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Need Help Evicting a Tenant?


Reginald L. Bent
Court Advocate

Licensed by The Law Society of Upper Canada Paralegal #P04491

Landlord & Tenant • Small Claims • Municipal By-Laws • Traffic Tickets

2 Larkdale Terrace  Brampton ON L6R 1W5

Telephone 416-564-3125      Email: reg.bent@gmail.com


Online Reports


To enhance your buying and selling experience, it’s our job as real estate professionals to provide you with as much valuable information as possible. It is essential that the buyer or seller be aware of all aspects of the real estate market before making a major decision. Whether it be through newsletters, checklists or news articles, we are here to make this process stress-free and rewarding. Please access our free reports today!

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More Videos


For More Videos on How the Landlord and Tenant Board works visit:  http://ontariolandlords.org/videos/


Rent Increases


The Ministry of Municipal Affairs and Housing announced the 2015 rent increase guideline at 1.6%.

The 2015 guideline applies to rent increases that will be taken between January 1, 2015 and December 31, 2015. 

Landlords may increase rents once every 12 months for sitting tenants by the guideline amount without seeking approval from the Landlord and Tenant Board.  Landlords must provide 90 days written notice using the prescribed LTB Form N1.

Exemptions from the Annual Rent Increase Guideline:

The annual guideline applies to most, but not all residential rental properties in Ontario.  The Act lists situations, in section 6 (2), in which a landlord may increase rent to an amount that is not limited to the guideline amount. 

The provisions of the RTA that deal with the maximum amount by which rents can be increased do not apply with respect to a rental unit if:

  • it was not occupied for any purpose before June 17, 1998 - meaning it is either in a new building (often a condominium building) built since 1998, or an older building with a new unit or never occupied, residentially or otherwise, before June 17, 1998;
  • it is a rental unit no part of which has been previously rented since July 29, 1975 – meaning only the owner has used or occupied the unit since 1975; or
  • no part of the building, mobile home park or land lease community was occupied for residential purposes before November 1, 1991 - meaning the building was probably commercially used before 1991 and then was converted to residential use.

In the above situations, an N2 rent increase form can be given when increasing the rent by any amount.  In most other situations (unless the rent increase is by agreement of both parties) an N1 form should be given to increase rent only by the guideline. 


Extended Clauses


Sample Rental Clauses can be found on EzOffer or WebForms.   Here are a few you might not find online.

 

Extended Sample Clauses:

Utilities:

Where the Tenant(s) is responsible for paying the utility to an outside provider (not the Landlord), the Tenant(s) acknowledge, agree and understand that written confirmation that all such utilities and or services have in fact been transferred into the Tenant(s) name must be provided to the Landlord PRIOR to the Tenant(s) being given possession of the rented premises.

The Tenant(s) further acknowledge, agree and understand that in the event that the Tenant(s) fail to provide the Landlord with the aforementioned confirmations, the Landlord will have the right to refuse to deliver possession to the Tenant(s) on the date set out in this agreement.

RIGHT TO ENTRY:

The Tenant(s) agrees that in addition to the rights of entry provided for under the Residential Tenancies Act, 2006, at the sole discretion of the Landlord, the Landlord shall have the right to enter the rented premises for the purpose of viewing the premises by prospective Realtors, for the purpose of listing the rented premises for sale, to hold open houses, to conduct an appraisal, to obtain quotes for renovations and or repairs, to conduct fire inspections and to determine the condition of the rented premises at any time, including outgoing inspection at the end of the tenancy. The Landlord has the right of entry for the aforementioned reasons provided the Landlord gives to the tenant the required notice in accordance with Section 27 of the Residential Tenancies Act, 2006.

“It is agreed between the parties that the Landlord’s of a Right of Entry under this clause shall not constitute a breach of the convenant with the Tenant(s) for quiet enjoyment of the Rented Premises. For repairs requested to be done in the absence of the Tenant(s), the Tenant(s) must provide a written request and provide a written consent for the Landlord or the Landlord’s Agent to enter the Rented Premises”.
 

CONDITION – PHOTOS as Evidence:

The Tenant(s) has inspected and knows the condition of the rented premises and Tenant agrees to keep the property in a good clean state and the premises must be left in a clean and good state at the expiration of the term:   Tenants acknowledge condition as per the photos below.

TIP:  Insert Photos right into the Offer as a schedule B
 

ABANDOMENT:

If the Tenant(s) abandons the premises before the end of the term, the Landlord shall have the right at any time and from time to time to take possession thereof and re-let the same to any person on such terms as the Landlord may deem advisable and the Tenant(s) shall remain fully liable on this Lease. Any furniture and effects on the premises by the Tenant(s) at the time of abandonment shall be stored by the Landlord for a period of 30 days.

If the Tenant(s) agrees that the Landlord will be entitled to charge for such storage the sum of $30.00 per day and that the storage costs of the Landlord shall entitle it to a lien under the Warehouseman’s Lien Act.

Notice of Termination

If either the Tenant(s) or Landlord wishes to terminate this Tenancy Agreement at the end of term set out herein, the he/she must be give written notice to that effect signed by all Tenant(s) named in this agreement, and deliver said notice in accordance with The Residential Tenancies Act 2006, NOT LESS THAN SIXTY (60) DAYS prior to the expiration date of this Tenancy Agreement.

If either party fails to give the other such notice and the Tenant(s) continues in possession of the Rented Premises after the expiration of the term of this Agreement, then the Tenant(s) shall be deemed to be a month to month Tenant(s) bound by the same terms and conditions as set out in Tenancy Agreement.

The  Tenant(s) acknowledges and agrees that he/she must give the landlord not less than Sixty (60) days notice to vacate the rented premises before the date that termination is specified to be effective and such notice shall be effective on the last day of the month of occupancy. The Tenant(s) further acknowledges and agrees that once he/she becomes a month to month tenant, the right to sub-let or assign is forfeited. When all articles are removed from the rented premises the Tenant(s) acknowledges and agrees that an inspection of the rented premises will be carried out by the Landlord and the Tenant(s). The Tenant(s) further acknowledges and agrees that he/she will leave the premises fit for occupancy by the new Tenant(s)clean and undamaged. The Tenant(s) also acknowledges and agrees that should the Landlord have to clean or repair the rented premises as a result of the Tenant’s failure to do so, the tenant shall pay all costs of cleaning and or repair incurred by the Landlord.

 

RIGHT TO SHOW!

The Tenant acknowledges and agrees that after Notice of Termination has been given by either party, the Landlord has the right to show the rented premises to prospective Tenant(s) between the hours of 8:00 am to 8:00pm and should the Tenant(s) deny or interfere with the Landlord’s right to show the premises to prospective Tenant(s), the tenant shall be held liable and responsible and must compensate the Landlord for any rent lost as a result.

Overholding:

In the event that the Tenant(s) is obligated to vacate the rented premises on or before a certain date the Landlord has entered into an agreement with a third party to rent, purchase or mortgage the rented premises thereafter to such a third party and the Tenant(s) fails to vacate the rented premises on or before the specified date therefore incurring losses to the Landlord or causing the Landlord to be liable to such third party, then the Tenant(s) will, in addition to all liability to the Landlord for such overholding, indemnify and save harmless the Landlord for all losses suffered thereby, including without limiting the generality of the foregoing damages for loss of transaction, moving and storage expenses, alternate accommodation including the accommodation, and other liability which the Landlord may have to each third party as a result of such overholding.

Liability:

The Landlord shall not in any event whatsoever, be liable nor responsible in any way for personal injury, discomfort or death that may be suffered or sustained by the Tenant(s), any member of his/her family or household, any guest or other person’s) on the Rented Premises, the premises of the Landlord Corporation, or, for any loss of or damage to any property including vehicle(s) and contents thereof, belonging to the Tenant(s), or any member of the Tenant’s household, any guest or other persons while said property is on the Rented Premises or the premises of the Landlord or Condominium Corporation. In particular, but without limiting the generality of the foregoing, the Landlord shall not be liable to any damage to any such property or damage or discomfort to any person caused by, burst, malfunction or leak in water, steam, sprinkler, drainage pipes or plumbing works, a sack of heat or hot water during repair of the property, the condition or arrangement of any electrical or other wiring, anything done or entitled to be done by any other Tenant(s) of the Landlord or by the Landlord, his/her servants, agents, or workmen, malfunction of the elevator, acts of negligence by any owners or occupants of the adjacent property, any steps taken to eliminate vermin.

 

REPRESENTATION BY TENANT:

If the Tenant(s) has given any inaccurate information to the Landlord in the Offer to Lease, Rental Application, or this Tenancy Agreement, the Landlord shall be entitled to terminate this Lease Agreement.

Change to Lease:

Not withstanding any terms or conditions outlined in this preprinted portions herein, any provisions written or typed unto this Lease that are inconsistent with the, pre-printed portion shall supersede the pre-printed portion with respect to the said inconsistent terms, provided the changes are initialed by all parties to this agreement.

NSF FEES:

The costs incurred by the Landlord as a result of the handling of an NSF cheque given by the Tenant(s), shall be paid for by the Tenant(s). The amount shall be the actual cost incurred by the Landlord for any charges made by the Landlord’s bank PLUS a $ 20.00 administrative cost. All of such overdue accounts and charges for dishonored cheques shall be an obligation of the Tenant(s) in default.

WATER APPLIANCES: ** ? **

The water closets and other water apparatus shall not be used for any purpose other than that for which they were constructed and no sweeping, garbage, rubbish, rags, ashes, cat litter diapers, sanitary products or other substances shall be thrown therein. Any damage resulting to them from misuse or from unreasonable us .shall be borne by the Tenant(s) who or whose family, guest, servants, clerks, or agents shall cause it.

The Tenant(s) shall not allow any waste of water in the rented premises or allow the water to be left running unless it is in actual use. It is an obligation of the Tenant(s) to immediately report any defects in taps and or water closets.

Bulbs/Smoke Detectors:

The supply and replacement of electric light bulbs and fuses within the rented premises is the responsibility of the Tenant(s) after taking possession of the rented premises. The Landlord will ensure that the smoke detector(s) are in good working order upon move-in and after such the Tenant(s) must maintain the smoke detector and its battery in working order. The Tenant(s) further agrees to immediately advise the Landlord of the non-functioning of such smoke detector device(s), except when it results from the failure and or non-replacement of the batteries. The Tenant shall indemnify and save the Landlord harmless from all damages, causes of action, actions, costs and any other judicial proceedings commenced against it resulting from the Tenant’s failure to comply with the aforementioned obligation.

The Tenant(s) shall maintain all appropriate insurance to cover any liability hereunder and any liability of the Tenant(s), the Tenant’s household, guests or visitors, including property and public liability insurance.

 

Bankruptcy

In the event of the bankruptcy of the Tenant(s), the Landlord shall rank as a preferred creditor pursuant to the Bankruptcy Act in respect of arrears of rent for a period of three (3) months rent proceeding the bankruptcy; following the date of bankruptcy, the Landlord shall rate as a preferred creditor in respect of accumulated arrears for use and occupation of the Rented Premises until sixty (60) days following the date that the Tenant(s) gives vacant possession to the Landlord, or until the Rented Premises are re-rented, which ever is earlier. Any arrears following the date of bankruptcy are to be calculated on the basis of 1:6333 per diem of the total amount payable under the Tenancy Agreement pursuant to clause 4.

Guarantee

In consideration of the execution and delivery of this Tenancy Agreement by the Landlord, the Guarantor, as principal debtor, agrees to execute an agreement made under collateral to this Tenancy Agreement which, upon execution by the Guarantor and the Landlord, shall be deemed to constitute a part of and be incorporated into this Tenancy Agreement with the Guarantor deemed to be a party to this Tenancy Agreement.


TERM OF THE RENT WORDING – Pro-Rated:

 The Tenant(s) shall occupy the rented premises, subject to the present Tenant(s) vacating, for the term(s) and rates as follows:

For a period of months commencing the first day of ____, 20__ and ending the last day of __________ , 20 at a monthly rent of $___________________________

In the event the term shall not commence on the first day of the month, Pro-Rated Rent in the sum of $___________ is to be paid in advance for the period commencing on the day __________ to the ______, 20___

Rent is due payable in advance on the first day of each month during the term described above, provided that the first month’s rent and/or the pro-rated rent as set out in this Tenancy Agreement is paid and provided that the payment is made in full, the Landlord agrees to grant possession of the rented premises to the Tenant(s). In the event that the aforementioned payment(s) is not made on the date specified, the Tenant(s) shall be responsible for legal costs on a substantial indemnity basis, including but not limited to filing fees , to recover such arrears of rent and any other expenses which may have been incurred.

 

ADDITIONAL TIPS

*** Watch out for Items like – Show is to remove Snow, Cut Grass Etc.   Did you know that is a separate issue and a separate contract signed ***

 

*** SOLD PROPERTY - If you are Evicting a Tenant on the Basis the New Buyer Requires the Property for their own personal use -- never Assume the Tenant will leave on Time!  Always speak to the Sellers Solicitor to ensure property steps are taken.


FORMS


We do Not post forms on this site as they change form time to time.  Ensure you have the most current forms by visiting

http://www.ltb.gov.on.ca/

 

NOTICES OF TERMINATION

Notice Forms

Most of the notice forms listed below are for a landlord to use when giving notice to a tenant to end the tenancy. The Form N9 is the notice form a tenant must use to give the landlord notice that they are moving out.

If you know which notice form you need, click on the Form # or title of the form to view, download or print the form. For more information about the purpose of each notice and for help in choosing which notice to use, go to the Help for Landlords orHelp for Tenants page of our website.

 

Most common form for Realtors is the N12 form giving the Tenant Notice the New Buyer will be requiring the property for his personal use.  Read Carefully!

Link to Forms Page - http://www.ltb.gov.on.ca/en/Forms/STEL02_111310.html

Samples Below:

 
Form # Adobe Acrobat logo Title of Form Latest Release Date InstructionsAdobe Acrobat logo    
N4   Notice to End your Tenancy Early for Non-payment of Rent Apr 01/15 N4 Instructions
N5   Notice to End your Tenancy For Interfering with Others, Damage or Overcrowding Apr 01/15 N5 Instructions
N6  Notice to End your Tenancy For Illegal Acts or Misrepresenting Income in a Rent-Geared-to-Income Rental Unit Apr 01/15 N6 Instructions
N7  Notice to End your Tenancy For Causing Serious Problems in the Rental Unit or Residential Complex Apr 01/15 N7 Instructions
N8   Notice to End your Tenancy at the End of the Term Apr 01/15 N8 Instructions
N9  Tenant’s Notice to End your Tenancy Apr 01/15  
N12  Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit Apr 01/15 N12 Instructions
N13   Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it or Convert it to Another Use Apr 01/15 N13 Instructions

Online Reports


There is no Notice to Enter Unit on-line.  Here are examples of our inhouse form

Notice To Enter Rented Premises - PDF
PDF Format
Notice To Enter Rented Premises - WORD FORMAT
Word Format of Sample Form
Toronto Star Article About Increasing Rents on New Condos
Landlords raising rents on new condos over the Government Yearly Allowance. Your Investor Landlords may appreciate viewing this article.
First Name: 
Last Name: 
Email: 
Phone: 
Comments: 
 
* * Maximum of 2000 characters


Pod Casts (Listen to Answers)


Landlord's Self-Help Centre is pleased to announce the launch of our podcast project, Sound Advice for Landlords!

The podcast project provides information on a broad range of issues related to renting and residential tenancies in Ontario.  They are presented in an easy to understand question and answer format and feature experts speaking to a variety of key topics which underpin the success of landlord and tenant relationships. 

This project gives small-scale landlords across the province convenient access to essential information in an audio format.  The podcasts offer learning on demand as they can be played online or downloaded to a personal listening device, a written transcript accompanies each podcast.

Select topic by clicking button          
               
Serving Documents to Tenants          
Entering a Tenant's Rental Unit          
Tenant's Belongings          
           

http://www.landlordselfhelp.com/sound_advice_index.htm