Frequently asked questions

Landlords and Tenants

What can I do if my Tenant is always late with the rent and/or not paying the rent?

  • Give the tenant the N8 Notice to pay the rent they owe or move
  • File Application to Landlord and Tenant Board for order to collect rent that the tenant owes

How long must I wait before filing an application with the Board for Non-payment of Rent?

  • If a tenant does not pay rent on the date that it is due, the landlord can give the tenant a Notice to End a Tenancy Early for Non-payment of Rent the day after the rent was due. If a tenant pays rent monthly, this notice gives the tenant 14 days to pay the rent due or to move out. If the rent is not paid, and the tenant does not move, the landlord can apply to the LTB for an order that: requires the tenant to pay the rent that is owing, and evicts the tenant if they do not make the entire payment by a deadline
  • If a tenant is often late with the rent, the landlord can give a Notice to Terminate a Tenancy at the End of Term. Daily or weekly tenants must be given notice 28 days before the end of their lease or rental period. In all other cases, the tenant must be given notice 60 days before the end of their lease or rental period.
  • The landlord can apply to the LTB for an order evicting the tenant right after giving the tenant the Notice to Terminate a Tenancy at the End of Term. A hearing will be held and both sides will have a chance to give their side of the story.

How long does the eviction process take?

An average of 75 days, however in Ontario there is an average of 28 days’ worth of delays for errors on the part of the Landlord or deliberate action from the tenant

Can a Landlord enter a rental unit whenever they want?

– No. The Landlord must give the tenant 24 hours written notice before entering the unit. The Landlord can only enter the unit between 8:00 a.m. – 8:00 p.m.
– A Landlord can only enter a unit without permission when there is an EMERGENCY that requires the landlord to enter the unit (i.e. Flood, Fire, Electrical, Water Leakage)

Can the Landlord cut off my heat/hydro?

No, because it is classed as a “vital service. But if the bill is in the name of the tenant and the tenant did not pay the bill, and the service is cut off, then the Landlord is not responsible.

Can the Landlord evict me in the middle of winter?

Yes. There is nothing in the RTA that prevents a tenant from being evicted during the winter.

Can I stop paying the rent if the Landlord is not maintaining the unit/complex?

No. If you withhold rent, the landlord can give you a notice of termination for non-payment of rent and then file an application to evict you.

Can I, the tenant, sublet or assign someone else to my rental unit?

Yes, but only with permission from the Landlord

I have been served with a Notice of Termination. What should I do?

Read the notice to see why and when the landlord is asking you to leave. You may want to:
• talk to the landlord about the notice and correct any problems, if possible.
• leave the unit.
• stay in the unit and see if the landlord files an application with the LTB. You will have a chance to explain the situation at a hearing. You have the right to stay in your unit until the LTB issues an eviction order.

Can a landlord charge a fee if a tenant's rent cheque is returned NSF?

Yes. If a tenant’s rent cheque is returned NSF, a landlord can ask the tenant to pay for the charges the landlord has to pay to the bank, plus an administrative charge of up to $20. Landlords can also claim any NSF cheque charges if they apply to the LTB for arrears of rent.

Can I represent myself at the LTB?

Yes, but proper notices and applications must be filed within certain timelines.  Failing to do so results in delays and additional costs.

Small Claims

What types of matters are heard in small claims court?

Civil cases involving small amount of money, usually less than $25,000.00

What are the common issues heard in small claim court?

  • Unpaid accounts for goods or services sold and delivered
  • Unpaid loans
  • Property damage
  • Personal injuries
  • Breach of contract

Who can sue and be sued in Small Claims court?

  • An individual
  • A company/corporation or registered partnership

Can I sue someone based on a verbal agreement?

Yes, but you need to prove that a binding agreement was in place and without written documentation this is very difficult to prove

Is there a time limit on how long I can wait to sue?

A claim can’t be filed if more than two years has passed since the incident happen.

Can I get my legal fees back if I win?

  • If you win, the judge may order the defendant to pay some of your costs.
  • Even if you win, the person/business you sued still might not pay you or return your
    goods. Then the next step would be to enforce the judgment, involving fees.

How long does it take for Small Claims court cases to be settled?

Depending on the case, it could take approximately one year or more.

What forms do I need to start a claim?

To start a claim, you must complete a Statement of Claim. When this is done, bring the form to Small Claims Court. An authorized officer of the Court must number, register and sign the documents before they can be served on the defendant.

Can a judgment affect my credit rating?

Yes. A judgment will appear for 7 years from the last date activity was reported on the judgment (e.g. last payment). A judgment is also enforceable for 15 years. If an execution is registered against your name and you own a home, it will affect your ability to refinance your home.

Can I represent myself in Small Claims Court?

Yes, many people represent themselves in court.

Can I represent myself in Small Claims Court?

Yes, but there are risks involved if you are unfamiliar with the Rules and other applicable legislation which would put you at a disadvantage and be detrimental to your case.

Can I get my legal fees back if I win?

If judgement is ordered in your favour you can request your legal fees be paid by the unsuccessful party based on 15% of the amount claimed.  A Judge may be able to order costs above 15% in special circumstances.

Traffic Violations

What happens if I ignore my ticket?

Your license may be suspended, and you may incur additional penalties. Also, if you do not appear in court you can be charged with an infraction of “failure to appear”.

Will a ticket in another province affect my license in Ontario?

Yes, and you could add demerit points on your license.

How long does a ticket remain on my driving record?

2 years from the date of conviction, plus you may also notice an increase in your insurance premium for 3 years.

Will my insurance go up from one ticket on my record?

Yes, once the insurance company becomes aware of the ticket. Insurers usually contact the Ministry of Transportation and check the driver’s abstract when a renewal comes due.

What sort of factors can influence my case?

  • An officer’s disclosure, such as your dialogue with him admitting your guilt
  • Delivery time of the disclosure, the time between defense date and trial date.
  • Your past record

What if the officer doesn’t show up, will I win?

  • Not necessarily because the officer may have a good reason why he could not be present that day.
  • The prosecutor may ask for an adjournment the same as you could if you needed more time for one reason or another

I got charged with not having my permit and insurance card? If I bring these to court will they throw out the charges?

This is up to the prosecutor. Some cities will withdraw the offense and others will accept a guilty plea for a lesser fine. There is no hard-fast rule on the discretion of paper charges.

Can I fight a seatbelt offence ticket?

Yes. There are a few exceptions which include medical (letter from a physician), driving in reverse, engaged in work requiring you to exit from your car at frequent intervals when not travelling above 40 km/hr.

My driver's license was suspended for non-payment of fines. Once I pay the outstanding fines, how long will it take for my license to be re-instated?

When all outstanding fines are paid in full, it takes three to five working days to re-instate your driver’s license. You must also pay a re-instatement fee to the Ministry of Transportation (Service Ontario) before you will be re-instated.

What happens if I refuse to take the breathalyzer test?

Refusing to provide a breath sample is a criminal offence. If you refuse a breath test, you will be charged with refusing to comply with a police demand. If you’re found guilty, you will be sentenced to a minimum $2000 fine and a 1-year driving prohibition for a first offence. A second offence has a minimum punishment of 30 days in jail.

Sivapatham Legal Services

Sivapatham Legal Services Professional Corporation offers various paralegal services in Toronto and throughout Ontario focusing on a wide scope of practice. We represent clients in Small Claims Court, the Landlord and Tenant Board, and Provincial Offences Court. Contact Sivapatham Legal Services for a free twenty minutes consultation with an experienced Paralegal to discuss your legal matter. We are here to help you to ensure your rights are protected. Contact our experienced Paralegals as we provide Paralegal Services in Toronto, GTA & Ontario.

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