The legal relationship between landlords and tenants is governed in Ontario by the Landlord & Tenant Act. Pursuant to the Act, landlords and tenants are provided with rights and corollary responsibilities. It is vital for landlords and tenants to know their legal rights and obligations in order to be in conformity with the Act. This discussion is only intended to be a brief summary of the process available to landlords and tenants to exercise their rights under the Act.
(i) Bringing the Tenancy to an End
A landlord or tenant wishing to bring the tenancy to an end is required to do so by serving a Notice of Termination. A Notice of Termination by a landlord or tenant must be in writing, identify the dwelling with sufficient clarity, specify the termination date, and be signed by the party giving notice, or landlord's agent.
In addition, a landlord providing a Notice of Termination must include:
After attempting to serve a tenant personally, a landlord may serve a Notice of Termination by:
The Notice of Termination can be served by a tenant to the landlord or agent personally or by regular mail. Depending on the type of tenancy arrangement, the landlord or agent must be served with the Notice of Termination within a specified period of time.
(ii) Dispute of Notice by Tenant
A tenant has the right to dispute a Notice of Termination. The tenant in such a case would not be required to move out of the premises unless ordered to do so by a court.
(iii) Offences and Penalties
Breach of the following offences under the Act allow an individual to be liable for up to $5,000 and a corporation for up to $25,000:
We at Paradiso & Associates realize the potential of a landlord & tenant relationship to become strained. Allow our expertise and experience in this field of law to guide you. You may contact us for an initial consultation, free of charge.