tag:blogger.com,1999:blog-6703393754400182307.post5190940212754622975..comments2024-03-23T06:26:04.205-04:00Comments on Ontario Landlord and Tenant Law: Non-Payment of RentMichael K. E. Thielehttp://www.blogger.com/profile/10247495615982921581noreply@blogger.comBlogger67125tag:blogger.com,1999:blog-6703393754400182307.post-51837353285953653132020-03-03T07:31:04.704-05:002020-03-03T07:31:04.704-05:00Hi: The Landlord and Tenant Board (LTB) must alw...Hi: The Landlord and Tenant Board (LTB) must always give a tenant an opportunity to pay the rent and stay. There is an Order at the LTB called the "standard order" and though you can't find that phrase in the Residential Tenancies Act it is the order that is issued even in cases where there are no extenuating circumstances (and it is the minimum). The standard Order gives the tenant 11 days to pay the rent (from the date of the Order), plus the costs of the application (max $190), and the eviction Order (i.e. the standard order) is then void.<br /><br />Your question is then answered by saying---yes, the tribunal does give a chance to pay---they do this in every single non-payment of rent case.<br /><br />It is difficult to comment, but I think it is worthwhile to mention this about N4 Notices. The N4 has a termination date on it which is also a payment due date. The N4 sets out the rent arrears. However, you will see in the fine print that the amount that must be paid to void the N4 also includes any rent that has become due since it was served. I presume that since we are now in early March that your March rent has become due since the N4 was served. If that is the case then the amount to void the N4 is the arrears plus new rent.<br /><br />Should you pay the rent? Unless the arrears are impossible to pay and ongoing rent impossible to pay, I recommend that you do pay the rent. Your payment proposal (even though it hasn't had a reply from the landlord) should be followed. If you pay in accordance with what you proposed the Landlord and Tenant Board is more likely to impose that plan on the landlord whether the landlord likes it or not. In fact, if you made the proposal in a timely way, explained the circumstances, and followed the proposal it is arguable that the landlord should never have filed with the LTB (because they should have accepted your proposal) and therefore they are denied their application fee (which is max $190).<br /><br />I hope that helps and good luck with your pregnancy and best wishes.<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-33485759959404427802020-03-02T20:44:01.222-05:002020-03-02T20:44:01.222-05:00Hi Michael
I was recently served an N4 form I fell...Hi Michael<br />I was recently served an N4 form I fell behind about a month and a bit due to early pregnancy complications I was put on bed rest which means I had to stop working and apply for my maternity leave<br />I was very honest and upfront about the situation with my landlords and told them I was just waiting on my maternity pay to start coming in and I would catch up. <br />When I received the N4 I reached out to them to suggest a payment plan towards the arrears since my maternity pay had recently gone through,i told them I would be able to pay the rent in full this month onward while making an additional payment towards the arrears every month.<br />They have yet to respond to my arrangement request the due date for the N4 is tomorrow I've been consistent with rent throughout my entire tenancy to this point I would just like some advice.<br />It looks like they want to take this to the tribunal if that happens I would like to know what my chances are that they would allow me to continue on with tenancy if I can prove i was just in a temporary situation and I am now able to pay rent regularly aswell as put monthly payments towards the arrears.<br />I really would like to clear this up with the landlord as I am in no position to move with a baby on the way and still on bed rest.<br />They have shown up here with no notice 3 weeks in a row with really no reason they didn't come to talk about the rent each time they came they made no mention of it just made up excuses that they wanted to check the fire alarms.<br />I just want to know if I should forward them this month's rent or wait to go to the tribunal and see if they will allow me to make a payment arrangement with the landlord instead of evicting me given the situation. Does the tribunal often give a chance to pay rather then evict?Anonymoushttps://www.blogger.com/profile/12197720379297445922noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-90343938741110487292019-08-11T09:24:34.510-04:002019-08-11T09:24:34.510-04:00Hi:
If you know the names of the persons occupyin...Hi:<br /><br />If you know the names of the persons occupying a rental unit you should include them on the N4 and the ultimate L1 application if the rent arrears are not paid and the N4 is not voided. I would not include the names of minors. <br /><br />If you have a concern about the N4 and L1 application creating a presumption that the original tenant now has a co-tenant then you can raise that at the L1 hearing. The inclusion of the name of the "boyfriend" can be included as "notice" to the boyfriend without actually making him a tenant or binding him to the rent arrears Order. Of course, if you are happy enough that he be considered a tenant then you could leave him included and see if he objects to being characterized as a tenant. At the L1 hearing (the hearing to terminate the tenancy for non-payment of rent) you can advise the adjudicator that the "boyfriend's name" was included as an occupant and for notice purposes, but that he is not a tenant with occupancy rights. The adjudicator may want to then amend the application to remove the boyfriend's name (which is fine), or the adjudicator may leave the boyfriend's name in the Order and simply note in the Order that he is included for the purpose of notice but that the Order vis a vis the rent arrears does not bind him and that he doesn't have the rights of a tenant to void the Order (this is less likely to be the course the adjudicator chooses). <br /><br />A reason to not include new people as tenants on an existing lease (i.e. amending an existing lease to add a tenant) is that adding a new tenant allows an old tenant to just move out without terminating the tenancy agreement. This becomes a way of transferring a lease without interruption of the lease agreement. That may be fine with you if the rent is reasonably reflective of market rent but if it is significantly under market rent you will want the opportunity to raise the rent by terminating the tenancy and re-renting to a new tenant at market rates.<br /><br />Hope that helps<br />Michael K. E. Thiele<br />www.ottawalawyers.com<br /><br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-74005894405747487462019-08-10T11:10:37.753-04:002019-08-10T11:10:37.753-04:00Hi Michael - I have to serve a notice for non-paym...Hi Michael - I have to serve a notice for non-payment of rent to a tenant. When she initially moved in, she was the only one listed on the lease agreement. A year later, she slowly moved in her boyfriend. We know and have acknowledged he is living there with her but have not added him to the lease agreement. Do we need to include the boyfriend on the N4? Thank you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-16394924147699987122019-06-20T05:32:02.730-04:002019-06-20T05:32:02.730-04:00Hi: I don't know where this June 27 date come...Hi: I don't know where this June 27 date comes from. Did the landlord apply on the N8 with an L2 application? Then get a hearing date and then got an Order terminating the tenancy for June 27? If so, and the termination date on the N8 is for August 31, then the adjudicator made a mistake and you should file a request to review. The section of the Residential Tenancies Act that you will want to read is section 80. That section (subject to very limited exceptions set out there) prohibits the Board from making an eviction Order for a date sooner than the termination date set out in the Notice of Termination.<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-63591828351761156162019-06-18T06:49:13.103-04:002019-06-18T06:49:13.103-04:00Good morning.
If a tennant receives a n8 notice f...Good morning. <br />If a tennant receives a n8 notice for persistent late rent with a date to end the lease at the end of the term in in August, the landlord goes to apply for eviction. Is it possible for them to enforce a earlier eviction? The August date was agreed upon already by the tennant to move out. Now they have a notice of eviction for June 27th Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-46701767360748026482019-03-05T12:35:20.487-05:002019-03-05T12:35:20.487-05:00Hi Mr Thiele
What I am referring to is asking for...Hi Mr Thiele<br /><br />What I am referring to is asking for rent checks but never received. They keep making statements they will provide them but don't. They are paying via another method. However at this point I don't trust them to give me checks as they may bounce. <br />Also asking for a key deposit but never received. <br /><br />Falsified the landlord name on the application form, is that a consideration that should be brought up at the hearing? Which I can prove as it isn't hard to get real estate listings of an address.<br /><br />Am I allowed to ask questions to the tenant at the hearing?<br /><br />The lease used is not the standard form as I was unaware of the standard lease form that came out last year. Will that have any bearing and how will it affect the case? I am sure there isn't anything that violates the RTA.<br /><br />Thank you so much for helping.Tim Roatannoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-48520949604666387892019-03-05T06:49:33.845-05:002019-03-05T06:49:33.845-05:00Hi: I hope that I understand your questions but f...Hi: I hope that I understand your questions but fear I might not. Anyway, I'll answer what I think you're asking. 1) if there are legal lease conditions and the tenant is not in compliance then you can serve a Notice of Termination. Typically, for the kinds of lease conditions I think you are referring to you would use a form N5. The N5 can include a breach of a "lawful right interest or privilege" of the landlord which can include a valid lease clause. 2) False rental application information is something that should matter. If you lie or make a misrepresentation to induce someone to enter into a contract there is normally a remedy--which is to set aside the contract, rescind the contract, and perhaps award damages. In contract law there are consequences. The LTB does not have an easy mechanism for dealing with false information provided to form a tenancy agreement. The LTB deals with landlord and tenant relationships where there is valid tenancy agreement. Absent that, the Board does not have jurisdiction. You could, I suppose, file an A1 application to ask the Board to determine if the Act applies. In that application you could argue that the Act does not apply because of the misrepresentation, fraud, or whatever. You should be strong on your contract principles for that case. Presumably, if you convince the Board that the Act does not apply because there is no tenancy agreement then the Board will so Order. That leaves you with a non-RTA covered relationship. The LTB can't help you evict because it has no jurisdiction--so therefore you are left with going to Court--which means getting a lawyer as doing it yourself is likely too cumbersome. 3) The LTB does not consider prior tenancies or past history of a tenant. That would not be considered relevant. However, I have certainly had the experience where the adjudicators are so familiar with a particular person that their past history does influence how they deal with the individual.<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-86836091932161875152019-03-04T20:52:17.299-05:002019-03-04T20:52:17.299-05:00Thank you Mr. Thiele for your response. I have 3 ...Thank you Mr. Thiele for your response. I have 3 more questions if you don't mind answering. <br /><br />If a tenant agrees to conditions on the lease that is legal and allowed to be asked for such as rent checks etc. and keeps mentioning they have it but never provide it? Also if they gave certain false information on the original application rental form ...and also work status... does the LTB consider those things at the hearing? <br />Does the LTB ever look into past history of the tenant from other hearings?<br /><br />Anonymoushttps://www.blogger.com/profile/08713628455742332830noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-39865417263432489132019-03-02T21:01:39.966-05:002019-03-02T21:01:39.966-05:00Hi Tim:
With a pending L1 application there is li...Hi Tim:<br /><br />With a pending L1 application there is likely no need to serve another N4. Attend the hearing and prepare your L1/L9 update sheet for the day of the hearing. You will indicate on the update sheet that you received a month's rent on the 1st of February which still leaves the tenant in arrears 1 month plus the costs of the application. From what you describe, at no time was the N4 voided nor was the application fully paid out. Hence, you will simply continue with the L1. Until the L1 is decided at hearing the tenant will be liable in the application for any new future rent that becomes due (i.e. you don't need to serve a new N4 each time rent is late).<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-32262956453858162982019-03-02T12:39:33.845-05:002019-03-02T12:39:33.845-05:00Hello Mr. Thiele
I am holding rent deposit for la...Hello Mr. Thiele<br /><br />I am holding rent deposit for last month at the end of the term. Rent due is on the 1st of every month.<br />I have a tenant who did not pay on Jan 1st. A N4 was submitted to them the day after on the Jan 2nd. They did not pay during the monthe of Jan. The L1 was submitted after 14 days in Jan. Hearing is tentatively dated late Feb as awaiting LTB acceptance or rejection of application.<br />On the 1st of the Feb month, they paid a month's rent. Not both months rent. Do I assume that the payment is for last month Jan or the 1st of the new month Feb? Is the assumption correct that I submit another N4 for Feb?<br /> Tim Roatannoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-6491316040816758122018-11-24T10:56:37.485-05:002018-11-24T10:56:37.485-05:00Hi: In the LTB context there does not appear to b...Hi: In the LTB context there does not appear to be a running limitation period during the tenancy. Using the Form N4 the Board tends to entertain rent claims going back many years. I'm unaware of any successfully argued limitation defences nor any binding authority on estoppel or an argument that the landlord's delay should deprive the landlord of that claim (though I can see that argument being successful). Once the tenancy ends you'd need to consider a one year or two year limitation period. I think the 2 year would apply but note that the RTA pushes a one year limitation period for most things so I wouldn't be surprised to see such an argument. That being said I would expect the time period to be two years.<br /><br />Michael Thiele<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-45384958901546433512018-10-27T21:49:12.755-04:002018-10-27T21:49:12.755-04:00What is the statute of limitations for this stuff?...What is the statute of limitations for this stuff? Is it the standard 2 years or is it as long as the tenant still lives there?Anonymoushttps://www.blogger.com/profile/16089218817221722156noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-60751311002689605742016-07-02T08:07:36.572-04:002016-07-02T08:07:36.572-04:00Hi: If the tenant wishes to terminate the tenancy...Hi: If the tenant wishes to terminate the tenancy that is his choice. If he pays the rent then the Notice of Termination becomes void and/or the application should not be filed if the rent is paid up in time. If the rent has not been paid then the tenant's statements are only words. If you accept these words be aware that you have no recourse (based on the promises these words represent). I can not say, one way or another, whether to accept your tenant's promises. My advice doesn't hinge on whether the tenant is trustworthy or likely to follow through---you can make that decision based on your gut feeling or other assurances. My advice is to proceed as the law allows. After the 14 days in the N4, wth the rent still not paid, the next step is to file an L1 application with the Landlord and Tenant Board. I recommend doing so at the first opportunity. The tenant will still get lots of chances to pay (and stay) and there will be a number of delays that you still haven't anticipated. If you don't follow the legal process you risk being at a serious disadvantage if the tenant doesn't follow through on the promises he has made.<br /><br />With respect to representation in Toronto you will have to make local inquiries of people you know or call the Law Society of Upper Canada lawyer referral service. Note that this area of the law is also served by licenced paralegals. As long as you get an experienced representative (lawyer or paralegal) you should be fine--I can't emphasize "experience" enough as appearing before administrative tribunals like the Landlord and Tenant Board is nothing like appearing in Court.<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-63219211582917107612016-06-30T23:19:05.442-04:002016-06-30T23:19:05.442-04:00Hi Michael, thank you very much for your advise. F...Hi Michael, thank you very much for your advise. Feels like I made a big mistake by becoming a landlord. This is my first experience and probably the last. I will never rent the property again. Will you be able to suggest a lawyer in the Greater Toronto Region to represent me if I have to go for the hearing. I in fact spoke with the tenant next day to see if I can settle with him, he said he got pissed of that I served him and that he is not a thief. He said he will pay and leave the place. Should I take him by his word? Today is the 14th day since I served him N4 and he has not paid the rent. SAhttps://www.blogger.com/profile/15720628212316551748noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-20958434278987813572016-06-19T14:57:30.682-04:002016-06-19T14:57:30.682-04:00With respect to the N12 based on a sale. You nee...<br />With respect to the N12 based on a sale. You need to be very careful about this. Frankly, be careful and don't automatically trust your real estate agent on this point as I far too often see agents giving the wrong advice.<br /><br />Assuming that you don't get the tenant evicted, you may wish to consider the following procedure when trying to sell your property. Advise the tenant that you are looking to sell the property--do it in writing. Ask the tenant to advise you if there are any critical dates for the tenant or terribly inconvenient times for the tenant to move out. Ask if there is any particular period of time that the tenant needs to find a new place. Don't promise to accommodate that time line but make the inquiry. You should inform the tenant that a purchaser may wish to occupy his unit and if they do, you will be serving an N12 on him. You should mention that the Notice requires only 60 days notice but that you are trying to work with him to facilitate a smooth transition. See what the tenant says. <br /><br />If the tenant comes back with reasonable accommodation requests--i.e. 90 day versus 60 days, or to a specific date because of end of school, change of job, closing of his own house purchase, etc. etc., then you should plan to work around those dates with the purchaser or plan to negotiate something with the tenant (i.e. pay him out) if your purchaser needs to close quickly with vacant possession.<br /><br />Incorporating the tenant's plans into your own marketing and closing conditions is an important and wise thing to do. The opposite approach is that often put forward by real estate agents who tell landlords that the tenant has to get out on 60 days notice and that they are not a problem. Just sign the deal and firm it up. The reality is that the 60 days in an N12 is only a minimum notice period. A tenant does not have to move on 60 days. A tenant could indeed argue for more time to the Board. The Board could (and frequently does) exercise discretion in favour of the tenant and allows the tenant a few more months time. I've seen tenants get over a year of notice and I've successfully argued "refusal" on an N12 on the grounds that a tenant needed the unit more than the landlord. Hence, make no assumptions about the outcome of an N12--for landlord's own use or purchasers own use. <br /><br /><br />The N12 can only be served if the purchaser wants to occupy the premises. If the purchaser plans to rent the unit out the tenant can not be evicted--even if the purchaser needs to re-rent the unit for a higher rent to make the mortgage work. The point, quite simply, is that N12's do not have the automatic eviction outcome that you might expect. However, done properly and taking into account the possible machinations of the tenant in structuring your agreement of purchase and sale you should be able to get to an orderly conclusion without undue stress and pressure. What I am warning against here is signing a deal with a purchaser guaranteeing vacant possession as of a certain date--usually closing---and then not being able to deliver.<br /><br />The risk to you is that the costs of not being able to close, and the legal costs incurred by your purchasers, will be passed on to you when you can't deliver vacant possession because your tenant has refused to move out.<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />Quinn Thiele Mineault Grodzki LLP<br />www.ottawalawyersMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-83159396923590253072016-06-19T14:57:19.469-04:002016-06-19T14:57:19.469-04:00Hi SA:
As you likely know, the N4 (termination fo...Hi SA:<br /><br />As you likely know, the N4 (termination for non-payment of rent) is voidable. If he pays within the time provided or before you apply to the Board, the N4 is void and he gets to stay. The N8 (Termination for Persistent Late Payment of Rent) is different. It is not a voidable notice. You were correct to extend the termination to the end of August if you gave the N8 in June. You needed 60 days to the end of term and serving for the end of July would have been incorrect as you would have been short on the required days of Notice.<br /><br />The N8 and a hearing based on it is not what one would expect. The Board will look at the question of whether rent has been "persistently" late. What does persistent mean? In my experience, Ottawa adjudicators view define persistent as being a number of months in a row. With your tenant being late 3 months late, in a row, you are at the very beginning of "persistent". I would prefer 5 months or evidence of a longer track record of late payments. If your tenant was on time for every month out of the past 12--except for the last 3--and he has a good explanation and can indicate that it won't happen anymore then I think the Board would be reluctant to find this a "persistent" late payment case. However, if there is no explanation and no clear indication that it won't happen anymore you could reasonably expect the Board to find that the tenant is persistently late in payment of rent. The question then will be whether the tenant is prepared to <br />'promise" to pay on time or whether he has some other argument to convince the adjudicator to exercise her discretion in his favour. Typically, the Landlord and Tenant Board will exercise discretion in favour of tenant and allow the tenant to stay so long as the rent is paid on time and in full for the next 12 months. In breach of this condition the Board will give you the right to apply under section 78 (Form L4) for an eviction Order. Hence, winning an N8/L2 application can feel a lot like losing.<br /> Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-18053476181071082882016-06-19T14:08:56.369-04:002016-06-19T14:08:56.369-04:00Hi Jessica: The first sections of the Residential...Hi Jessica: The first sections of the Residential Tenancies Act that you should make yourself familiar with are section 25 (Privacy) and 26 & 27 Entry without and with Notice. The technical requirements of the entry with notice are set out in section 27. <br /><br />There is caselaw that certainly says that giving a general notice of entry between 8 a.m. and 8 p.m. does not meet the requirements of section 27. However, there are no cases that I know of that frown on a window of several hours (even 4 hours). Hopefully you can schedule within that window of time. It will make a difference of course (in your favour) if the person to enter has a service window that is a range of hours that is the same for everyone.<br /><br />Is refused entry upon service of a valid notice grounds for termination? Yes it is. In fact, if you complain to the investigations branch of the ministry of housing they may send your tenant a letter warning her that her behaviour in refusing entry is illegal and contrary to the RTA.<br /><br />If your tenant is a professional headache--there are those types (both landlords and tenants)--you will be setting out on the beginnings of a lengthy eviction process. However, if you don't start you will never solve the problem. You would start with an N5 Notice of Termination on the grounds of a refused entry. Hence, you need to give a proper notice, show up and be refused entry. The tenant does not have a right to be present. However, if the tenant has a "reasonable" reason for refusing, get it in writing and then reschedule. Insisting to enter in the midst of an illness, celebration or other major event is rather boorish and tends not to attract sympathy from the Board. Once you've given proper notice and no reasonable excuse has been received show up to enter. Seek to enter even if the tenant has refused entry. If you are physically refused or locks are changed or something is done to make it unsafe to enter or the circumstances are too volatile---retreat (hopefully have good evidence of the refusal) Then serve an N5. The tenant has 7 days to void the behaviour by not doing what is complained about in the N5. So, serve another Notice of Entry in compliance with the RTA (s. 27). Show up again, within the 7 day window for the inspection. If she allows the inspection then great (you got what you needed). If she refuses then you have proof that the N5 was not voided and you can apply to the Landlord and Tenant Board for eviction (use Form L2). It is important that you have good evidence of the proof of notice, and proof of refusal.<br /><br />The Hearing should lead to an eviction. However, it is unlikely that it will. The adjudicator is likely to be persuaded to give the tenant another chance to comply. This will be the exercise of discretion in favour of the tenant with a section 78 clause allowing you to apply to the Board to evict, without notice to the tenant, if she breaches the condition again. If the refusals have cost you money (i.e. from the contractor charging a cancellation fee) bring proof of payment of those costs and see if you can get the adjudicator to order the tenant to pay those costs as part of the exercise of discretion and condition of the order giving her another chance.<br /><br />Note that even a section 78 breach doesn't give you a clear road to eviction. The tenant can move to set aside your order and another hearing will be scheduled to decide whether the tenant breached or not. All along the way it is incumbent on you to keep great records and have compelling evidence of the tenant's activities. Without those you can't win.<br /><br />Hope that helps you out a bit. Good luck. It must have been pretty bad if the previous landlord sold to get away from this tenant as opposed to simply evicting her. You may want to consider retaining a lawyer or paralegal to shepherd you through this process if your tenant knows how the system works.<br /><br />Good luck<br /><br />Michael K. E. Thiele<br />Quinn Thiele Mineault Grodzki LLP<br />www.ottawalawyers.comMichael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-84843931696201880352016-06-18T21:12:46.986-04:002016-06-18T21:12:46.986-04:00Hi Michael. There are some great questions and ans...Hi Michael. There are some great questions and answers here. Very interesting read. My husband and I are relatively new to rentals as we have recently purchased a duplex with existing tenants. During the purchase process, the previous owner had advised in writing With 48 hours notice that there was an inspector coming for a home inspection to move forward with the agreement of purchase. The inspector said he'd be there between 2:45 and 3:45 pm as he was coming from out of town (roughly 1.5-2 hrs away). He arrived just before 3:45 and one of the tenants refused him entry as "she was told 2:30-3:30" which was not the case (seller had copies of notices given clearly stating the original times). Anyways, we had to have him come back at another time to complete, which ultimately worked out. Now, we've been here for a bit (we live in the house beside the duplex) we need to have someone come in to do another inspection and she has said that she will not be allowing us or our contractor to enter, no matter what days/times we give her. She has been a bit of a problem tenant (which is why the seller was selling in the first place. He just didn't want to deal with it anymore at all and wanted to get out of being a landlord) for a while and is continuing to be a problem tenant. Is this grounds for eviction, for refusing entry after being given the appropriate notice? Would this apply to just my husband and I or also to an agent of ours who is to be inspecting/completing work? What if there was notice and for whatever reason they were late to arrive and try to enter... Can she refuse entry if it was outside the scheduled time? Like given traffic and whatever other conditions, such as inclement road/weather conditions of he were to be 10 or 15 minutes behind schedule, can she deny entry if it's still within the 8am-8pm General timeline but outside his expected arrival time? Finding conflicting information as to whether this would be grounds to proceed with eviction...<br />Thanks so much<br />JessicaJessicanoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-45743915922842231042016-06-17T18:35:22.671-04:002016-06-17T18:35:22.671-04:00Hi Michael, I greatly appreciate the information y...Hi Michael, I greatly appreciate the information you have provided. I have rented out my basement and now the term is ending. Hence I served him with N4 and N8 as he has been persistently late in his rent. Especially the last 2 months, he has paid on 18/20th of the month. Today is the 17th and have not received he rent yet. Last night, I tried to talk to him but he avoided meeting me and I had to go ahead and serve him with N4 and N8. His term technically ends as of July 31, 2016 but since it requires 60 days notice, I put the termination date on N8 as August 31, 2016. What are my chances of getting him evicted. My only concern is what if he refuses to leave. Also I am looking to sell my property, can I serve him with N12 as well when I have a Purchase and Sale Agreement? Usually how long will it take to get the hearing date? I am really worried. Any advise will help.<br /><br />Regards<br /><br />SA<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-85246712775653109712016-06-15T08:08:40.842-04:002016-06-15T08:08:40.842-04:00Hi: Assuming that all is valid with the N12, the ...Hi: Assuming that all is valid with the N12, the tenants are required to pay rent and meet all of their obligations under the Residential Tenancies Act until the tenancy is terminated. The N12 Notice provides a termination date and it is to that date the tenants are responsible to meet their obligations under the RTA. Alternatively, the N12 provides that the tenants may terminate the lease sooner on written notice. If they do, their obligations run until that other termination date. <br /><br />Unfortunately, you are not going to find a section of the Residential Tenancies Act that outright says a tenant must continue to pay rent after receiving a Notice of Termination. Nothing in the N12 says that the obligation to pay rent is suspended. Why the tenants would believe such a thing is perplexing. Perhaps the best thing to suggest to the tenants is to call the Landlord and Tenant Board (give them the 1-800 number) and they can call and ask. Of course, this only works if their position is a sincerely held belief--they may be trying to make off with unpaid rent to pay for their moving costs and first and last month's rent in their new place. <br /><br />Do consider serving an N4, termination for non-payment of rent and get the timeline rolling so that you can apply before they vacate. Alternatively, you might consider serving them with an application for rent arrears (without eviction) which you can do without notice. This second alternative is a bit risky if your N12 turns out to be invalid as an application for rent arrears, without eviction, only gives you a judgment for money but not possession for the rental unit. You can't go back later to ask for possession if the money isn't paid.<br /><br />A big reason to serve the N4 or file the Application for Rent Arrears only, is to get a proceeding started at the Landlord and Tenant Board before the tenants give up possession. You are only allowed to file with the Landlord and Tenant Board (as a landlord) if the tenants are in possession of the rental unit at the time of the application (doesn't matter if they are out of possession at time of the hearing).<br /><br />The water bill is unlikely something that you can get a judgment for at the Landlord and Tenant Board. If the bill will be charged back to you it will be best to apply to the Small Claims Court now to get a Judgement. You can also use this as grounds for termination (Form N5), but based on how the Board is approaching these kinds of charges you can't get an order of payment from the Board for a utility bill.<br /><br />Good luck to you<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-22688560312742314892016-06-14T20:11:06.683-04:002016-06-14T20:11:06.683-04:00Hi Michael. I sold my home and have given my Tenan...Hi Michael. I sold my home and have given my Tenants their notice N12. When they recieved this they stated to my representative that they do not think they are obligated to pay rent anymore. I have given them more than the required 60 days notice and they had paid last month rent. I can't find anything in Tenant responsibilities informing Tenants that they must still pay rent except their last month which was already paid. They already have an outstanding water bill of over $1500.00. Is there any literature which explains this so I can send them a copy? Thank YouAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-55033101787528606122016-06-11T09:06:06.904-04:002016-06-11T09:06:06.904-04:00If a party is unsure about how the requirements of...If a party is unsure about how the requirements of the RTA should be interpreted in a particular case, they may ask in writing for the LTB to issue written directions. The party may also want directions because they have had difficulty in serving documents on another party according to the methods permitted by the RTA and these Rules. Such a party may ask in writing that the LTB issue written directions to serve the documents by another method, as permitted by Rule 5.1. Finally, the LTB may, on its own initiative, direct service on additional parties who should have been served or direct the method of service if there has been some problem to date.<br />Using Courier Delivery<br />5.3 If a notice or document is delivered to another person by courier, it is deemed to be given on the day following the day it was given to the courier but, if that is a non-business day, it is deemed to be given on the next business day.<br />This Rule recognizes that couriers usually deliver documents the next day. If the party who mailed the document can prove that the other party received it earlier than the deemed date, see Rule 5.6. For example, if a party paid for "same day" courier service, and the delivery occurred on the same day the document was given to the courier, it would be found to be given that day.<br />Using Xpresspost<br />5.4 A notice or document given by Xpresspost is deemed to be given by mail.<br />Although Xpresspost is marketed as a courier-like service, a notice or document given by this method is deemed to be given by mail. Subsection 191(3) of the RTA specifies that a notice or document that is given by mail is deemed to have been given on the fifth day after mailing.<br />Using Fax<br />5.5 If a notice or document is given to another person by fax, it will be found to be given on the date imprinted on the fax.<br />If a fax is received by 11:59 P.M. on Monday, it will be found to have been given on Monday. After midnight, it will be found to be given on Tuesday.<br />Earlier Receipt<br />5.6 If the person who gave a notice or document to another person can prove that the person received it on an earlier date than the date deemed by the RTA or these Rules, the LTB will find that it was given on the earlier date.<br />This Rule would apply if, at a hearing, the date of service is an issue. If the other party admits receiving the document earlier than five days after mailing, this would be accepted. If the party who gave the document can show in some other way that the other party received it earlier, the earlier date may be accepted.Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-64153874304008604472016-06-11T09:05:55.140-04:002016-06-11T09:05:55.140-04:00______________________________________________
Ex...______________________________________________<br /><br />Excerpted From Landlord and Tenant Board Rules (full rules on the Landlord and Tenant Board Website)<br /><br />R5 Serving a Document on Another Party<br />Legislation:<br />Section 191 of the Residential Tenancies Act, 2006 (the 'RTA')<br />Related Rules:<br />Rules 4.1 to 4.5 (Computation of Time)<br />Rules 10.1 to 10.8 (Serving the Application or Motion & Notice of Hearing)<br />Rules 11.1 to 11.4 (Certificates of Service)<br />Section 191 of the RTA provides that a party may give another person a document by various means listed in subsection (1), including handing it to the person, mailing it to them, leaving it in a mail box or a place where mail is ordinarily delivered. It refers to giving a document to a "person" rather than a "party" because it includes all documents mentioned in the RTA, such as notices of termination and rent increase, which are not related to applications when they are given. Clause 191(1)(g) deems "any other means allowed in the Rules" to be sufficient service of the document.<br />These Rules also set out when a document is considered to have been given to another person, depending upon the method of service used. For service by mail, subsection 191(3) of the RTA provides that service is effective five days after mailing.<br />Other Permitted Methods of Service<br />5.1 A person may give a notice or document to another person by any of the following methods:<br />by courier to that person;<br />if there is a fax machine where the person carries on business or in the residence of the person, by fax;<br />for service on a person who occupies the rental unit, by placing it under the door of the unit or through a mail slot in the door;<br />for service on a tenant of a notice under section 27of the RTA, by any permitted method of service or posting it on the door of the rental unit;<br />if the document is an application or was created after the application was filed, by hand delivery, mail, courier or fax to the representative for a party; or<br />if the document is an application or was created after the application was filed, by any method directed or permitted by the LTB in writing.<br />Where a notice or document is given by a method other than the methods of service permitted by subsection 191(1) of the RTA or this rule, that notice or document will be deemed to have been validly given if it is proven that the information in the notice or document came to the attention of the person for whom it was intended.<br />LTB Permitting Other Methods of Service<br />5.2 The LTB may give written directions to a party, either on its own initiative or at that party's request, regarding one or both of the following:<br />who shall be served with the application or any other document; or<br />how an application or document shall be served.<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.comtag:blogger.com,1999:blog-6703393754400182307.post-77121216117050113132016-06-11T09:05:19.324-04:002016-06-11T09:05:19.324-04:00Hi Juni: As far as I am aware service by "em...Hi Juni: As far as I am aware service by "email" is not an accepted method of service even if this is the way that you normally serve. While not an approved method of service (hence it is not recommended), it would appear that service by email could be "saved" and deemed valid if you can prove that the contents of the notice came to the attention of the intended recipient within the time required. While this seems like it is easy to prove be aware that it is definitely not easy as there will be no presumption that the tenant received the notice in the email---hence you have to prove that the email arrived in their inbox, that they saw it and opened it and read it all within the required time so that the notice was proper. Only if you prove all of these elements can you begin to argue that the service of the notice is valid (see section 191 (2)).<br /><br />I have provided below from the Residential Tenancies Act the section on how a document is given and below that I have provided Rule 5 from the Landlord and Tenant Board Rules which speaks to service of documents. Review these and you will see the authorized options for service of documents.<br /><br />Michael K.E .Thiele<br />www.ottawalawyers.com<br /><br /><br />___________________________________________________________<br /><br />EXCERPTED FROM RESIDENTIAL TENANCIES ACT<br /><br />How notice or document given<br />191. (1) A notice or document is sufficiently given to a person other than the Board,<br /><br />(a) by handing it to the person;<br /><br />(b) if the person is a landlord, by handing it to an employee of the landlord exercising authority in respect of the residential complex to which the notice or document relates;<br /><br />(c) if the person is a tenant, subtenant or occupant, by handing it to an apparently adult person in the rental unit;<br /><br />(d) by leaving it in the mail box where mail is ordinarily delivered to the person;<br /><br />(e) if there is no mail box, by leaving it at the place where mail is ordinarily delivered to the person;<br /><br />(f) by sending it by mail to the last known address where the person resides or carries on business; or<br /><br />(g) by any other means allowed in the Rules. 2006, c. 17, s. 191 (1).<br /><br />Same, Part V.1<br />(1.1) Despite subsection (1), for the purposes of Part V.1, a notice or document is sufficiently given to a person other than the Board,<br /><br />(a) by handing it to the person;<br /><br />(b) by handing it to an apparently adult person in the member unit;<br /><br />(c) by leaving it in the mail box where mail is ordinarily delivered to the person;<br /><br />(d) if there is no mail box, by sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the person;<br /><br />(e) by sending it by mail to the last known address where the person resides or carries on business;<br /><br />(f) if the person is a non-profit housing co-operative,<br /><br />(i) by delivering it personally or sending it by mail to,<br /><br />(A) the head office of the co-operative as shown on the records of the Ministry of Finance, or<br /><br />(B) the co-operative’s business office, or<br /><br />(ii) by handing it to a manager or co-ordinator of the co-operative exercising authority in respect of the residential complex, as defined in Part V.1, to which the notice or document relates; or<br /><br />(g) by any other means allowed in the Rules. 2013, c. 3, s. 42.<br /><br />When notice deemed valid<br />(2) A notice or document that is not given in accordance with this section shall be deemed to have been validly given if it is proven that its contents actually came to the attention of the person for whom it was intended within the required time period. 2006, c. 17, s. 191 (2).<br /><br />Mail<br />(3) A notice or document given by mail shall be deemed to have been given on the fifth day after mailing. 2006, c. 17, s. 191 (3)<br />Michael K. E. Thielehttps://www.blogger.com/profile/10247495615982921581noreply@blogger.com