A landlord cannot lock a tenant out of their rental unit unless the landlord has an eviction order from the Landlord and Tenant Board and the Sheriff comes to the rental unit to enforce it. The Ontario Ministry of Municipal Affairs and Housing has enacted the Commercial Tenancies Act, an act that outlines specific obligations, rights and the relationship between a commercial landlord and those of his prospective tenants. If your landlord has locked you out illegally, you can file the Application about Tenant Rights (Form T2) to ask the LTB for an order requiring your landlord to let you back into your unit and continue your tenancy. Similar legislation has been enacted in other Provinces, including British Columbia, as a way of providing incentive for landlords to take part in the CECRA which is in response to awareness that some qualifying landlords were not going to apply for CECRA and pass the benefits on to small business tenants who needed rent relief. All rights reserved Torkin Manes LLP Barristers & Solicitors, Terms of Use | Privacy Policy | Accessibility. To change the locks, the landlord is required to wait 16 days after the rent was due. Both roommates and persons subletting an apartment are considered Boarders. ... then the Sheriff can have the locks changed but the landlord can not do it themselves. An LTB member will decide whether or not to give you an earlier hearing date. If you want to dispute the application, you must come to the hearing. If your landlord has made you leave the place that you rent but has not followed the RTA rules, you may have been “wrongfully evicted”. An eviction order is an LTB decision ordering you to move out of your unit. (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. For more information about dealing with COVID-19, please visit our COVID-19 Resource Center. To ask for an earlier hearing date, fill out the Request to Extend or Shorten Time and file it with your application. However, in addition, Ontario courts have suspended the hearing of all matters unless they are deemed “urgent”. Give the second copy to your landlord. A landlord can only enter a tenant’s unit in specific circumstances. In Ontario, a landlord can evict a tenant only for the reasons allowed by the Residential Tenancies Act, 2006, and the Rental Fairness Act, 2017. It is against the law for your landlord, a security guard, or anyone working for your landlord to make you leave or lock you out. Beginning February 1, 2021, applicants can use a Visa, MasterCard or debit card to The LTB will send a copy of the application and the Notice of Hearing to you and your landlord unless the LTB has agreed to hold an early hearing. You will need to act quickly. Your landlord can seize your goods or end your tenancy if you do not pay the rent on time. If you don't leave by the date in the order, the landlord must file the order with the Court Enforcement Office (sheriff). They can’t do both. Sometimes, this can solve the problem. The cost is $50 if you file by paper and $45 by e-File. You can deliver them by hand, or send them by courier or fax. Residential Tenancies Act Part III Responsibilities of Landlords Landlord's responsibility to repair. Prior to exercising any available remedies under a commercial lease in Ontario for non-payment of rent, landlords who have not applied for CECRA will have to determine whether they and the applicable tenant qualified for relief provided by CECRA and if they did, then the landlord will be stopped from exercising its remedies as against such qualifying tenant for non-payment of rent. To find the Court Enforcement Office in your municipality, visit the Ministry of the Attorney General's court finder and select "Enforcement" in the "Choose a court office" drop down menu. If you are a tenant and a landlord has locked you out, or is threatening to lock you out, contact the Rental Housing Enforcement Unit: Tel: 416-585-7214; Toll-free: 1-888-772-9277; MHO.RHEU.Info@Ontario.ca; Entering a rental unit and physical distancing. An injunction remedy is an order of the Court requiring the tenant to stop carrying out a course of action. 2006, c. 17, s. 20 (1). You might remember this, as the Ontario Landlords Association has followed this story closely. When you file the completed application, LTB staff will schedule a hearing. Boarders are subject to contract law between themselves and the Tenant. For example, you may have been wrongfully evicted if. For example, if you don’t pay your rent 16 days after the rent is due, your landlord can, without notice, end your tenancy by changing the locks on the rental unit and evicting you. If the RHEU thinks that you may have been locked out illegally, they may contact your landlord to discuss it. They called me and I went over and unlocked the door for them because I wanted to get off on the right foot. You gave your landlord a notice to end your tenancy and the notice said you would move out. Commercial landlords across Toronto and Ontario will soon be permitted to lock out small business owners who did not pay their rent this month. One of the first things I do when I buy a property is to get … Housing Services strongly recommends that all Tenants and their Boarders have a written contract. Your tenant is in the WRONG. The order will be mailed to you and your landlord. Yesterday was the third time I was called by the same tenant that he once again locked himself out of the house. Email: info@torkinmanes.com. What remains to be determined is whether the tenant will be required to pay all of the arrears of rent to the landlord by August 31, 2020, when the moratorium on evictions is scheduled to expire, or whether some form of relief will be available to the tenant where the landlord did not apply for CECRA. Unscrupulous landlords may break the law and lock you out. Hearings are scheduled as soon as possible, but your hearing date may not be for several weeks. The first two time I went and opened his door even tho the first time was at 5:00 A.M. Ontario tenant's rights when their landlord is selling the property Just as a landlord has their own rights, so do tenants. Different situations have slightly different procedures. If you use the paper form, you can file it in person or by fax or mail. © 2020. How do I file an application? The legislation applies to businesses that are eligible for federal/provincial rent assistance (CECRA) and restricts evictions for non-payment of rent from May 1, 2020 until August 31, 2020. If the landlord claims to have just brought the property, then ask them for the details of the solicitors they used, and after checking that the solicitors are valid, give them a ring to confirm. Or, a landlord who is responsible for paying the utility charges may be tempted to simply not pay the bill in the hopes t… Meanwhile, the Ontario government said it is launching a new online learning portal for students shut out of their schools as part of the province's effort to contain COVID-19s. A previous LTB order or mediated agreement let you to stay in your unit as long as you met conditions that you and your landlord agreed to, but you didn't meet those conditions. Bring copies of any documents (one for the LTB member and one for the landlord) you want to present. After the hearing, the LTB issues a written decision called an order. This is an illegal lockout. Twice now within the past 2.5 weeks either our tenant (on Easter Sunday) or her lodger (last night) has managed to lock themselves out whilst the other has been unavailable. If your tenant doesn’t call a locksmith, they could harm themselves or damage something on the property by trying to get back in through a … As a result, any commercial lease disputes must prove to be urgent to be heard by a court, as was the case in a recent Ontario decision, in which the landlord locked his tenant out of the premises in the midst of the COVID-19 pandemic. Change the door knob to a hall /Closet knob. Once you have given the landlord their copy, you must file a completed Certificate of Service with the LTB, explaining how and when you gave these documents to the landlord. We were there from the very beginning when a small landlord reached out for help all the way to the “Tenant From Hell” finally being evicted from the house of her last landlord and then moving out. It is important that you act quickly. A sheriff will only force you to move out if your landlord has received an eviction order from the LTB and you didn't move out by the date in the order. If your tenant is locked out of their rental and you aren’t available, they will most likely find an alternative way to get back inside. He expects me to drop everthing and go open his door,stating it is an Emergency. You can also file your application online using LTB e-File. The LTB schedules a hearing. If you are interested to enter into a commercial lease agreement with a landlord, you have to be familiar You made an agreement with your landlord to end your tenancy and move out. … 151 Yonge Street, Suite 1500, Toronto ON M5C 2W7, Reception: 416 863 1188 allow you to move back into the rental unit, but only if it is still vacant, pay you an abatement of rent (a refund of your rent for the time that you were locked out of your rental unit), pay you compensation for any costs you paid or will pay for property that was damaged or disposed of as a result of the landlord's actions, pay you for any other reasonable out-of-pocket expenses you paid or will pay because of the landlord's actions, pay an administrative fine of up to $25,000. On June 17, 2020, the Ontario government passed the Protecting Small Business Act, temporarily halting or reversing evictions of commercial tenants and protecting them from being locked out or having their assets seized during COVID-19. Does anyone else have this problem, and what can I tell him. Once the LTB member (adjudicator) has heard what you and your landlord have to say, they will consider the evidence and arguments and issue an order. As any experienced landlord will attest, there are occasional tenants who do things that are so outrageous that the landlord is tempted to bypass normal legal protections and take direct and immediate action to protect the property. Brown said the tenant hasn’t paid the rent for months and won’t move out and he has been frustrated trying to have the matter dealt with by Ontario’s Landlord and Tenant Board. I would call her and tell her that she owes whatever portion of the rent she deducted, and if she does not pay with her next months rent (I am being nice here, you could tell her she needs to pay in 3 days) this amount, you will be forced to start eviction proceedings. One way to reduce tenant lockouts is to have a deadbolt with a key, not a locking door knob. That way, you can only get locked out of you had the keys when you left. A tenant can check out a landlord, by doing a search on the Land registry website that will give the title deeds showing the owners name and maybe current address (costs about £3). It is important that you give the landlord (or their representative) copies of both the Notice of Hearing and the application right away; the same day if possible. You may bring a lawyer or an agent to represent you, and witnesses to support your case. The member may announce the decision at the end of the hearing, or may wait and give the decision in the written order. Details can be found at the Ontario government website. Receive Blog Posts. I do go out of my way to create a pleasant situation for everyone, it’s just easier…but I can assure you that I almost never reschedule an appointment because the current one is not “convenient” for the current tenant. For example, the process for evicting a tenant for not paying their rent is not exactly the same as the process used when a tenant damages the unit. replied over 5 years ago A landlord who follows the rules in the Residential Tenancies Act, 2006 (RTA), and gets an eviction order from the Landlord and Tenant Board (LTB), can go to the sheriff to have you removed from your unit and get the locks changed if you don't leave. If a tenant locked themselves out frequently, I would consider adding a nominal lockout fee or changing to the deadbolt only system. YOU did not lock her out. Tenants' rights and responsibilities when moving out Region: Ontario Answer # 452 ... a tenant is generally required to leave the rented premises in the same condition as it was when they moved in minus reasonable wear-and-tear. Log in or sign up to reply Posts 8; Votes 4; Terrence Arth. Guide to the landlord and tenant law, Ontario's Residential Tenancies Act and the regulations of the Ontario Landlord and Tenant Board. If you are a commercial tenant and are unsure of your obligations when moving out, you should consult a lawyer. The sheriff is the only person who is allowed enforce the LTB order and make you move out. If you’d like to receive an email when a new post is added to our blog, let us know. Boarders are not recognized by Landlords or the Ontario Tenant Protection Act. You can get this application and the instructions on how to complete it at tribunalsontario.ca/ltb/forms, at any LTB office, or by phoning us at the numbers below. Investor from Scottsdale, AZ. The decision is made as quickly as possible, sometimes even on the day that you file your request. If you have to move out, the LTB eviction order will include a date you have to move out by. For example, after a tenant's repeated destructive behavior, a landlord may consider changing the locks and putting the tenant's property out in the street. While the landlord may be able to sell their rental property, it must be in good faith and done according to the rules laid out by the Landlord and Tenant Board. Fill out the Application about Tenant Rights (Form T2). As we were on holiday the first time and out for the evening the second this has involved a great deal of disruption for both us and them in organising the use of our spare key. On June 17, 2020, the Ontario government passed the Protecting Small Business Act, temporarily halting or reversing evictions of commercial tenants and protecting them from being locked out or having their assets seized during COVID-19. She is completely wrong here. 20. Once another tenant is living in the unit, the LTB cannot order the landlord to let you back in. Fill out the Application about Tenant Rights (Form T2). Remember: A notice of termination is not an eviction order. Staff will give you two copies of the Notice of Hearing and two copies of your application. However, sometimes a landlord will change the locks without getting an LTB eviction order. Or you can call the police non-emergency number. You should keep one copy of each document for yourself. In that case, you will have to "serve" (deliver) the application and Notice of Hearing on your landlord. If you don't leave by the date in the notice, the landlord files an application with the LTB for an eviction order. However, for most evictions, the landlord must follow the five steps below: It is illegal for your landlord to lock you out of your unit. The member could order that the landlord: The member could also order that your tenancy be terminated on a specific date. If the LTB orders your landlord to let you move back into your unit and your landlord does not obey the order, you will need to have the order enforced. If you have any questions about the Protecting Small Business Act we encourage you to contact Kenneth Beallor a senior partner in our Real Estate Group so that we can work with you to address your needs during this challenging time. It was about 8-9pm at night and they had their friends/family there helping them move all their stuff in, and someone accidentally locked the keys inside. A tenant shall not alter the locking system on a door giving entry to a rental unit … By Kenneth Beallor. If you don't apply within 15 days of the date on the order, it will expire and the sheriff cannot make your landlord let you move back in. I once had brand new tenants lock themselves out when they were first moving in. In your request, you can also ask the LTB to make an interim order which would prevent the landlord from renting the unit to anyone else before the hearing is held. First, the landlord is entitled to “re-enter” the premises, which usually includes changing the locks and preventing the tenant from using the premises any longer. You could also call the Rental Housing Enforcement Unit (RHEU), a government office at 1-888-772-9277 (toll-free) or 416-585-7214. Tenants can be evicted for either they (the tenant’s guest or someone else who lives in the rental unit) ... Landlord cannot lock tenant out of the rental unit. If a landlord doesn't follow the RTA process and locks you out illegally, you can: If your landlord has locked you out illegally, you can file the Application about Tenant Rights (Form T2) to ask the LTB for an order requiring your landlord to let you back into your unit and continue your tenancy. If a tenant fails to pay rent, a landlord has two options under the Commercial Tenancies Act. This is a legal eviction. Only a sheriff from the Court Enforcement Office can force you to move out. The order may say you are allowed to stay in your unit or you may be told to move out. YOU did not forget the key. This means you will have to apply to the Court Enforcement Office for your area and pay a fee to have the sheriff come to your unit and make sure that the landlord lets you back in. ... Matthew acts for clients throughout Ontario, and can be reached at 519.660.2061 (London) or 647.792.9822 (Toronto). Fax: 416 863 0305 It is a little understood loophole in Ontario tenancy laws, but one so potent that it can put tenants out on the street with little recourse. A notice of termination is your landlord asking you to move out of your unit. In your request, you will need to explain why your situation is urgent. Landlord and Tenant Board Launches Online Payment for Application Fees The Landlord and Tenant Board (LTB) is offering landlords and tenants a new and convenient way to pay application fees. At the hearing, both you and your landlord will have a chance to explain your side of the situation. I send them the link to the appropriate Ontario Landlord & Tenant Board brochure. Your landlord gives you a notice to end your tenancy.