Landlord and Tenant

The legal relationship between landlords and tenants is governed in Ontario by the Landlord and Tenant Act. Pursuant to the Act, landlords and tenants are provided with rights and corollary responsibilities. It is vital for landlords and tenants to know their legal rights and obligations in order to be in conformity with the Act. This discussion is only intended to be a brief summary of the process available to landlords and tenants to exercise their rights under the Act.

(i) Bringing the Tenancy to an end

A landlord or tenant wishing to bring the tenancy to an end is required to do by serving a Notice of Termination.

A Notice of Termination by a landlord or tenant must be in writing, identify the dwelling with sufficient clarity, specify the termination date, and be signed by the party giving Notice, or landlords agent.

In addition, a Landlord providing a Notice of Termination must include:

• reasons for terminating the tenancy;
• the steps the tenant can take to avoid the termination;
• inform the tenant that the Notice of Termination in itself does not require the tenant to vacate the premises.

After attempting to serve a tenant personally, a landlord may serve a Notice of Termination by:

• post the Notice in a conspicuous place on the premises;
• providing the Notice to a person in the premises who appears to be the age of 18 or older;
• send the Notice by registered mail.

The Notice of Termination can be served by a tenant to the landlord or agent personally or by regular mail. Depending on the type of tenancy arrangement, the landlord or agent must be served with the Notice of Termination within a specified period of time.

(ii) Dispute of Notice by Tenant

A tenant has the right to dispute a notice of termination. The tenant in such a case would not be required to move out of the premises unless ordered to do so by a Court.

(iii) Offences and Penalties

Breach of the following offences under the Act allow an individual to be liable for up to $5,000 and a corporation for up to $25,000:

• withholding or interfering with vital services;
• altering locks;
• failing to post copy of Part IV of the Act or landlords legal name and address for service;
• evicting without a court order;
• seizing a tenants property for non-payment of rent.

We at Paradiso & Associates realize the potential of a landlord and tenant relationship to become strained. Allow our expertise and experience in this field of law to guide you. You may contact us for an initial consultation, free of charge.

Paradiso & Associates offers services in English, Italian, & Portuguese.

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