New Legislation for Tenants and Landlords

Thursday, March 8, 2007

Written by Jennifer Schneider

The Residential Tenancies Act, 2006 (RTA) came into effect on January 31, 2007 replacing the Tenant Protection Act, 1997 (TPA).

Similar to the previous legislation, the Residential Tenancies Act (RTA) is provincial legislation that outlines the rights and obligations of tenants and landlords. It sets out the rules for rent increases, evictions, repairs, and many other issues. You are covered by the RTA if you rent an apartment, house or a room in a lodging house and you do NOT share a kitchen or a bathroom with the landlord or their immediate family.

So, what’s changed for tenants?

The Ontario government says that the new RTA provides tenants with fairer rent increases and fairer processes for resolving disputes through the Landlord and Tenant Board (formerly the Ontario Rental Housing Tribunal under the TPA).

•Annual rent increases are now based on the Ontario Consumer Price Index (rate of inflation).

•The rate of interest that a landlord must pay a tenant on a last month’s rent deposit every year is also based on the rate of inflation. Currently the rate is 2.6% (was 6%).

•Every tenant facing eviction has the right to mediation or a hearing; the Landlord and Tenant Board will consider a tenant’s side of the dispute before allowing an eviction.

•However, landlords can now fast track evictions for tenants who cause purposeful or excessive damage to a rental, or cause a disturbance if they’re renting an apartment in a landlord’s home. 10 days notice to the tenant (down from 20 days) is now required before the landlord applies to the Board for an eviction order.

To access the most current content of the Residential Tenancies Act, visit this website. If you have any questions or need advice, please contact us at .

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