tag:blogger.com,1999:blog-6703393754400182307.post1092898795811116888..comments2024-03-23T06:26:04.205-04:00Comments on Ontario Landlord and Tenant Law: Co-op housing: Evicting Co-op Members at the Landlord and Tenant BoardMichael K. E. Thielehttp://www.blogger.com/profile/10247495615982921581noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-6703393754400182307.post-74616228952780359062016-02-02T10:22:17.126-05:002016-02-02T10:22:17.126-05:00Hi: There are applications that you can file at t...Hi: There are applications that you can file at the Landlord and Tenant Board for residential tenancies covered by the Residential Tenancies Act. Another solution though is to call the city/township and ask them to send an inspector out for property standards. That officer can make an order requiring the landlord to comply failing which the city/township can do the work and charge it back to the owner.<br /><br />It really depends on how you want to proceed. <br /><br />Good luck<br /><br />Michael K. E. Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-37528317661633697682016-01-29T12:53:03.043-05:002016-01-29T12:53:03.043-05:00What about getting things fixed and the landord ju...What about getting things fixed and the landord just ignores it. I mean having a full septic tank tgat needs to be empty and my thermostate doesnt work properly and there is a leak in tge pipes in the basement forcing my water bill tobe so highAnonymoushttps://www.blogger.com/profile/03357087669116382076noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-42182355755274738932014-08-12T17:04:47.280-04:002014-08-12T17:04:47.280-04:00Hi: It seems that serving a Notice of Termination...Hi: It seems that serving a Notice of Termination prior to the Board terminating the membership and occupancy rights would be a nullity. The RTA provides in s.94.2 that termination of the membership and occupancy rights is a precondition to serving a Notice of Termination. If you serve prior to this, I would expect a member to resist the Board application on the basis that the Notice of Termination was served without jurisdiction. The termination dates, depending on the basis for the notice, are set out in the RTA starting at Part V.1 of the Act. Non-payment of Housing charges has a 14 day notice period, voidable on payment of the charges.<br /><br />Michael K. E. ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-79437981837052995372014-08-12T15:34:06.569-04:002014-08-12T15:34:06.569-04:00In an arrears situation, could a co-op issue an N4...In an arrears situation, could a co-op issue an N4C concurrently with the Notice to Appear in order not to have to wait another 14 days after the board meeting to issue forms C and C1? If the board doesn't end the membership and occupancy rights, no C1 would be issued.<br /><br />Where in the law can I find how to set the earliest termination date after the board meeting?<br />Many thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-80964481339985496382014-07-14T15:45:47.576-04:002014-07-14T15:45:47.576-04:00Hi: Let me confirm my understanding of the facts f...Hi: Let me confirm my understanding of the facts from your question. You have signed a lease with a prospective tenant. The tenant is not yet in possession of the rental unit. Your lease requires the tenant to pay a first and last month's rent. The tenant has failed to pay the last month's rent because she has advised you that the post dated cheque will not clear the bank. If these are the facts and there are no other pertinent details then you may consider advising the tenant that you are cancelling the lease on the grounds that she has failed to provide the consideration (payment) that the contract (lease) requires for it to be a valid and binding lease. If you allow her to get possession of the rental property without getting the Last Month's Rent Deposit there will be virtually nothing you can do to get it from her or terminate her tenancy. If you allow yourself to be convinced to give her possession you should make an explicit agreement that the money paid on account of first month's rent is to be applied to the Last Month's Rent deposit and that the first month is therefore due and owing. You may indeed terminate a tenancy for non-payment of rent that has become due and owing.<br /><br />Good luck<br />Michael K. E. ThieleMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-25906016211105117162014-07-14T14:38:02.432-04:002014-07-14T14:38:02.432-04:00Hi,
We signed a Lease agreement with a person and ...Hi,<br />We signed a Lease agreement with a person and she provided post dated cheque as a last month deposit. Just before we could cash it, she sent me an email asking to not cash that cheque because she had problems with her bank and her money are on hold and will be released in two weeks and she will bring me new cheque then.<br />Now, three weeks passed, I still didn't get that cheque and she is not answering my email. The Lease should start on August 5th, but I don't want it anymore. Can I cancel agreement upon the fact that last month deposit is still not provided/<br />Thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-32937185135551051492014-06-27T16:25:42.456-04:002014-06-27T16:25:42.456-04:00I would be interested to know if the Board when gr...I would be interested to know if the Board when granting relief under section 94.12 would be able to restore occupancy and membership rights to members. Is it possible for a full unit to have occupancy rights but not membership rights under the Cooperative Corportations Act? It would to me, make sense that an adjudicator could restore occupancy rights but that the coop be given the autonomy to decide who can be active members and participants in coop business and activities. However I am unsure that the legistlation would allow such a thing. Anonymoushttps://www.blogger.com/profile/18198628170075784649noreply@blogger.com