New Amendment To Residential Tenancies Act, 2006 (RTA)

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New Amendment To Residential Tenancies Act, 2006 (RTA)

Landlord Claims Against Former Tenants

Effective September 1, 2021, a few amendments replaced the previous Rules about tenants who move out from rented place while owing the landlord for rent arrears, unpaid utility, or damages incurred due to former tenants’ conduct. Previously, claims made after the tenant moved out had to be made at Ontario Small Claims Court and the Landlord and Tenant Board could only deal with an application if the tenant was still living in the rental unit when filing the claim.

What can a landlord claim now?

As a result of the amendments to the RTA, a landlord can now file an application claiming rent arrears or compensation, only up to one year after the date the tenant moved out. The tenant must have moved out of the rental unit on or after September 1, 2021. The landlord can ask for any of the following in the application filed against a former tenant:
1.   Rent arrears.
2.   NSF cheque charges.
3.   Compensation for expenses a landlord has incurred due to conduct by the former tenant or their guests.
4.   Compensation for expenses the landlord has incurred due to the former tenant’s failure to pay utilities.
5.   Compensation to replace or repair undue damage caused by a former tenant, guest, or occupant.

Tenant claims against former landlord

1.   If a tenant finds out that the landlord served a notice (for own/purchaser’s own use) in bad faith and failed to move into the unit after the tenant vacated, tenant can commence a claim for compensation equivalent to 12 months’ rent. This is in addition to the remedies a tenant could seek previously.
2.   Tenants claiming that the landlord served a notice of eviction (for demolition/renovation) in bad faith and failed to demolish or renovate after the tenant vacated, can claim compensation equivalent to as much as 12 months’ rent. This is in addition to the remedies a tenant could seek previously.
3.   If a tenancy is terminated because the landlord intends to do major repairs, the tenant has the right to move back when it is done, if they have given the landlord written notice. If the landlord does not allow the tenant to move back in, the tenant can file a compliant up to 2 years after they moved out. Previously, the tenant only had 1 year to file these types of applications.

It is always better to obtain legal advice from a paralegal

There are many different Rules and procedures for all legal matters. Each Rule has its own guidelines, practice directions that if it is not done correctly, it can delay the process. Sometimes a small error can completely turn the results against you. It is always best to consult with an expert and obtain legal advice before taking any steps, to get a better result for your legal issues.

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