Amendments to the Residential Tenancies Act, 2006 (RTA) resulting from Bill 184, the Protecting Tenants and Strengthening Community Housing Act, 2020, take effect September 1, 2021.
As a result of the amendments:
- Tenants can claim compensation equal to 12 months’ rent if their landlord issued an eviction notice in bad faith or the landlord does not allow them to move back in after renovations or repairs.
- Landlords will be able to apply to the LTB to claim compensation for unpaid rent, unpaid utilities or damages to the rental unit for up to one year after the tenant has moved out.
- Landlords will be able to apply to the LTB to claim out-of-pocket expenses incurred as a result of the tenant or former tenant’s “substantial interference with the reasonable enjoyment of the residential complex or with another lawful right, privilege or interest of the landlord.”
- Landlords who are filing an eviction application because the landlord, a purchaser or a family member requires the rental unit, or because they want to demolish the rental unit, repair it or convert it to another use, must disclose all previous notices (N12 or N13) given to any tenant for these purposes in the last two years for any rental unit.
These and other changes made by Bill 184 to the RTA that take effect on September 1, 2021 are described in the backgrounder: Amendments to the Residential Tenancies Act – September 2021.
The LTB has updated its Rules, guidelines, forms and brochures, and the following new and revised materials have been posted to its website at tribunalsontario.ca/LTB. The new forms will be included in the Tribunals Ontario Portal when it launches later this fall.
New materials:
- Form L10: Application to Collect Money a Former Tenant Owes and Instructions
- Certificate of Service: Serving a Former Tenant or a Tenant no Longer in Possession of the Rental Unit
- Request to Use Alternative Service Form
- Brochure: Collecting Money a Former Tenant Owes
- Brochure: How to Serve a Landlord or Tenant with Documents
Revised materials:
- Rules 3, 4 and 5
- Guideline 11: Rent Arrears
- Guideline 12: Eviction for Personal Use, Demolition, Repairs and Conversion
- Form L2: Application to End a Tenancy and Evict a Tenant or Collect Money and Form Instructions
- Form T5: Landlord Gave a Notice of Termination in Bad Faith and Form Instructions
The LTB consulted on changes and additions to its forms and form instructions, interpretation guidelines and Rules of Procedure stemming from these amendments, in January of this year.
The feedback helped the LTB make changes that better meet the needs of tenants, landlords and their representatives. The changes are captured in the document “What We Heard”.
Navigate Tribunals Ontario, an online information tool which helps tenants and landlords determine what steps they can take to manage their dispute, has been updated to include information and scenarios related to the RTA amendments. New pathways for care home and mobile home tenancies and non-profit co-op evictions have also been added, empowering more people to work towards resolving their dispute.
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