All rental residential property in Ontario is currently subject to the Residential Tenancies Act, 2006 (RTA), which regulates the price at which residential rental accommodation is available in Ontario, as well as all other aspects of the residential landlord and tenant relationship.
The RTA was proclaimed in force on January 31, 2007, replacing the following statutes (among others): Rent Control Act, 1992; Rental Housing Protection Act; part IV of the Landlord and Tenant Act; and the Tenant Protection Act, 1997. The Landlord and Tenant Board is a quasi-judicial tribunal and one of a number of such tribunals comprising the Social Justice Tribunals Ontario (SJTO). Completion and filing an application form with the LTB starts the legal process.
However, some applications will be void if certain notices have not been given prior to filing the application. For example, an application for termination of a tenancy based on a non-payment of rent will be dismissed if the prescribed notice to end a tenancy early for non-payment of rent (Form N4) was not served on the tenant at least 15 days prior to the filing of the application and arrears of rent are still outstanding as of the date of such filing.
If the N4 claims any sums other than rent, then the N4 is also void. Most scheduled hearings, particularly those based on rent arrears, are disposed of in a matter of minutes. Hearings at the LTB are typically scheduled in blocks with the vast majority disposed of as uncontested, adjourned, withdrawn, subject to consent, or mediated settlements.
If you are either a Landlord or Tenant with tenancy issues, contact D.A. Commissioning & Legal Services for an in-depth consultation to discuss your available options.