Landlord and Tenant Board – FAQ

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Welcome to the Orcus Law LLP blog! We are a law firm based out of Mississauga, Ontario focusing on landlord and tenant issues. Our team of experienced lawyers and paralegals have a deep understanding of the legal intricacies involved in landlord and tenant law, and we are here to share our knowledge with you. 

We will be discussing some of the most frequently asked questions we receive about landlord and tenant laws in Ontario. We hope that this resource will help you understand the complexities of these laws, and how Orcus Law LLP can help you navigate them successfully. 

Q: What is the legal process for eviction in Ontario? 

A: The legal process for eviction in Ontario involves two steps. First, the landlord must provide the tenant with proper notice that they are being evicted. The notice must include the reasons for eviction, the amount of time the tenant has to leave, and any other relevant information. Second, if the tenant does not vacate the property within the allotted time, the landlord must file an application with the Landlord and Tenant Board (LTB) for an eviction order. 

Q: What are the rules for ending a tenancy agreement in Ontario? 

A: The rules for ending a tenancy agreement in Ontario depend on the type of tenancy and the type of notice required. Generally speaking, month-to-month tenants must provide at least 60 days’ notice and fixed-term tenants must provide at least 28 days’ notice. Orcus Law LLP can help you determine the type of tenancy you have and the notice you’re required to give, as well as provide assistance with the legal process of ending a tenancy agreement. 

Q: What are the tenant’s rights when it comes to repairs and maintenance? 

A: Tenants have the right to a safe and habitable living space. This includes the right to request repairs and maintenance, and the right to withhold rent if the repairs are not completed in a timely manner. 

Q: What are the rights and obligations of the landlord? 

A: The landlord’s rights and obligations depend on the type of tenancy, the terms of the lease, and the applicable laws. Generally speaking, the landlord is responsible for ensuring the rental unit is in a safe and habitable condition, providing basic services such as heat and water, and providing notice of entry. Orcus Law LLP can help you understand the rights and obligations of the landlord, as well as provide advice on how to handle tenant disputes.

Q: What is a landlord’s responsibility regarding the tenant’s security deposit?

A: The landlord is responsible for ensuring that the tenant’s security deposit is held in a trust account and returned to the tenant at the end of the tenancy, minus any amounts for damages or unpaid rent. 

Q: What are the tenant’s rights when it comes to privacy and access?

A: Tenants have the right to privacy and freedom from harassment in their rental unit. The landlord is required to provide 24 hours’ notice before entering the unit and must enter at a reasonable time. 

Q: Are landlords required to provide access to amenities in Ontario?

A: Yes, landlords are required to provide access to amenities, such as laundry facilities, parking spaces, and common areas, as stated in the lease agreement. 

Q: What are the requirements for a valid rental agreement in Ontario?

A: A valid rental agreement in Ontario must include the names of the tenant and landlord, the address of the rental unit, the amount of rent, and the terms and conditions of the tenancy. The agreement must also be in writing and signed by both parties.

Q: Can a tenant be evicted for not paying rent in Ontario?

A: Yes, a tenant can be evicted for not paying rent in Ontario. The landlord must first provide the tenant with proper written notice that they are being evicted, and then file an application with the Landlord and Tenant Board (LTB) for an eviction order. 

Q: What are the rules for increasing rent in Ontario?

In Ontario, landlords can increase rent once every 12 months. The amount of the increase is limited to the guideline set by the province each year. In 2023, the maximum allowable rent increase is 2.5%. In addition, landlords must provide tenants with written notice of the rent increase at least 90 days before the effective date of the increase.

Protection Against Unreasonable Search and Seizure

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Section 8 of the Canadian Charter of Rights and Freedoms provides citizens of Canada with protection against unreasonable search and seizure. This right ensures citizens the right to be secure against such intrusions by the state. It is important to note that this right does not extend to all search or seizures, but rather ones that violate the expectation of privacy that a reasonable individual would have.

This right applies to a variety of situations, from pat-downs and property entry, to surveillance and wiretapping. The Supreme Court of Canada has also established certain guidelines for police searches, affording individuals with greater levels of protection against unreasonable search and seizure. This section also applies in civil forfeiture matters, which requires courts to apply the same Charter principles for evidence obtained in criminal cases.

Under section 8 of the Canadian Charter of Rights and Freedoms, citizens are further protected from unreasonable search or seizure by the reasonable expectation of privacy. This expectation of privacy varies based on the context, such as in a motor vehicle, where the expectation is greater for the owner than the passenger, or in a dwelling house, where visitors do not share the same level of expectation as permanent occupants.

Courts have also determined that certain types of information, such as utility records or heat patterns, are not subject to reasonable expectation of privacy, as they do not tend to reveal intimate details of the individual’s lifestyle and personal choices.

In addition, the Supreme Court of Canada has held that the use of modern communications technologies such as text messages is protected by the Charter of Rights and Freedoms, even if the data in question is located on a third-party server.

Moreover, the use of police dogs and wiretapping, while sometimes justifiable under section 1 of the Charter of Rights, must adhere to certain guidelines established by the Supreme Court of Canada, such as promptly notifying the individual of their reasonable expectation of privacy being infringed.

Section 8 of the Canadian Charter of Rights and Freedoms is therefore an important legal tool for protecting Canadians from unreasonable search and seizure by the state, and provides citizens with the power to challenge any such measures that are deemed to be in violation of the Charter.

Creating a Will in Ontario – A Step by Step Guide

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Creating a Will in Ontario: A Step by Step Guide

Writing a will is an important step in ensuring that your assets and personal wishes are respected after you’re gone. No matter what age, income, or marital status you are, having a will is vital in protecting your assets and your loved ones’ best interests. In Ontario, the laws governing wills are fairly simple and straightforward.

The first step in the process of creating a will is to choose an executor, the person who will be responsible for carrying out the directions and wishes in the will. This person should be someone you trust, who is organized and responsible and can handle complex tasks. It is also a good idea to choose an alternate executor, just in case your first choice can’t or doesn’t want to act as executor.

Next, you will need to choose a will-maker, someone to help you prepare your will. This person can be a lawyer, another legal professional such as a notary, or someone who has been authorized by the court to draft wills. This person will help you to make sure that your will meets the necessary legal requirements and is properly executed.

Once you have chosen a will-maker, you can begin to draft your will. You should include your name, marital status, and address, and any details regarding your assets, including bank accounts and other investments. You should also list any possessions that you want to bequeath to specific individuals, such as jewelry, artwork, or other items of value. Lastly, you should include instructions for what should be done with the remaining assets after your death.

Once you have finished drafting your will, the will must be signed by two witnesses who are not related to you and cannot be beneficiaries in the will. These witnesses must attest to the validity of the will and verify that it was signed by you. The will also needs to be notarized by a lawyer or other legal professional.

The last step is to store your will in a safe place. Once your will has been completed and notarized, you should store it in a secure location such as a safety deposit box or with your lawyer.

Creating a will is an important step in making sure that your assets and wishes are respected after you’re gone. In Ontario, the laws governing wills are fairly straightforward and the process is relatively straightforward. By following the steps outlined above, you can ensure that your loved ones will be taken care of according to your wishes.