effective on that expiration date.

Period of notice, February notices

(5) A tenant who gives notice under subsection (2), (3) or (4), which specifies that the termination is to be effective on the last day of February or the last day of March in any year, shall be deemed to have given at least 60 days notice of

termination if the notice is given not later than January 1 of that year in respect of a termination which is to be effective on the last day of February or February 1 of that year in respect of a termination which is to be effective on the last

day of March.

NOTICE BY TENANT FOR TERMINATION

ASSIGNMENT OF TENANCY REFUSED

Notice by tenant

(1) A tenant may give notice of termination of a tenancy if the landlord has chosen not to allow the tenant to assign the rental unit under subsection 17 (2).

Same

(2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days.

DEATH OF TENANT

Death of tenant

(1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant.

Reasonable access

(2) The landlord shall, until the tenancy is terminated under subsection (1),

(

a) preserve any property of a tenant who has died that is in the rental unit or the residential complex other than property that is unsafe or unhygienic; and

(

b) afford the legal or other representative of the estate of a tenant reasonable access to the rental unit and the residential complex for the purposes of removing the tenant's property.

Landlord may dispose of property

(1) The landlord may sell, retain for the landlord's own use or otherwise dispose of property of a tenant who has died that is in a rental unit and in the residential complex in which the rental unit is located,

(

a) if the property is unsafe or unhygienic, immediately; and

(

b) otherwise, after the tenancy is terminated under

section 47.

Same

(2) Subject to subsections (3) and (4), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with subsection (1).

Same

(3) If, within six months after the tenant's death, the estate of a tenant claims any property of the tenant that the landlord has sold, the landlord shall pay to the estate the amount by which the proceeds of sale exceed the sum of,

(

a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and

(

b) any arrears of rent.

Same

(4) If, within the six month period after the tenant's death, the estate of the tenant claims any property of the tenant that the landlord has retained for the landlord's own use, the landlord shall return the property to the tenant's

estate.

Agreement

(5) A landlord and the legal or other representative of a deceased tenant may agree to terms other than those set out in

section 47 and this

section with regard to the termination of the tenancy and disposal of the tenant's property.

NOTICE BY LANDLORD FOR TERMINATION

AT END OF PERIOD OR TERM

Notice, landlord personally, etc., requires unit

(1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord's spouse or a child or parent

of one of them.

Period of notice

(2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

Earlier termination by tenant

(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.

Same

(4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given.

Where purchasing landlord personally requires unit

(1) A landlord of a house that is subject to a tenancy agreement may give notice to the tenant on behalf of a purchaser of the house to terminate the tenancy if,

(

a) the landlord has entered into an agreement of purchase and sale to sell the house; and

(

b) the purchaser in good faith requires possession of the house or a unit in it for the purpose of residential occupation by the purchaser, the purchaser's spouse or a child or parent of one of them.

Period of notice

(2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

Earlier termination by tenant

(3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.

Same

(4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given.

Definition

(5) In this section,

"house" means a detached or semi-detached house, a row house, a mobile home, a land lease home or a condominium unit.

Notice, demolition, conversion or repairs

(1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to,

(

a) demolish it;

(

b) convert it to use for a purpose other than residential premises; or

(

c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit.

Same

(2) The date for termination specified in the notice shall be at least 120 days after the date the notice is given and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

Same

(3) A notice under clause (1) (

c) shall inform the tenant that if he or she wishes to exercise the right of first refusal under

section 54 to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that

fact in accordance with subsection 54 (2) before vacating the rental unit.

Earlier termination by tenant

(4) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.

Same

(5) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given.

Conversion to condominium, security of tenure

(1) Where a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act on or after the day this

section is proclaimed in force, a landlord may not

give a notice under

section 49 or 50 to a person who was a tenant of a rental unit when it became subject to a registered declaration and description under the Condominium Act .

Proposed units, security of tenure

(2) Where a rental unit is not subject to a registered declaration and description under the Condominium Act and the landlord has entered into an agreement of purchase and sale of a proposed unit as defined under that Act, the landlord

may not give a notice under

section 49 or 50 to the tenant of the rental unit.

Non-application of section

(3) If the rental unit first rented in the residential complex was first rented on or after the day that is two years before the day this

section is proclaimed in force, subsection (1) does not apply with respect to the residential complex

until the day that is the later of,

(

a) two years after the day on which the first rental unit was first rented; and

(

b) two years after the day this

section is proclaimed in force.

Conversion to condominium, right of first refusal

(4) If a landlord receives an acceptable offer to purchase a condominium unit converted from rented residential premises and still occupied by a tenant who was a tenant on the date of the registration referred to in subsection (1) or an

Same

(5) The landlord shall give the tenant at least 72 hours notice of the offer to purchase the unit before accepting the offer.

Exception

(6) Subsection (4) does not apply when,

(

a) the offer to purchase is an offer to purchase more than one unit; or

(

b) the unit has been previously purchased since that registration, but not together with any other units.

Compensation, demolition or conversion

53. A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if,

(

a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use;

(

b) the residential complex in which the rental unit is located contains at least five residential units; and

(

c) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act.

Tenant's right of first refusal, repair or renovation

(1) A tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may, in accordance with this section, have a right of first refusal to occupy the rental unit as a tenant when the

repairs or renovations are completed.

Written notice

(2) A tenant who wishes to have a right of first refusal shall give the landlord notice in writing before vacating the rental unit.

Rent to be charged

(3) A tenant who exercises a right of first refusal may re-occupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant's tenancy.

Change of address

(4) It is a condition of the tenant's right of first refusal that the tenant inform the landlord in writing of any change of address.

Tenant's right to compensation, repair or renovation

(1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under

section 51 for the purpose of repairs or renovations in an amount equal to three months rent or shall offer the tenant another

rental unit acceptable to the tenant if,

(

a) the tenant does not intend to return to the rental unit after the repairs or renovations are complete;

(

b) the residential complex in which the rental unit is located contains at least five residential units; and

(

c) the repair or renovation was not ordered to be carried out under the authority of this or any other Act.

Same

(2) If a tenant has given a landlord notice under subsection 54 (2) with respect to a rental unit in a residential complex containing at least five residential units, the tenant is entitled to compensation in an amount equal to the rent for the

lesser of three months and the period the unit is under repair or renovation.

Tenant's right to compensation, severance

56. A landlord of a residential complex that is created as a result of a severance shall compensate a tenant of a rental unit in that complex in an amount equal to three months rent or offer the tenant another rental unit

acceptable to the tenant if,

(

a) before the severance, the residential complex from which the new residential complex was created had at least five residential units;

(

b) the new residential complex has fewer than five residential units; and

(

c) the landlord gives the tenant a notice of termination under

section 51 less than two years after the date of the severance.

Notice end of term, additional grounds

(1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds:

1. The tenant has persistently failed to pay rent on the date it becomes due and payable.

2. The rental unit that is the subject of the tenancy agreement is a rental unit as described in paragraph 1, 2 or 3 of subsection 5 (1) and the tenant has ceased to meet the qualifications required for occupancy of the rental unit.

3. The tenant was an employee of an employer who provided the tenant with the rental unit during the tenant's employment and the employment has terminated.

4. The tenancy arose by virtue of or collateral to an agreement of purchase and sale of a proposed unit within the meaning of the Condominium Act in good faith and the agreement of purchase and sale has been terminated.

Period of notice

(2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in

section 45 and shall not be before the end of the period of the tenancy or, where the tenancy is for

a fixed term, the end of the term.

NOTICE BY LANDLORD FOR TERMINATION

BEFORE END OF PERIOD OR TERM

Non-payment of rent

(1) If a tenant fails to pay rent in accordance with a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than,

(

a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and

(

b) the 14th day after the notice is given, in all other cases.

Contents of notice

(2) The notice shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying that rent and any other rent that has become owingunder the tenancy agreement before the notice of

termination becomes effective.

Notice void if rent paid

(3) The notice of termination under this

section is void if the tenant pays the rent that is due in accordance with the tenancy agreement before the day the landlord applies to the Tribunal to terminate the tenancy.

Termination for cause, illegal act

(1) A landlord may give a tenant notice of termination of the tenancy if the tenant commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the

residential complex.

Termination for cause, misrepresentation of income

(2) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 2 or 3 of subsection 5 (1) and the tenant has knowingly and materially misrepresented his or her income or that

of other members of his or her family occupying the rental unit.

Notice

(3) A notice of termination under this

section shall,

(

a) provide a termination date not earlier than the 20th day after the notice is given; and

(

b) set out the grounds for termination.

Termination for cause, damage

(1) A landlord may give a tenant notice of termination of the tenancy if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the

residential complex.

Notice

(2) A notice of termination under this

section shall,

(

a) provide a termination date not earlier than the 20th day after the notice is given;

(

b) set out the grounds for termination; and

(

c) require the tenant, within seven days, to pay to the landlord the reasonable costs of repair or to make the repairs.

Notice void if tenant complies

(3) The notice of termination under this

section is void if the tenant, within seven days after receiving the notice, makes the repair, pays the reasonable costs of repair or makesarrangements satisfactory to the landlord to pay the costs or to

make the repairs.

Termination for cause, reasonable enjoyment

(1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable

enjoyment of the residential complex for all usual purposes by the landlord or any other tenant.

Termination for cause, act impairs safety

(2) A landlord may give a tenant notice of termination of the tenancy if,

(

a) an act or omission of the tenant or a person permitted in the residential complex by the tenant seriously impairs or has seriously impaired the safety of another tenant in the residential complex or another lawful right, privilege or

interest of the other tenant; and

(

b) the act or omission occurs in a rental unit or the residential complex.

Notice

(3) A notice of termination under this

section shall,

(

a) provide a termination date not earlier than the 20th day after the notice is given;

(

b) set out the grounds for termination; and

(

c) require the tenant, within seven days, to stop the conduct or activity or correct the omission set out in the notice.

Notice void if tenant complies

(4) The notice of termination under this

section is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission.

Termination for cause, too many persons

(1) A landlord may give a tenant notice of termination of the tenancy if the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by

law.

Notice

(2) A notice of termination under this

section shall,

(

a) provide a termination date not earlier than the 20th day after the notice is given;

(

b) set out the details of the grounds for termination; and

(

c) require the tenant, within seven days, to reduce the number of persons occupying the rental unit to comply with health, safety or housing standards required by law.

Notice void if tenant complies

(3) The notice of termination under this

section is void if the tenant, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the rental unit.

Notice of termination, further contravention

(1) A landlord may give a tenant notice of termination of the tenancy if,

(

a) a notice of termination under

section 60, 61 or 62 or under an equivalent provision of

Part IV of the Landlord and Tenant Act has become void as a result of the tenant's compliance with the terms of the notice; and

(

b) the tenant contravenes any of

section 59, 60, 61 or 62 within six months after the first notice became void.

Same

(2) The notice under this

section shall set out the date it is to be effective and that date shall not be earlier than the 14th day after the notice is given.

SUPERINTENDENT'S PREMISES

Superintendent's premises

(1) If a landlord has entered into a tenancy agreement with respect to a superintendent's premises, unless otherwise agreed, the tenancy terminates on the day on which the employment of the tenant is terminated.

Same

(2) A tenant shall vacate a superintendent's premises within one week after his or her tenancy is terminated.

No rent charged for week

(3) A landlord shall not charge a tenant rent or compensation or receive rent or compensation from a tenant with respect to the one week period mentioned in subsection (2).

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS GIVEN NOTICE OF TERMINATION

Application by landlord

(1) A landlord may apply to the Tribunal for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Part or under the former

Part IV of the Landlord

and Tenant Act .

Same

(2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice.

Landlord personally requires premises

(1) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under

section 65 based on a notice of termination under

section 49 or 50 unless the person who personally requires the

rental unit files with the Tribunal a declaration certifying that the person in good faith requires the rental unit for his or her own personal use.

Same

(2) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under

section 65 based on a notice of termination under

section 49 or 50 where the landlord's claim is based on a tenancy agreement or

occupancy agreement that purports to entitle the landlord to reside in the rental unit unless,

(

a) the application is brought in respect of premises situate in a building containing not more than four residential units; or

(

b) the landlord, the landlord's spouse or a child or parent of the landlord or his or her spouse has previously been a genuine occupant of the premises.

Demolition, conversion, repairs

67. The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under

section 65 based on a notice of termination under

section 51 unless it is satisfied that,

(

a) the landlord intends in good faith to carry out the activity on which the notice of termination was based; and

(

b) the landlord has obtained all necessary permits or other authority that may be required to do so.

Non-payment of rent

(1) A landlord may not apply to the Tribunal for an order terminating a tenancy and evicting the tenant based on a notice of termination under

section 58 before the notice of termination becomes effective.

Discontinuance where rent paid

(2) If an application is brought under

section 65 based on a notice of termination under

section 58 and if before an order under the application has become final the tenant pays to the Tribunal all the rent in arrears and compensation owing

under

section 43 as well as the costs of the application, that part of the application relating to eviction of the tenant, arrears of rent and compensation is discontinued and any order under it is void.

Illegal act or misrepresentation of income

69. The Tribunal may issue an order terminating a tenancy and evicting a tenant in an application referred to under

section 65 based on a notice of termination under

section 59 whether or not the tenant or other person has been

convicted of an offence relating to an illegal act, trade, business or occupation.

Notice gives 7 days to correct

(1) A landlord may not apply to the Tribunal for an order terminating a tenancy and evicting the tenant based on a notice of termination under

section 60, 61 or 62 before the seven day remedy period specified in the notice

expires.

Application based on animals

(2) If an application claiming substantial interference with the reasonable enjoyment of a residential complex is based on the presence, control or behaviour of an animal in or about the residential complex, the Tribunal shall not make an order

terminating the tenancy and evicting the tenant without being satisfied that the tenant is keeping an animal and that,

(

a) subject to subsection (3), the past behaviour of an animal of that species has substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or other tenants;

(

b) subject to subsection (4), the presence of an animal of that species has caused the landlord or another tenant to suffer a serious allergic reaction; or

(

c) the presence of an animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants.

Same

(3) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (

a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference.

Same

(4) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (

b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction.

Immediate application

71. Unless specifically provided otherwise in this Act or the former

Part IV of the Landlord and Tenant Act , a landlord who has served a notice of termination may apply immediately to the Tribunal under

section 65 for

an order terminating the tenancy and evicting the tenant.

APPLICATION TO TRIBUNAL BY LANDLORD -

LANDLORD HAS NOT GIVEN NOTICE OF TERMINATION

Agreement to terminate, tenant's notice

(1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy and evicting the tenant if,

(

a) the landlord and tenant have entered into an agreement to terminate the tenancy and the tenant has not vacated the rental unit by the agreed termination date; or

(

b) the tenant has given the landlord notice of termination of the tenancy and the tenant has not vacated the rental unit by the termination date set out in the notice.

Same

(2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be.

Same

(3) An application under subsection (1) shall not be made later than 30 days after the termination date specified in the agreement or notice.

Order

(4) On receipt of the application, the Tribunal may make an order terminating the tenancy and evicting the tenant.

Same

(5) An order under clause (1) (

a) shall be effective not earlier than the date specified in the agreement.

Set aside order

(6) The respondent may make a motion to the Tribunal, on notice to the applicant, to have the order set aside within 10 days after the order is issued.

Same

(7) An order under subsection (6) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of the court during the stay.

Same

(8) If the Tribunal sets the order aside, the Tribunal shall hear the merits of the application.

Abandonment of rental unit

73. If a landlord believes that a tenant has abandoned a rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy.

Landlord may dispose of property, abandoned unit

(1) If a landlord obtains an order terminating a tenancy under

section 73, the landlord may dispose of property in the rental unit and in the residential complex in which it is located as follows:

1. The landlord may dispose of any unsafe or unhygienic items immediately.

2. The landlord may sell, retain for the landlord's own use or otherwise dispose of any other items if 30 days have passed after the day the order terminating the tenancy was issued, so long as the tenant has not claimed the property.

Tenant's claim to property

(2) If, before the 30 days have passed, the tenant notifies the landlord that he or she intends to remove property referred to in paragraph 2 of subsection (1), the tenant may remove the property within that 30 day period.

Same

(3) If the tenant notifies the landlord in accordance with subsection (2) that he or she intends to remove the property, the landlord shall make the property available to the tenant at a reasonable time and within a reasonable proximity to the

rental unit.

Same

(4) The landlord may require the tenant to pay the landlord for arrears of rent and any reasonable out of pocket expenses incurred by the landlord in moving, storing or securing the tenant's property before allowing the tenant to remove the

property.

Same

(5) If, within six months after the day the order terminating the tenancy is issued, the tenant claims any of his or her property that the landlord has sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed

the sum of,

(

a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and

(

b) any arrears of rent.

No liability

(6) Subject to subsections (3) and (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section.

Superintendent's premises

75. The landlord may apply to the Tribunal for an order terminating the tenancy of a tenant of superintendent's premises and evicting the tenant if the tenant does not vacate the rental unit within one week of the termination

of his or her employment.

Unauthorized occupancy

(1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under

section 17 or a subletting authorized under

section 18, the landlord may apply to the Tribunal

for an order evicting the person to whom occupancy of the rental unit was transferred.

Time limitation

(2) An application under this

section must be made no later than 60 days after the landlord discovers the unauthorized occupancy.

LANDLORD OR TENANT APPLICATION

OVERHOLDING SUBTENANT

Overholding subtenant

(1) If a subtenant continues to occupy a rental unit after the end of the subtenancy, the landlord or the tenant may apply to the Tribunal for an order evicting the subtenant.

Time limitation

(2) An application under this

section must be made within 60 days after the end of the subtenancy.

EVICTION ORDERS

Effective date of order

(1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Tribunal for an order evicting the tenant, the order of the Tribunal evicting the tenant may not be effective

earlier than the date of termination set out in the notice.

Same, default order

(2) Where a default order provides for the eviction of a person from a rental unit, the eviction order shall take effect 11 days after the order is issued.

Power of Tribunal, eviction

(1) Upon an application for an order evicting a tenant or subtenant, the Tribunal may, despite any other provision of this Act or the tenancy agreement,

(

a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or

(

b) order that the enforcement of the order of eviction be postponed for a period of time.

Same

(2) Without restricting the generality of subsection (1), the Tribunal shall refuse to grant the application where satisfied that,

(

a) the landlord is in serious breach of the landlord's responsibilities under this Act or of any material covenant in the tenancy agreement;

(

b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord's violation of a law dealing with health, safety, housing or maintenance standards;

(

c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;

(

d) the reason for the application being brought is that the tenant is a member of a tenants' association or is attempting to organize such an association; or

(

e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.

No eviction before compensation, demolition or conversion

(3) The Tribunal shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with

section

53, 55 or 56, as the case may be.

No eviction before compensation, repair or renovation

(4) If a tenant has given a landlord notice under subsection 54 (2), the Tribunal shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in an amount equal to the

rent for the amount of time the landlord estimates is required to complete the repair or renovation.

Effect of eviction order

80. An order evicting a person shall have the same effect, and shall be enforced in the same manner, as a writ of possession.

OTHER LANDLORD APPLICATIONS

Arrears of rent

(1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if,

(

a) the tenant has not paid rent lawfully required under the tenancy agreement; and

(

b) the tenant is in possession of the rental unit.

Compensation, overholding tenant

(2) If a tenant is in possession of a rental unit after the tenancy has been terminated, the landlord may apply to the Tribunal for an order for the payment of compensation for the use and occupation of a rental unit after a notice of

termination or an agreement to terminate the tenancy has taken effect.

Same

(3) In determining the amount of arrears of rent, compensation or both owing in an order for termination of a tenancy and the payment of arrears of rent, compensation or both, the Tribunal shall subtract from the amount owing the amount of any

rent deposit or interest on a rent deposit that would be owing to the tenant on termination.

Compensation for damage

82. A landlord may apply to the Tribunal for an order for compensation if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the

residential complex and the tenant is in possession of the rental unit.

Compensation, misrepresentation of income

83. If a landlord has a right to give a notice of termination under subsection 59 (2), the landlord may apply to the Tribunal for an order for the payment of money the tenant would have been required to pay if the tenant had

not misrepresented his or her income or that of other members of his or her family, so long as the application is made while the tenant is in possession of the rental unit.

OTHER TENANT NOTICES AND APPLICATIONS

Compensation, overholding subtenant

84. A tenant may apply to the Tribunal for an order for compensation for use and occupation by an overholding subtenant after the end of the subtenancy if the overholding subtenant is in possession of the rental unit at the

time of the application.

Tenant's notice, application re subtenant

85. Sections 58 to 63, 65, 81 and 82 apply with necessary modifications with respect to a tenant who has sublet a rental unit as if the tenant were the landlord and the subtenant were the tenant.

PART IV

CARE HOMES

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

Agreement required

(1) There shall be a written tenancy agreement relating to the tenancy of every tenant in a care home.

Contents of agreement

(2) The agreement shall set out what has been agreed to with respect to care services and meals and the charges for them.

Information to tenant

(1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information.

Effect of non-compliance

(2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service ormeals until after giving the required information package to the tenant.

Tenancy agreement: right to consult

(1) Every tenancy agreement relating to the tenancy of a tenant in a care home shall contain a statement that the tenant has the right to consult a third party with respect to the agreement and to cancel the agreement

within five days after the agreement has been entered into.

Cancellation

(2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it.

Entry check condition of tenant

(1) Despite

section 19, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so.

Right to revoke provision

(2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord.

Assignment, subletting in care homes

90. A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements

or guidelines set by the landlord.

Termination, care homes

91. Despite

section 45, a tenant of a care home may terminate a tenancy at any time by giving at least 30 days notice of termination to the landlord.

Notice of termination, demolition, conversion or repairs

(1) A landlord who gives a tenant of a care home a notice of termination under

section 51 shall make reasonable efforts to find appropriate alternate accommodation for the tenant.

Same

(2) Sections 53 and 55 do not apply with respect to a tenant of a care home who receives a notice of termination under

section 51 and chooses to take alternate accommodation found by the landlord for the tenant under subsection (1).

TRANSFERRING TENANCY

Application

(1) A landlord may apply to the Tribunal for an order transferring a tenant out of a care home and evicting the tenant if,

(

a) the tenant no longer requires the level of care provided by the landlord; or

(

b) the tenant requires a level of care that the landlord is not able to provide.

Order

(2) The Tribunal may issue an order under clause (1) (

b) only if it is satisfied that,

(

a) appropriate alternate accommodation is available for the tenant; and

(

b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant's care needs.

Same

(3) The Tribunal may not issue a default order in an application under this section.

Mandatory mediation

(4) If a dispute arises, the dispute shall be sent to mediation before the Tribunal makes an order.

Same

(5) If the landlord fails to participate in the mediation, the Tribunal may dismiss the landlord's application.

RULES RELATED TO RENT

Rent in care home

94. If there is more than one tenancy agreement for a rental unit in a care home, the provisions of

Part VI apply with respect to each tenancy agreement as if it were an agreement for a separate rental unit.

Notice of increased charges

(1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord's intention to do so.

Contents of notice

(2) The notice shall be in writing in the form approved by the Tribunal and shall set out the landlord's intention to increase the charge and the new charges for care services and meals.

Effect of non-compliance

(3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice.

Certain charges permitted

(1) Nothing in subsection 130 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the

requirements of sections 87 and 95.

Same

(2) Nothing in subsection 130 (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing care services or meals to the subtenant.

PART V

MOBILE HOME PARKS AND LAND LEASE COMMUNITIES

INTERPRETATION

Part applies to land lease communities

97. This Part applies with necessary modifications with respect to tenancies in land lease communities, as if the tenancies were in mobile home parks.

Interpretation

98. A reference in this Part to a tenant's mobile home shall be interpreted to be a reference to a mobile home owned by the tenant and situated within a mobile home park of the landlord with whom the tenant has a tenancy

agreement.

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS

Tenant's right to sell, etc.

(1) A tenant has the right to sell or lease his or her mobile home without the landlord's consent.

Landlord as agent

(2) A landlord may act as the agent of a tenant in negotiations to sell or lease a mobile home only in accordance with a written agency contract entered into for the purpose of beginning those negotiations.

Same

(3) A provision in a tenancy agreement requiring a tenant who owns a mobile home to use the landlord as an agent for the sale of the mobile home is void.

Landlord's right of first refusal

(1) This

section applies if a tenancy agreement with respect to a mobile home contains a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord.

Same

Same

(3) A tenant shall give a landlord at least 72 hours notice of a person's offer to purchase a mobile home before accepting the person's offer.

Landlord's purchase at reduced price

(4) If a provision described in subsection (1) permits a landlord to purchase a mobile home at a price that is less than the one contained in a prospective purchaser's offer to purchase, the landlord may exercise the option to purchase the

mobile home, but the provision is void with respect to the landlord's right to purchase the mobile home at the lesser price.

For sale signs

(1) A landlord shall not prevent a tenant who owns a mobile home from placing in a window of the mobile home a sign that the home is for sale, unless the landlord does so in accordance with subsection (2).

Alternative method of advertising a sale

1. The prohibition applies to all tenants in the mobile home park.

2. The landlord provides a bulletin board for the purpose of placing for sale advertisements.

3. The bulletin board is provided to all tenants in the mobile home park free of charge.

4. The bulletin board is placed in a prominent place and is accessible to the public at all reasonable times.

Restraint of trade prohibited

(1) A landlord shall not restrict the right of a tenant to purchase goods or services from the person of his or her choice, except as provided in subsection (2).

Standards

(2) A landlord may set reasonable standards for mobile home equipment.

Responsibility of landlord

(1) A landlord is responsible for,

(

a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals;

(

b) maintaining mobile home park roads in a good state of repair;

(

c) removing snow from mobile home park roads;

(

d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair;

(

e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and

(

f) repairing damage to a tenant's property, if the damage is caused by the wilful or negligent conduct of the landlord.

Application for relief

(2) A tenant or former tenant may apply to the Tribunal for relief as a result of a breach of the landlord's obligations under this

section if the application is made within one year after the date the landlord breached the obligation.

Order

(3) In an order under this section, the Tribunal may,

(

a) terminate the tenancy;

(

b) order an abatement of the rent;

(

c) authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant;

(

d) order the landlord to do specified repairs or other work within a specified time;

(

e) make any other order the Tribunal considers appropriate.

Same

(4) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal.

TERMINATION OF TENANCIES

Mobile home abandoned

(1) This

section applies if,

(

a) the tenant has vacated the mobile home in accordance with,

(

i) a notice of termination of the landlord or the tenant,

(ii) an agreement between the landlord and tenant to terminate the tenancy, or

(iii) an order of the Tribunal terminating the tenancy; or

(

b) the landlord has applied for an order under

section 73 and the Tribunal has made an order terminating the tenancy.

Notice to tenant

(2) The landlord shall not dispose of a mobile home without first notifying the tenant of the landlord's intention to do so,

(

a) by registered mail, sent to the tenant's last known mailing address; and

(

b) by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located.

Landlord may dispose of mobile home

(3) The landlord may sell, retain for the landlord's own use or dispose of a mobile home in the circumstances described in subsection (1) beginning 60 days after the notices referred to in subsection (2) have been given if the tenant has not

made a claim with respect to the landlord's intended disposal.

Same

(4) If, within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has already sold, the landlord shall pay to the tenant the amount by which the proceeds of

sale exceed the sum of,

(

a) the landlord's reasonable out of pocket expenses incurred with respect to the mobile home; and

(

b) any arrears of rent of the tenant.

Same

(5) If within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has retained for the landlord's own use the landlord shall return the mobile home to the

tenant.

Same

(6) Before returning a mobile home to a tenant who claims it within the 60 days referred to in subsection (3) or the six months referred to in subsection (5), the landlord may require the tenant to pay the landlord for arrears of rent and any

reasonable expenses incurred by the landlord with respect to the mobile home.

No liability

(7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section.

Death of mobile home owner

105. Sections 47 and 48 do not apply if the tenant owns the mobile home.

Extended notice of termination, special cases

106. If a notice of termination is given under

section 51 with respect to a tenancy agreement for a mobile home owned by the tenant, the date for termination specified in the notice shall be at least one year after the date the

notice is given and shall not be before the end of the period of the tenancy or, where the tenancy is for a fixed term, the end of the term.

RULES RELATED TO RENT

New tenant

107. Despite

section 116, a landlord may not charge a new tenant of a mobile home park a rent which is greater than the last lawful rent charged plus the prescribed amount.

Entrance and exit fees limited

108. A landlord shall not charge for any of the following matters, except to the extent of the landlord's reasonable out of pocket expenses incurred with regard to those matters:

1. The entry of a mobile home into a mobile home park.

2. The exit of a mobile home from a mobile home park.

3. The installation of a mobile home in a mobile home park.

4. The removal of a mobile home from a mobile home park.

PROCEEDINGS BEFORE THE TRIBUNAL

Increased capital expenditures

and (9), the Tribunal may determine the number of years over which the rent increase justified by that capital expenditure may be taken.

Definition

(2) In this section,

"infrastructure work " means work with respect to roads, water supply, fuel, sewage disposal, drainage, electrical systems and other prescribed services and things provided to the mobile home park.

PART VI

RULES RELATING TO RENT

GENERAL RULES

Security deposits, limitation

(1) The only security deposit that a landlord may collect is a rent deposit collected in accordance with

section 111.

Definition

(2) In this

section and

section 111,

"security deposit" means money, property or a right paid or given by, or on behalf of, a tenant of a rental unit to a landlord or to anyone on the landlord's behalf to be held by or for the account of the landlord as security for the

performance of an obligation or the payment of a liability of the tenant or to be returned to the tenant upon the happening of a condition.

Rent deposit may be required

(1) A landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement.

Amount of rent deposit

(2) The amount of a rent deposit shall be the lesser of the amount of rent for one rent period and the amount of rent for one month.

Same

(3) If the lawful rent increases after the landlord has received a rent deposit, the landlord may require the tenant to pay an additional amount to increase the rent deposit up to the amount permitted by subsection (2).

Qualification

(4) A new landlord of a rental unit or a person who is deemed to be a landlord under subsection 47 (1) of the Mortgages Act shall not require a tenant to pay a rent deposit if the tenant has already paid a rent deposit to the prior

landlord of the rental unit.

Exception

(5) Despite subsection (4), if a person becomes a new landlord in a sale from a person deemed to be a landlord under subsection 47 (1) of the Mortgages Act , the new landlord may require the tenant to pay a rent deposit in an amount

equal to the amount with respect to the former rent deposit that the tenant received from the proceeds of sale.

Interest

(6) A landlord of a rental unit shall pay interest to the tenant annually on the amount of the rent deposit at the rate of 6 per cent per year.

Rent deposit applied to last rent

(7) A landlord shall apply a rent deposit that a tenant has paid to the landlord or to a former landlord in payment of the rent for the last rent period before the tenancy terminates.

Transitional

(8) A security deposit paid before the day this

section is proclaimed in force shall be deemed to be a rent deposit for the purposes of this section.

Post-dated cheques

112. Neither a landlord nor a tenancy agreement shall require a tenant to provide post-dated cheques or other negotiable instruments for payment of rent.

GENERAL RULES CONCERNING AMOUNT OF RENT CHARGED

Landlord not to charge more than lawful rent

(1) No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under this Part.

Lawful rent where discounts offered

(2) Where a landlord offers a discount in rent at the beginning of, or during, a tenancy, the lawful rent shall be calculated in accordance with the prescribed rules.

Landlord's duty, rent increases

114. No landlord shall increase the rent charged to a tenant for a rental unit, except in accordance with this Part.

LAWFUL RENT

Lawful rent when this Act comes into force

115. Unless otherwise prescribed, the lawful rent charged to a tenant for a rental unit for which there is a tenancy agreement in effect on the day this

Part comes into force shall be the rent that was charged on the day before

this

section came into force or, if that amount was not lawfully charged under the Rent Control Act, 1992 , the amount that it was lawful to charge on that day.

New tenant

116. Unless otherwise prescribed, the lawful rent for the first rental period under a new tenancy agreement is the rent first charged to the tenant.

Assignment without consent

(1) If a person occupies a rental unit as a result of an assignment of the unit without the consent of the landlord, the landlord may negotiate a new tenancy agreement with the person.

Overholding subtenant

(2) If a subtenant continues to occupy a rental unit after the end of the subtenancy and the tenant has abandoned the rental unit, the landlord may negotiate a new tenancy agreement with the subtenant.

Limitation

(3) Section 116 applies to tenancy agreements entered into under subsection (1) or (2) if they are entered into no later than 60 days after the landlord discovers the unauthorized occupancy.

Deemed assignment

(4) A person's occupation of a rental unit shall be deemed to be an assignment of the rental unit with the consent of the landlord as of the date the unauthorized occupancy began if,

(

a) a tenancy agreement is not entered into under subsection (1) or (2) within the period set out in subsection (3);

(

b) the landlord does not apply to the Tribunal under

section 76 or 77 for an order evicting the person within 60 days of the landlord discovering the unauthorized occupancy.

12-month rule

(1) A landlord who is lawfully entitled to increase the rent charged to a tenant for a rental unit may do so only if at least 12 months have elapsed,

(

a) since the day of the last rent increase for that tenant in that rental unit, if there has been a previous increase; or

(

b) since the day the rental unit was first rented to that tenant, otherwise.

Exception

(2) An increase in rent under

section 124 shall be deemed not to be an increase in rent for the purposes of this section.

Notice of rent increase required

(1) A landlord shall not increase the rent charged to a tenant for a rental unit without first giving the tenant at least 90 days notice of the landlord's intention to do so.

Contents of notice

(2) The notice shall be in a form approved by the Tribunal and shall set out the landlord's intention to increase the rent and the amount of the new rent.

Increase void without notice

(3) An increase in rent is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice.

Deemed acceptance where no notice of termination

120. A tenant who does not give a landlord notice of termination of a tenancy under

section 44 after receiving notice of an intended rent increase under

section 119 shall be deemed to have accepted whatever rent increase would

be allowed under this Act after the landlord and the tenant have exercised their rights under this Act.

GUIDELINE

Guideline increase

(1) No landlord may increase the rent charged to a tenant or to an assignee under

section 17 during the term of their tenancy by more than the guideline except in accordance with sections 122 to 129.

Guideline

(2) The Minister shall determine the guideline in effect for each calendar year as follows:

1. Determine the rent control index taking into account the weights and the three year moving averages of the operating cost categories as set out in the prescribed Table.

2. The part of the guideline allocated to operating costs is equal to 55 per cent of the percentage increase in the rent control index, rounded to the nearest 1/10th of 1 per cent.

3. The guideline is the sum of the part of the guideline allocated to operating costs and 2 per cent.

Publication of guideline

(3) The Minister shall have the guideline for each year published in The Ontario Gazette not later than the 31st day of August of the preceding year.

Guideline for 1997

(4) The guideline for the calendar year 1997 shall be the rent control guideline for 1997 established under the Rent Control Act, 1992 .

AGREEMENTS TO INCREASE, DECREASE RENT

Agreement

(1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if,

(

a) the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or

(

b) the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase.

Same

(2) An agreement under subsection (1) shall be in the form approved by the Tribunal and shall set out the new rent, the tenant's right under subsection (4) to cancel the agreement and the date the agreement is to take effect.

Same

(3) A landlord shall not increase rent charged under this

section by more than the guideline plus 4 per cent of the previous lawful rent charged.

Right to cancel

(4) A tenant who enters into an agreement under this

section may cancel the agreement by giving written notice to the landlord within five days after signing it.

Agreement in force

(5) An agreement under this

section may come into force no earlier than six days after it has been signed.

Notice of rent increase not required

(6) Section 119 does not apply with respect to a rent increase under this section.

When prior notice void

(7) Despite any deemed acceptance of a rent increase under

section 120, if a landlord and tenant enter into an agreement under this section, a notice of rent increase given by the landlord to the tenant before the agreement was entered into

becomes void when the agreement takes effect, if the notice of rent increase is to take effect on or after the day the agreed to increase is to take effect.

Tenant application

(1) A tenant or former tenant may apply to the Tribunal for relief if the landlord and the tenant or former tenant agreed to an increase in rent under

section 122 and,

(

a) the landlord has failed in whole or in part to carry out an undertaking under the agreement;

(

b) the agreement was based on work that the landlord claimed to have done but did not do; or

(

c) the agreement was based on services that the landlord claimed to have provided but did not do so.

Time limitation

(2) No application may be made under this

section more than two years after the rent increase becomes effective.

Order

(3) In an application under this section, the Tribunal may find that some or all of the rent increase above the guideline is invalid from the day on which it took effect and may order the rebate of any money consequently owing to the tenant or

former tenant.

Additional services, etc.

(1) A landlord may increase the rent charged to a tenant for a rental unit as prescribed at any time if the landlord and the tenant agree that the landlord will add any of the following with respect to the tenant's

occupancy of the rental unit:

1. A parking space.

2. A prescribed service, facility, privilege, accommodation or thing.

Non-application of 12-month rule, notice of rent increase

(2) Sections 118 and 119 do not apply with respect to a rent increase under this section.

Coerced agreement void

125. An agreement under

section 122 or 124 is void if it has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord.

Decrease in services, etc.

126. A landlord shall decrease the rent charged to a tenant for a rental unit as prescribed if the landlord and the tenant agree that the landlord will cease to provide anything referred to in subsection 124 (1) with respect to

the tenant's occupancy of the rental unit.

ADDITIONAL GROUNDS FOR RENT INCREASE

Increase to maximum rent

(1) If, on the day this

section is proclaimed in force, a landlord charges rent to a tenant or to an assignee under

section 17 for a rental unit in an amount less than the maximum rent for the rental unit under the

Rent Control Act, 1992 , the landlord may, while the tenant or assignee is still the tenant of the rental unit, increase the rent charged to that tenant up to the maximum rent determined under subsection (2).

Maximum rent

(2) For the purposes of subsection (1), the maximum rent is the amount determined by,

(

a) determining the maximum rent under the Rent Control Act, 1992 on the day before this

section was proclaimed in force;

(

b) adding to that amount any increases in maximum rent resulting from an order issued under

section 21 of the Rent Control Act, 1992 or a notice of carry forward issued under

section 22 of that Act; and

(

c) subtracting from that amount the amount of any decreases in maximum rent ordered under

section 28 or 33 of the Rent Control Act, 1992 .

LANDLORD APPLICATION FOR RENT INCREASE

Increased operating costs, capital expenditures

(1) A landlord may apply to the Tribunal for an order allowing the lawful rent to be increased by more than the guideline for any or all of the rental units in a residential complex in either or both of the following

cases:

1. An extraordinary increase in the cost for municipal taxes and charges or utilities or both for the whole residential complex.

2. Capital expenditures incurred respecting the residential comp