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Study Guide

[Law 2101] - Midterm Exam Guide - Comprehensive Notes for the exam (27 pages long!)


Department
Law
Course Code
Law 2101
Professor
Mysty Sybil Clapton
Study Guide
Midterm

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Western
Law 2101
MIDTERM EXAM
STUDY GUIDE

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Law 101 Lecture 24 (Semester II Lecture I)
Who to Contact (not on exam)
- Landlord and tenant board
o Provides information on Residential tenancies act
o Resolves disputes between landlords and tenants
- Neighbourhood legal services
o Community legal clinic funded by Legal Aid Ontario
o Provides free legal service to low income individuals
- Community Legal Services
o Provides free legal services to low income individuals and students of UWO/Fanshawe
- Law Society Referral Service
o Gives referrals to a lawyer practicing in the relevant area (free consultation)
Residential Tenancies Act (RTA)
- Provincial legislation enacted in 2006 (relationship is provincial responsibility)
- Applies to rental units in Ontario
- Governs relationships between landlords and tenants (not tenant v. tenant)
- Sets out rights and responsibilities of each
- Regulations
- Statutory Powers Procedure Act
o Applies to all statutory bodies in Ontario i.e. landlord and tenant board is a body under
it so the act applies
o Sets out rules of fairness
- Rules of Practice, Interpretation Guidelines, Case Law
What’s Coeed Ude RTA?
- Only residential units (not commercial)
o Completely different legal regulations for commercial
- Common exceptions (s5-8 RTA does not apply to:)
o Hotel, motel, cottage, bed and breakfast, hospital / long term care
o Non-profit co-op housing (only rent rules)
o Penal or correctional facilities
o Emergency shelter
o Units that require occupant to share a bathroom or kitchen facility with the owner or
oer’s spouse, child or paret (or spouse’s child or paret (on exam)
ode – renting a room in a house but share a kitchen OR bathroom with
owner/relative, the RTA does not apply to living situation
o Residence in a university
Jurisdiction of RTA:
- Landlord and Tenant Board hears disputes and makes orders (administrative board)
- $ amount must be under $25,000 (s207 RTA)
- Dispute must be heard in court if over $25k
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- If the RTA does not apply, there are still protections under the common law (judge-made)
and/or other statutes
Basic Procedure (not on exam):
- Landlords and tenants should speak to each other to resolve disputes
o Tenants Application with supporting docs. Filed with Board Board gives Notice of
Hearing Tenant serves Application and Notice of Hearing on Landlord Possible
Mediation Hearing
- Landlords Notice of Termination served on Tenant (time to correct issue) If no correction -
Application with supporting docs. Filed with Board Board gives Notice of Hearing Landlord
serves Application and Notice of Hearing on Tenant Possible Mediation Hearing
Starting A Tenancy
- The application process
o Tenancy agreements / leases can be written or oral
(best to have written agreement so terms are clear)
o Terms (length of tenancy) (probably on exam)
Tenancy begins when tenant is entitled to occupy unit (s13(1) RTA)
Agreement takes effect even if unit is not occupied (s13(2) RTA)
- Landlords may use income information, credit checks and references, rental history, guarantees,
etc.., but must follow Ontario Human Rights Code Regulations (s. 10 RTA and O. Reg. 290 / 98
OHRC)
- O. Reg. 290 / 98 OHRC states the following:
- Landlords can request credit references and checks, and rental history
- Landlords can request income information, but only if it has also requested credit references
and checks, and rental history
- Landlords can require a guarantor for rent
- Landlords cannot refuse tenancy based on race, ancestry, place of origin, colour, ethnic origin,
citizenship, creed, sex, sexual orientation, age, marital status, family status, handicap or the
receipt of social assistance
- Method of aeptae of ageeet a e oal o itte ut thee ust e a consensus ad
idem
Cosesus ad ide
- A ageeet of paties to the sae thig; a eetig of the ids Blak’s La Dictionary)
- Requirements for written tenancy agreements (s.12 RTA)
- Must set out legal name and address of the landlord (s. 12(1) RTA)
“tatig a Teay ot’d
- If the agreement is in writing:
o Landlord must give a copy of the signed agreement to the tenant within 21 days of
signing (s. 12(2) RTA)
- If the agreement is NOT in writing:
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