There are significant changes that are vital for a landlord and tenant to understand to ensure their rights are protected. In effect of the Act’s changes, Bill 184 now permits landlords to apply to the Landlord and Tenant Board (“the LTB”) to seek compensation to a tenant interfering with another enjoyment of the unit and a tenant’s failure to pay any utility costs. This is permitted as long as it is one year from the date the former tenant has vacated the unit. The landlord must compensate their tenant with one’s month rent for no-fault evictions. As a result of the amendments introduced in Bill 184, landlords require affidavits connected with Applications to the Board to terminate a tenancy. A landlord must comply with this amendment when filling an application to terminate a tenancy according to any one of the sections 48, 49, or 50 of the Residential Tenancies Act. The affidavit must outline the particular of the termination and explaining why the landlord would like to terminate the tenancy. The landlord also must indicate in the affidavit whether or not within two years of the application, if they have given any other notice of termination under the same sections with the same rental unit. The landlord must also compensate their tenant with one’s month rent or offer another rental unit if the tenant receives notice of termination of the tenancy for demolition or conversion to non-residential use. Further, the LTB may order up to 12-month rent in compensation for eviction notices issued in bad faith or where the landlord does not allow the tenant to move back after renovations or repairs. Bill 184 has also changed its’ penalties by increasing it.
Specifically, fines are doubled to $50,000 for individuals and $250,000 for corporations. Additionally, the LTB may order a former or current Tenant to compensate the landlord for the unit’s use and occupation after the tenancy has been terminated. The LTB may order a former or current tenant to compensate the landlord for unpaid utilities required to pay under the tenancy agreement when they had the unit. Notably, the LTB may order the former or current tenant to compensate the landlord for reasonable costs or repair costs incurred, or where repairing is not fair the replacement of damaged property while the previous or current tenant is or had the unit. Lastly, any rent increase is valid if the tenant has agreed to pay and paid for 12 consecutive months.
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