1. Being A Tenant in 2019?
April 9, 2019
6pm – 8 pm St John Church, 23 Water Street North
Joseph W. Richards II Staff Lawyer, WRCLS

2. Outline Introduction What’s New? By Law Enforcement Rental Increases
“Renovictions”
Closing Thoughts
RTA: Residential Tenancies Act, 2006
TPA: Tenant Protection Act
LTA: Landlord and Tenant Act
RRA: Residential Rent Regulation Act
RCA: Rent Control Act
LTB: Landlord and Tenant Board

3. Introduction RTA: Residential Tenancies Act, 2006
LTB: Landlord and Tenant Board
Evidence-based: saying vs. proving
Being A Tenant in 2019:
Be Prepared
Be Alert
Be Reasonable
Be Cordial (potential witnesses!)

4. 1. What’s New?

5. Domestic Violence September 8, 2016
Close relationship + fear/actual bodily harm
Any actual sexual violence
Tenant can end tenancy with 28 day notice (N15)
N15 + Statement/Peace Bond/Restraining Order
See Section RTA
Standard Lease
Compensation for own use (1 month)
Declarations vs. Affidavits
Sexual violence is defined at 47.3(2): “sexual violence” means any sexual act or act targeting a person’s sexuality, gender identity or gender expression, whether the act is physical or psychological in nature, that is committed, threatened or attempted  against a person without the person’s consent, and includes sexual assault, sexual harassment, stalking, indecent exposure, voyeurism and sexual exploitation. 2016, c. 2, Sched. 6, s. 1.
Confidentiality provisions: 47.4(1)
Rent deposit enures to benefit of joint tenants: 47.2(8)
After a joint tenant vacates due to domestic abuse, remaining tenants can give 60 day notice to end tenancy. If more than 1 remaining joint tenant, notice must be given together: 47.2(9)
Landlord cannot challenge truth of tenant’s allegation: 47.3(6)
Questions:
Define ‘dating relationship’
Close relationships – “blood”. Define? How close? Third, fourth cousin? What about cultures where “blood” relationship is not that important. Brothers who are not brothers by blood, but were raised as such though not formally adopted?
3. If you fear bodily harm, why can’t notice be used if prospective abuser is a close friend/stalker, etc. ?

6. Compensation for Landlord’s Own Use
September 1, 2017
N12 + landlord personally requires unit [Reason 1]
Tenant entitled to compensation of one month’s rent
Rental unit must be owned in whole or in part by an individual + the Landlord must be an individual
Compensation required by termination date in notice

7. Standard Form Lease Effective date: April 30, 2018
Mandatory BUT other agreements still enforceable
Tenant makes request & LL has 30 days to comply
If LL non-compliant, tenant can withhold one month’s rent
If LL still non-compliant after a further 30 days, tenant can keep the withheld rent
See Section 12.1 RTA

8. Rent (De-) Control?
2017: “New” (post-1991) unit exemption to rent control was abolished
Notices after April 20, 2017 are only eligible for guideline increase
November 15, 2018: units/buildings/additions first occupied after this date are exempt from rent control [see new section 6.1 RTA]

9. Declarations
January 2019
Affidavits no longer required for own use apps or tenant’s motion to void
Declaration does not require a commissioner
Forms available on LTB website

10. Rules of Procedure Jan. 23, 2019: significant changes, renumbering
Service by only allowed if written consent
Updated

11. LTB Fee Waiver As of January 2019: $55 for T2s and for T6s
As of mid-2014, tenants can submit fee waiver requests to the LTB
If tenant is on government assistance = automatic qualification under Reason 1 (OW, ODSP, OAS/GIS, War Veterans’ Allowance, CPP)
If tenant does not qualify under Reason 1, then they may qualify under Reason 2 based on an income scale (family of 4, gross monthly income must be under $3, 390; for a single person = $1, 650).
Check ONLY Reason 1 OR Reason 2
Tenant must sign the fee waiver request
To download the form:

12. 2. By Law Enforcement

13. Steps Try to resolve with Landlord before contacting bylaw
Contact Rental Housing Enforcement Unit
May be directed to Electrical Safety Authority (ESA) and /or local fire department
Be persistent: no ongoing complaint = no action
Request copy of bylaw order (evidence!)
What’s really going on?

14. 3. Rental Increases
-common issues involving tenancy agreements.

15. GIs vs. AGIs 2 types: Guideline or Above Guideline (AGI)
Permitted once every 12 months
Every year, prov. Govt sets guideline: 1.8% (2018/2019)
Landlords must use N1 form
Verify calculations
AGI: capital expenses, municipal charges, and/or utilities costs
Obtain/review disclosure & go to hearing
-oral/written = does not matter, s. 2 RTA
-I recommend agreement in writing, but if not, at least get LL’s proper contact info (tel, address, ). Prompt payment discount: s. 111(2). DANGER: can be taken away at any time. Negotiate higher fixed rent, if possible. Normally not implied : s. 10(0.1), O. Reg 516/06.

16. 4. “Renovictions”

17. Key Points About Eviction
Lawful reason required
LTB Order required to enforce eviction
Prevention is possible
Notices of Termination contain allegations NOT proven facts
Eviction is remedy of last resort (s. 83 RTA)

18. Eviction Procedure Step 1: Notice to Terminate a Tenancy
Step 2: Application to Terminate a Tenancy
Step 3: Disputing an Eviction
Step 4: Mediation / Consent Orders
Step 5: The Hearing
Step 6: The Eviction Order
Step 7: The Sheriff – Enforcement of an Order
Step 8: Review of an Order

19. Renoviction: Defining the Issue
Renovation + eviction: LL plans large scale renovations and claims that Tenant needs to move out for the duration of repairs
Tenant entitled to (up to) 3 month rent compensation
Tenant feels pressure to leave (even without an N13 form) and sometimes parties sign an N11
Remember: notices are allegations
General right to privacy: s. 25
Entry provisions: sections 26/27
Corollary of the right to privacy is the right to have anyone occupy your unit while you are a tenant. No approval required for visitors, guests, or long-term guests, as long as you are not breaking any laws or regulations!

20. Closing Thoughts

21. Supports Early intervention is key
For those who financially qualify, contacting Community Legal Services is highly recommended as soon as possible: free legal advice!
Phone a friend

22. Tenant Organizing
Knock, Meet, Document, Attend hearings, Share Experiences
Cannot be penalized for organizing an association (BUT be reasonable!)
Tenant Organizing Manual
Prevention is the best medicine

23. Bottom Line From Inadequate communication  Proactive resolution
Prepare for evidence-based proceedings
Utilize ALL available services/supports: WRCLS, duty counsel, mediation
Watch out for changes: e.g. ‘super’ fast track evictions? Private bailiff evictions?
Stand your ground: stand up for your rights
“He’s been harrassing me for three years”. Well. Why didn’t you complain earlier? You can only go after conduct that has occurred in the past year.
“He shouldn’t be able to get away with this”. Well. For your own peace of mind, move out if you get the opportunity. Security of tenure is not always your best friend.

24. Key Contacts
Rental Housing Enforcement Unit (formerly the IEU) :
Landlord and Tenant Board:
Landlord Self-Help Centre:
Human Rights Legal Support Centre:
CLEO: (very helpful brochures)
CERA (Center for Equality Rights in Accommodation): ext. 1
Waterloo Region Community Legal Services: (519)
Municipal By-Law Enforcement: Kitchener ( ), Waterloo ( ), Cambridge ( ext. 7907)

25. QUESTIONS FOR DISCUSSION
What are your current experiences as tenants?
What are the main challenges that tenants face?
What changes would you like to see in the law?