by Editorials Team | Sep 11, 2020 | Blog
A landlord has the right to enter in the rental unit (“unit”) in specific circumstances. Landlords are required to follow specific procedures outlined in the Residential Tenancies Act, 2006 (the “RTA”). This section illustrates the two types of entries and the requirements for each entry.
A landlord may enter into a unit without notice in four situations. Two situations are in emergency settings and if a tenant consents to the landlord entering the unit at the time of entrance. If the landlord and tenant have an agreement in the tenancy agreement that permits a landlord to clean the rental unit, the landlord is allowed to enter. The landlord can enter at the times outlined in the agreement or anytime between 8:00 a.m. and 8:00 p.m. if not outlined in the agreement. If there is an agreement or a party to the contract that has given notice of termination to the other party, the landlord is allowed to show prospective tenants the unit between 8:00 am – 8:00 pm. However, the landlord must inform or take reasonable measures to notify the tenants of the landlord’s intention to enter.
A landlord is permitted in specific circumstances to enter the unit with a written notice given to the tenant at least 24 hours before the time of entry. A landlord is allowed to enter the unit for repairs, replacements, or any reasons for entry outlined in the tenancy agreement. A landlord also may enter the unit for specific individuals to view the rental unit, such as a potential mortgagee, or an insurer.
A written notice must be provided to a tenant at least 24 hours before the time of entry. A notice must outline the date the landlord will enter, the reason for entry, and the time of entry between 8:00 a.m. and 8:00 p.m. A notice can be provided to the tenant by handing it to them in person or to an adult in the unit.
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by Editorials Team | Sep 11, 2020 | Blog
A majority of landlords have tenancy agreements with their tenants for a minimum of one year. After one year, the landlord will either sell or move into the rental unit. One of the most significant challenges a landlord faces is evicting tenants from the rental unit. Many landlords hire professional paralegals in times of conflict to help them understand their rights, responsibilities, and possible solutions a landlord has.
One way a landlord can evict a tenant is by serving the Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit (N12). If the landlord, landlord’s spouse, child, purchaser or the purchaser’s immediate family member requires the rental unit for their use, the N12 must be served to the tenant. the notice must be served a minimum 60 days early from the termination date. The landlord must compensate the tenant before the termination date.
After the landlord served the N12, if the landlord reasonably believes that the tenant is not going to move out by the termination date outlined in the N12, a landlord should file an Application to End a Tenancy and Evict a Tenant (L2) with the Landlord and Tenant Board (“LTB”).
Further, the landlord has to prove that they will compensate the tenant before the termination date. If the landlord or the person who moves in fails to establish their intentions in good faith, it can lead the adjudicator to delay or deny the application.
If the tenant believes that the landlord has brought an application in bad faith, the tenant shall proceed with filing an application with the LTB. Suppose the tenant becomes aware that the landlord rented the rental unit for a new tenant, increasing the rent. In that case, the landlord may compensate for moving cost for the previous tenant, rent differences, and 12 months rent as an abatement.
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by Editorials Team | Aug 30, 2020 | Blog
In a majority of issues between the landlord and tenant is about Non – Payment of Payment. If a tenant does not pay the legal rent, the landlord starts with serving a notice to end a tenancy early for non- Payment of rent (N4) to the tenant to either collect the outstanding arrears or terminate the tenancy. The N4, outlining the rent arrears and the time limit that the tenant should pay the rent arrears. The notice has the power to solve a conflict between the landlord and tenant before going to the Landlord and Tenant Board.
If the tenant does not respond or pay the arrears owed in the notice, the landlord must then file an application call Application with The Board to End A Tenancy Early for Non- Payment of Rent and To Collect the Rent That the Tenant Owes (L1). When the landlord file and application, he or she need to file a certification of services along with that application to prove that the landlord serve a N4 to the tenant. Whenever the landlord serves and file an application, must check the limitation periods.
Once an application filed with the landlord and tenant board, the Board will schedule a hearing to decide the application approximately between 2-5 weeks. All parties will be informed regarding the hearing through a Notice of Hearing, which outlines the date, place and time of the hearing. It is very important for all parties involved in a matter to participate in a hearing to ensure they have an opportunity to explain their situation to the adjudicator. Prior to a hearing, landlord and tenant have change to resolve through a mediation. Mediation facilitated by qualified mediator. A Board member, specifically an Adjudicator, will hear an application at the hearing and write their decision. Final the board will issue an order, in which the Board will always provide a copy to the landlord and tenant within 10 business days.
Tenant shall comply with order, most of the time the order request the tenant to pay the arrears within certain time or to vacate the rental unit by specify time. If the tenant does not comply with the order, the landlord cannot personally enforce the order, even the police has no authority to assist to vacate the tenant. An order can only be enforced by the Court Enforcement Office, also referred to as the Sheriff’s Office.
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by Editorials Team | Aug 30, 2020 | Blog
There are various disputes where an individual can file a claim to obtain a judgement as a remedy in the Small Claims Court (“the Court”) pursuant to the O. Reg. 258/98: Rules of The Small Claims Court. This section explains frequent conflicts that individuals can seek a remedy by filing a claim with the Court.
UNPAID LOANS/ INVOICES
When a person is involved in a situation that requires finances, especially unexpected expenses, the situation can be stressful. Specifically, individuals obtain loans from friends, families, banks, and other various institutions. When the lender does not receive the money back, the lender experiences financial hardship and unnecessary stress. Filling a claim with the Court, allows an affected party to advocate on behalf of their interests, and if successful can obtain a judgement to reinstate the lender back in the position they were.
CONSTRUCTION / RENOVATION DISPUTES
It is a common practice for individuals to hire a contractor to provide various services. Sometimes, the offered services do not meet their client’s expectations, which leads to a discrepancy in what was agreed in the contract. One party may breach the agreement leading to a stressful dispute. In either scenario, paralegals can assist the party to resolve contract disputes. Specifically, by filing a claim with the Court, an affected party can obtain a judgement through strong advocacy to reinstate the affected party back to the original position they were before the contract breach.
WRONGFUL DISMISSAL
Wrongful dismissal is when an individual’s employment is terminated, and the termination has breached an employee’s rights. Every individual that is dismissed without cause is entitled to a reasonable and fair severance package. Individuals that have been terminated without cause and who did not receive a fair and reasonable severance package are entitled to protect their interests. Remedies are available and can be obtained by filing a claim with the Court. Small Claims Court proceedings are very complex, detailed, and have rules in place. It is highly advised that employees work with paralegals to understand their rights and responsibilities.
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by Editorials Team | Aug 13, 2020 | Blog
Three steps must be followed pursuant to the O. Reg. 258/98: Rules of The Small Claims Court To resolve a conflict between two parties for money or the return of personal property valued at $35, 000 or less. This section explains how to submit a claim with the Small Claims Court (“the Court”), the purpose of a settlement conference, and the trial.
A plaintiff is an individual in a matter that is pleading something and the one that starts a claim. The plaintiff must file a claim online or in person at the Small Claims Court, and they must pay the court fees. The other party is the Defendant. The claim must be served in person to the individual or business or mailed to the Defendant. This procedure is called serving the defence. The defence must respond to the claim by filing their claim and paying the fees for filing their defence.
Within 90 days after the defendant files the claim, all parties will receive a notice regarding a settlement conference. The purpose of a settlement conference is for both parties to provide their perspective and obtain an opinion from a deputy judge. All parties will have the opportunity to complete a Proposed Witnessed Document, which should be filed within 14 days before the designated settlement conference. The plaintiff and defendant must serve each other copies of additional documents that were not originally attached to the claim 14 days before the settlement conference.
If the matter is not resolved through a mutual agreement at the settlement conference, it will proceed to trial with a new judge. Both parties at the hearing will explain their argument, and witnesses can be called to testify for each party. The judge will make a final decision, which is the judgement.
Finally, the small Claims Court judgment will only indicate who owes what to who, but it does not say how to get the owing amount from a debtor. Creditor has to enforce the judgment, there are several tools available to enforce a judgment. Some of the tools that are available for creditors to protect their interests are garnishment, seizure and sale land, personal property, and an examination hearing.
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