Blog Introduction & List of Posts

1) Purpose of the Blog:

 - Sharing some common questions and rulings on residential tenancies in Ontario. (For landlords, tenants, property managers, etc)

2) Planned Frequency of Posting:

 - At least twice a week (to be confirmed)

3) List of Posts:

1. If you sign an invalid notice, could it still end up being enforced?

2. How to watch LTB hearings from anywhere

3. Is there recourse for bad faith evictions for tenants who vacated without a proper N12?

4. Shared bathroom / kitchen - when does the RTA apply?

5. Cowie v. Bindlish 11 Years Later

6. Conflict between affidavit and viva voce

7. Can a notice of termination be served by email?

8. Amendments to the RTA effective September 1, 2021

9. If you received a notice by text, Facebook, etc, can it be valid?

10. How enforceable is tenant insurance requirement in the lease?

11. Can a notice of termination be shortened?

12. Is it the landlord's or the tenant's duty to replace lightbulbs and furnace filters?

13. How to evict a non-RTA residential tenant

14. A case on 'renoviction', tenant buyout and good faith (Pinto v. Regan, White v. Regan)

15. Service by mail - does it matter if / when mail was received?

16. Is a 24 hours' written notice required for entering the yard?

17. Is snow shovelling / lawn mowing always the landlord's duty?

18. Do landlords have to replace items after their useful life expires? / Do tenants have to pay for damaging items past their useful life?

19. What kinds of deposits and advance rent payments are lawful? How to identify when a key deposit is excessive.

20. Can a landlord sue their tenant for failure to vacate based on an N12? (PE Real Estate Solutions v. Kelly)

21. Can a tenant add a chain lock without asking for landlord's permission?

22. If the tenant vacates early and the landlord re-rents for lower rent, is the tenant on the hook for the difference in rent for the fixed lease term? Can the landlord charge administrative expenses? Can the tenant pay for an N11 agreement?

23. Is the hot water tank rental the responsibility of the landlord or the tenant?

24. If an N12 is filled out and served correctly, compensation is paid by the termination date, and good faith is proven at the LTB, can an N12 / L2 still be dismissed at the Board?

25. Is the standard for serving former tenants higher? When does service by email qualify for L10 purposes?

26. Notice of Rent Increase (reminders and cases)

27. Is there a way to verify or predict the guideline for rent increases? (step-by-step process)

28. Interest on Last Month's Rent Deposit (calculation, issues and rulings)

29. If an N12 fails, can a new one be issued (res judicata cases)

30. What is a "reasonable window" of entry into a rental unit (Wrona v. TCHC and other rulings)

31. What if a landlord asks you to vacate for a sale? (At Risk of N12)

32. Minimum Temperature Standards (Provincial and Municipal)

33. How can an amenity be removed or reduced legally? How can rent be increased due to an additional amenity?

34. Can an N12 be used for storage purposes? (Sertic v. Mergarten and other cases)

35. Does a landlord have to provide his address to the tenant? Would the address of the rental unit suffice?

36. Should I Demand the Ontario Standard Lease? (Timing and Benefits)

37. Consequences of Applying Last Month's Rent Deposit Prematurely

38. A case on procedural fairness and evidence (N8 for persistent late payments)

39. Timing of Bad Faith / Is the good faith requirement limited only to the time when the N12 is given?

40. A case on rent arrears, force majeure clauses and doctrine of frustration in commercial lease setting (Braebury Development Corporation v. Gap, 2021)

41. N13 / 'renovictions': compensation, right of first refusal, permits, recourse

42. What is reasonable frequency of entries for inspections, repairs, etc?

43. Can the 1 year limitation period for filing with the Human Rights Tribunal be extended? (Erlich v. Rahbari, 2021)

44. Eligibility for N12 / What if the eligible relative who moves in is not the same relative who is listed on the N12?

45. A case on jurisdiction and "contracting out" of the RTA in Board-mediated settlement (Nicholls v. Zsiga, 2021)

46. Evicting non-RTA tenants and the importance of wording contracts correctly (Weller v. Khalifa, 2021)

47. Preserving tenancy without reinstating occupancy? / Appeal of an Interim Order / Guillaume v. Barney Rivers Investments Inc., 2021

48. Can notices of termination be shortened contractually?

49. Tenants' recourse and landlords' obligations if other tenants are causing a disturbance (Hassan v. Niagara Housing Authority and other rulings)

50. Condominium Authority Tribunal expanding jurisdiction on January 1, 2022

51. Pets causing nuisance in condo setting (example with analysis of costs)

52. Sublet, $174,000 claim, delays dealing with events from 6 years ago (Queen Britain Holdings Inc. v. Ohayon, 2021)

53. A case on multiplicity of proceedings and abuse of process (Crook v. Adler, 2021)

54. Interest on Last Month's Rent Deposit (sample calculation in Excel spreadsheet)

55. Some Limitation Periods

56. A case of eviction, $329 billion claim and Organized Pseudo-Legal Commercial Arguments (Sarac v. Wilstar Management, 2021)

57. A recent decision by the Fire Safety Commission (Spezowka and Hickey v. Thunder Bay Fire Rescue, 2021)

58. Reminder: Administrative Closure of Some Applications

59. Inflation, Speculation on the Guideline for 2023 and the Future of 2.5% Cap (RTA ss.120(2)2)

60. A case about enforcement of foreclosure, rental payments, $152,044 in arrears for taxes and utilities, maintenance issues (Fisher v. Soroka, 2021)

61. A reminder about LTB procedural changes that took effect on December 8, 2021

62. A case of concurrent proceedings at the LTB and the Superior Court in condo context (Frontenac Condominium Corporation No. 6 v. McCauley, 2021)

63. Attempt to introduce fresh evidence to argue that consent order was induced by misrepresentation, mixed fact and law (Fernandes v. Golle, 2021)

64. Commercial lease case: CERS, ex turpi causa, RJR test, right of re-entry during eviction moratorium (8443220 Ontario Inc. v. VGR Investments Ltd., 2021)

65. A case of non-payment of rent, accommodation for in-person hearing and possible abuse of process (Gencay v. Capreit, 2021)

66. More examples of RTA section 83 in N13 setting

67. Exemptions from the Guideline for Rent Increases (RTA s. 6.1)

68. Reminder: LTB fax machines are decommissioned as of December 31, 2021

69. A case of $78,500 in rent arrears, damage, ongoing online harassment, defamation, contempt of court (385277 Ont. Ltd. v. Gold, 2021)

70. $118,990 in rent arrears, additional parties, leave to appeal, test on a motion to quash an appeal (Arnold v. Lulu Holdings, 2021)

71. A case on accommodation of disability by the tribunal, expedited hearing, viewing evidence at the hearing (Krishna v. Alexandra Park Co-operative, 2022)

72. A case on procedural fairness and relief under RTA section 83, based on N8 for persistent late payments (Lerose v. Princess Apartments, 2022)

73. LTB Update: Tribunals Ontario Portal - PIN Issues

74. A case on signing a lease as a tenant without taking possession & transfer of occupancy (Wu v. Adler, 2022)

75. Indicia of an appeal for the purpose of "gaming the system" / abuse of process (Mubarak v. TCHC, 2022)

76. Illegal eviction using the OPP, contempt of court (MacMillan v. Martin, 2022)

77. Jurisdiction of the SCC if a claim against a former tenant is filed BEFORE September 1, 2021 (Valiant v. Paulauskas, 2022)

78. Tenant acting as the landlord's agent, illegal lockout and stolen possessions (Martin v. Blackbird, 2021)

79. A recent case on validity of a notice of termination signed by an unlicensed agent (Rivera v. Eleveld, 2022)

80. Interplay of provincial and municipal heat standards (RTA s. 224 and LTB rulings)

81. Recent cases on validity of notices, SCC jurisdiction, procedural fairness, RJR test, discretion to set aside the noting in default

82. Can a tenancy agreement limit rent increases for units exempt from the Guideline? (Revisiting Dissent in 'Barber')

83. A look at how the guideline for 2023 is shaping up (update)

84. A clause limiting occupancy ruled inconsistent with the Act (White v. Upper Thames River Conservation Authority, 2022)

85. Can one file against occupants for nuisance at the Condominium Authority Tribunal? (Diwa v. Toronto Standard Condo Corp No. 2166, 2022)

86. A case on alleged breach of contract / failure to provide vacant possession (Lees v. Ahmadi, 2022)

87. A case about restoring possession pending disposition of an appeal / Guillaume v. Barney Rivers Investments Inc., 2022

88. Does the Board have to hear related landlord and tenant applications together? ~$45,000 in rent arrears and abuse of process (Capreit v. Veiga, 2022)

89. A few recent rulings (early April 2022)

90. Searching ON-e Key and CanLII by name

91. Inflation, Speculation on the Guideline for 2023 and the Future of 2.5% Cap (RTA ss. 120(2)2) - Update

92. Inflation, Speculation on the Guideline for 2023 and the Future of 2.5% Cap (RTA ss. 120(2)2) - June 22, 2022 Update

93. Case on shared bathroom / kitchen with the owner (McKnight v. Kirk, 2022)

94. Refused stay of an N12-based eviction order pending leave to appeal (Pannone v. Peacock, 2022 ONCA 520)

95. N12 and Conversion to Condominium (RTA Section 51)

96. Snow removal requirement leading to constructive discrimination

97. Summary of Some LTB Statistics Based on SJTO Annual Reports

98. Inflation, Speculation on the Guideline for 2024 and the Future of 2.5% Cap (RTA ss. 120(2)2)

99. Inflation, Speculation on the Guideline for 2024 and the Future of 2.5% Cap (RTA ss.120(2)2) - June 27, 2023 Update

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