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Final

Law 2101 Final: Law 2101 - Landlord and Tenant Law Exam Review Package


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

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Law 2101 Exam 2, Part 1
Landlord / Tenant Law
Residential Tenancies Act (RTA)
- Provincial legislation 2006 (Each province has something very similar)
- Governs the relationship between landlords and tenants ONLY
- States the rights and responsibilities of each party
- On valid on residential units, not commercial
- Common exceptions include:
o Hotel, motel, cottage, B&B, hospital/long-term care
o Non-profit co-op housing
o Penal/correctional facilities
o Emergency shelter
o Units that require occupants to share a bathroom or kitchen facility with the
oe / oe’s fail
The RTA does not apply because you are not a tenant you are a border
o Residence in a university
Types of Claims
- The board hears disputes and makes orders
o They are NOT judges
o Works faster than court
- Only handles cases under $25,000
o If over this, then a dispute must be made (very rare that they accept) if not go
to court
- If the RTA does not apply to your specific situation, there are still protections under
common law and or other statutes
Procedure - Tenants
- Landlords and tenants should speak first to try and resolve issues
- Tenants should:
o File an application to the board with supporting documents
Board gives notice of hearing
Tenant serves application and notice of hearing on landlord
Possible mediation
Can do this on any subject matter
The parties must agree to this
Sometimes conflicts the RTA
Hearing
Both sides call evidence and make their cases
At the end, the Board member will make an order
o Important to date the sent letter and to have supporting documents in writing
for proof
find more resources at oneclass.com
find more resources at oneclass.com

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Procedure - Landlords
- Landlords should:
o Create a notice of termination to serve against the tenant:
If the tenant complies nothing happens!
You get one complying period for every 6 months
If no correction is made, apply to the board with supporting documents
Board gives notice of hearing
Landlord serves application and notice of hearing on tenant
Possible mediation
Hearing
find more resources at oneclass.com
find more resources at oneclass.com

Only pages 1-3 are available for preview. Some parts have been intentionally blurred.

Beginning a Tenancy
- Leases can be written or oral written is better so you know all of the terms
- Tenancy begins when the tenant is entitled to occupy the unit
o The agreement takes effect even if the unit is not occupied
- Methods of acceptance of the agreement can be oral or written, but they must include
osesus ad ide
o = an agreement of parties to the same thing, a meeting of the minds
- Requirements of the agreement include:
o If in writing:
o Landlord must provide a copy within 21 days of signing
If the do’t do that, ou do’t hae to pa ou et suspeded
o If NOT in writing:
Landlord must give written notice of legal name and address within 21
days after the tenancy begins
Must know how to reach them!
- If the landlord does not comply^, the obligation to pay rent is suspended
- After the landlord complies, they can require tenant to pay any rent withheld due to
ladlod’s failue to poide the ifoatio
- Landlords may use income information, credit checks, references, rental history,
guarantees, etc.
o All of this information must comply with the Human Rights Code!
- It is likely that based on this information, landlord will go after guarantors and co-signers
o Based on the deep-pocket theory
Security of Tenure
- Once you become a tenant in Ontario you have this
- States that your tenancy can only be terminated for one of the 3 things listed below:
o An order of the board ending the tenancy
o Agreement between tenant and landlord
Must be in writing
o Through proper legal notice (not necessary if there is an agreement)
Security Deposits
- The only security deposits landlords can collect are rent deposits
- This ensures that tenants live up to certain obligations
- Occurs at the start of tenancy
- Can only do so on or before the tenant enters into the tenancy agreement
- This amount cannot be more than rent for one period
- Ladlod’s aot euie a teat to poide post-dated cheques or automatic
payments
- Ladlod’s aot foe a additioal paets eept:
o Payment for additional / replacement requests by tenant
o Payment on NSF charges / other administrative charges
find more resources at oneclass.com
find more resources at oneclass.com
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