Tenant Protection Act, 1997 S.O. 1997, CHAPTER 24
CONTENTS
Interpretation 1. (1) In this Act, "care home" means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; ("maison de soins") "care services" means, subject to the regulations, health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living; ("services en matière de soins") "guideline", when used with respect to the charging of rent, means the guideline determined under section 129; ("taux légal") "land lease community" means the land on which one or more occupied land lease homes are situate and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; ("zone résidentielle à baux fonciers") "land lease home" means a dwelling, other than a mobile home, that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling; ("maison à bail foncier") "landlord" includes, (a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit, (b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and (c) a person, other than a tenant occupying a rental unit in a residential complex, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent; ("locateur") "Minister" means the Minister of Municipal Affairs and Housing; ("ministre") "Ministry" means the Ministry of Municipal Affairs and Housing; ("ministère") "mobile home" means a dwelling that is designed to be made mobile and that is being used as a permanent residence; ("maison mobile") "mobile home park" means the land on which one or more occupied mobile homes are located and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; ("parc de maisons mobiles") "municipal taxes and charges" means taxes charged to a landlord by a municipality and charges levied on a landlord by a municipality and includes taxes levied on a landlord's property in unorganized territory, but "municipal taxes and charges" does not include, (a) charges for inspections done by a municipality on a residential complex related to an alleged breach of a health, safety, housing or maintenance standard, (b) charges for emergency repairs carried out by a municipality on a residential complex, (c) charges for work in the nature of a capital expenditure carried out by a municipality, or (d) any other prescribed charges; ("redevances et impôts municipaux") "non-profit housing co-operative" means a non-profit housing co-operative under the Co-operative Corporations Act; ("coopérative de logement sans but lucratif") "person", or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative; ("personne") "prescribed" means prescribed by the regulations; ("prescrit") "regulations" means the regulations made under this Act; ("règlements") "rent" includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a tenant to a landlord or the landlord's agent for the right to occupy a rental unit and for any services and facilities and any privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the rental unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but "rent" does not include, (a) an amount paid by a tenant to a landlord to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home or a land lease home owned by a tenant, or (b) an amount that a landlord charges a tenant of a rental unit in a care home for care services or meals; ("loyer") "rental unit" means any living accommodation used or intended for use as rented residential premises, and "rental unit" includes, (a) a site for a mobile home or site on which there is a land lease home used or intended for use as rented residential premises, and (b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("logement locatif") "residential complex" means, (a) a building or related group of buildings in which one or more rental units are located, (b) a mobile home park or land lease community, (c) a site that is a rental unit, (d) a care home, and includes all common areas and services and facilities available for the use of its residents; ("ensemble d'habitation") "residential unit" means any living accommodation used or intended for use as residential premises, and "residential unit" includes, (a) a site for a mobile home or on which there is a land lease home used or intended for use as a residential premises, and (b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("habitation") "Rules" means the rules of practice and procedure made by the Tribunal or the Minister under section 164 of this Act and section 25.1 of the Statutory Powers Procedure Act; ("règles") "same-sex partner" means a person of the same sex with whom the person is living in a conjugal relationship outside marriage, if the two persons, (a) have cohabited for at least one year, (b) are together the parents of a child, or (c) have together entered into a cohabitation agreement under section 53 of the Family Law Act; ("partenaire de même sexe") "services and facilities" includes, (a) furniture, appliances and furnishings, (b) parking and related facilities, (c) laundry facilities, (d) elevator facilities, (e) common recreational facilities, (f) garbage facilities and related services, (g) cleaning and maintenance services, (h) storage facilities, (i) intercom systems, (j) cable television facilities, (k) heating facilities and services, (l) air-conditioning facilities, (m) utilities and related services, and (n) security services and facilities; ("services et installations") "spouse" means a person of the opposite sex, (a) to whom the person is married, or (b) with whom the person is living in a conjugal relationship outside marriage, if the two persons, (i) have cohabited for at least one year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; ("conjoint") "subtenant" means the person to whom a tenant gives the right under section 18 to occupy a rental unit; ("sous-locataire") "superintendent's premises" means a rental unit used by a person employed as a janitor, manager, security guard or superintendent and located in the residential complex with respect to which the person is so employed; ("logement de concierge") "tenancy agreement" means a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit; ("convention de location") "tenant" includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant's heirs, assigns and personal representatives, but "tenant" does not include a person who has the right to occupy a rental unit by virtue of being, (a) a co-owner of the residential complex in which the rental unit is located, or (b) a shareholder of a corporation that owns the residential complex; ("locataire") "Tribunal" means the Ontario Rental Housing Tribunal; ("Tribunal") "utilities" means heat, hydro and water; ("services d'utilité publique") "vital service" means fuel, hydro, gas or hot or cold water. ("service essentiel") 1997, c. 24, s. 1 (1); 1999, c. 6, s. 62 (1); 2000, c. 26, Sched. K, s. 6 (1); 2002, c. 17, Sched. F, Table. Interpretation, sublet (1.1) For the purposes of this Act, a reference to subletting a rental unit refers to the situation in which, (a) the tenant vacates the rental unit; (b) the tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenant's term or period; and (c) the tenant has the right to resume occupancy of the rental unit after that specified date. 2000, c. 26, Sched. K, s. 6 (2). Rental unit, clarification (2) A rented site for a mobile home or a land lease home is a rental unit for the purposes of this Act even if the mobile home or the land lease home on the site is owned by the tenant of the site. 1997, c. 24, s. 1 (2). Application of Act 2. (1) This Act applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. Conflicts, care homes (2) In interpreting a provision of this Act with regard to a care home, if a provision in Part IV conflicts with a provision in another Part of this Act, the provision in Part IV applies. Conflicts, mobile home parks and land lease communities (3) In interpreting a provision of this Act with regard to a mobile home park or a land lease community, if a provision in Part V conflicts with a provision in another Part of this Act, the provision in Part V applies. Conflict with other Acts (4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 1997, c. 24, s. 2. Exemptions from Act 3. This Act does not apply with respect to, (a) living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home; (b) living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm; (c) living accommodation provided by a non-profit housing co-operative to tenants in member units; (d) living accommodation occupied by a person for penal or correctional purposes; (e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Community Psychiatric Hospitals Act, the Mental Hospitals Act, the Homes for the Aged and Rest Homes Act, the Nursing Homes Act, the Ministry of Correctional Services Act, the Charitable Institutions Act or the Child and Family Services Act or is listed in Schedule 1 to Regulation 272 of the Revised Regulations of Ontario, 1990 made under the Developmental Services Act; (f) short term living accommodation provided as emergency shelter; (g) living accommodation provided by an educational institution to its students or staff where, (i) the living accommodation is provided primarily to persons under the age of majority, or all major questions related to the living accommodation are decided after consultation with a council or association representing the residents, and (ii) the living accommodation does not have its own self-contained bathroom and kitchen facilities or is not intended for year-round occupancy by full-time students or staff and members of their households; (h) living accommodation located in a building or project used in whole or in part for non-residential purposes if the occupancy of the living accommodation is conditional upon the occupant continuing to be an employee of or perform services related to a business or enterprise carried out in the building or project; (i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner's spouse, same-sex partner, child or parent or the spouse's or same-sex partner's child or parent, and where the owner, spouse, same-sex partner, child or parent lives in the building in which the living accommodation is located; (j) premises occupied for business or agricultural purposes with living accommodation attached if the occupancy for both purposes is under a single lease and the same person occupies the premises and the living accommodation; (k) living accommodation occupied by a person for the purpose of receiving rehabilitative or therapeutic services agreed upon by the person and the provider of the living accommodation, where, (i) the parties have agreed that, (A) the period of occupancy will be of a specified duration, or (B) the occupancy will terminate when the objectives of the services have been met or will not be met, and (ii) the living accommodation is intended to be provided for no more than a one year period; (l) living accommodation in a care home occupied by a person for the purpose of receiving short term respite care; and (m) any other prescribed class of accommodation. 1997, c. 24, s. 3; 1999, c. 6, s. 62 (2); 2001, c. 13, s. 32 (1). Exemptions from rules relating to rent 4. (1) Sections 54, 55, 57, 58, 59, 92, 100 to 116, 121, 123 to 126, 129 to 143 and 189 do not apply with respect to accommodation that is subject to the Homes for Special Care Act. 1997, c. 24, s. 4 (1); 2001, c. 13, s. 32 (2). Same (2) Sections 100, 114, 116, 121, 123 to 125, 129 to 139, 142, 143 and 189 do not apply with respect to a rental unit if, (a) it has not been occupied for any purpose before the day this subsection comes into force; (b) it is a rental unit no part of which has been previously rented since July 29, 1975; or (c) no part of the building, mobile home park or land lease community has been occupied for residential purposes before November 1, 1991. 1997, c. 24, s. 4 (2). Developmental Services Act (3) Sections 54, 55, 57, 58, 59, 92, 100 to 116, 121, 123 to 126, 129 to 143 and 189 do not apply with respect to accommodation that is subject to the Developmental Services Act and that is not otherwise exempt under clause 3 (e). 1997, c. 24, s. 4 (3); 2001, c. 13, s. 32 (3). Exemptions related to social, etc., housing 5. (1) Sections 17 and 18, paragraph 1 of subsection 32 (1), sections 33, 54, 55, 57, 58 and 59, subsection 81 (2) and sections 82, 89, 90, 92, 95, 100 to 102, 108, 114, 116, 121, 123 to 125, 129 to 131, 135 to 139, 142 and 143 do not apply with respect to a rental unit described below: 1. A rental unit located in a residential complex owned, operated or administered by or on behalf of the Ontario Housing Corporation, the Government of Canada or an agency of either of them. 1.1 A rental unit in a residential complex described in paragraph 1 whose ownership, operation or management is transferred under the Social Housing Reform Act, 2000 to a service manager or local housing corporation as defined in that Act. 2. A rental unit located in a non-profit housing project or other residential complex, if the non-profit housing project or other residential complex was developed or acquired under a prescribed federal, provincial or municipal program and continues to operate under, i. Part VI of the Social Housing Reform Act, 2000, ii. an operating agreement, as defined in the Social Housing Reform Act, 2000, or iii. an agreement made between a housing provider, as defined in the Social Housing Reform Act, 2000, and one or more of, A. a municipality, B. an agency of a municipality, C. a non-profit corporation controlled by a municipality, if an object of the non-profit corporation is the provision of housing, D. a local housing corporation, as defined in the Social Housing Reform Act, 2000, or E. a service manager, as defined in the Social Housing Reform Act, 2000. 3. A rental unit provided by a non-profit housing co-operative to tenants in non-member units. 4. A rental unit provided by an educational institution to a student or member of its staff and that is not exempt from this Act under clause 3 (g). 5. A rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis. 1997, c. 24, s. 5 (1); 2000, c. 26, Sched. K, s. 6 (3); 2000, c. 27, s. 179 (1, 2). Exemption re 12-month rule (2) Section 126 does not apply with respect to, (a) a rental unit described in paragraph 1, 1.1, 2 or 3 of subsection (1) if the tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding; or (b) a rental unit described in paragraph 4 or 5 of subsection (1). 1997, c. 24, s. 5 (2); 2000, c. 27, s. 179 (3). Exemption re notice of rent increase (3) Sections 127 and 128 do not apply with respect to increases in rent for a rental unit due to increases in the tenant's income if the rental unit is as described in paragraph 1, 1.1, 2 or 3 of subsection (1) and the tenant pays rent in an amount geared-to-income due to public funding. 1997, c. 24, s. 5 (3); 2000, c. 27, s. 179 (4). Exception (4) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than the Ontario Housing Corporation, the Government of Canada or an agency of either of them. 1997, c. 24, s. 5 (4). Exception (4.1) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1.1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than a service manager or local housing corporation as defined in the Social Housing Reform Act, 2000 or an agency of either of them. 2000, c. 27, s. 179 (5). Same (5) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rent increase for rental units described in paragraph 4 of that subsection if there is a council or association representing the residents of those rental units and there has not been consultation with the council or association respecting the increase. 1997, c. 24, s. 5 (5). Rent geared to income Part VI not applied, rent geared to income 6. (1) If a tenant pays rent for a rental unit in an amount geared-to-income due to public funding and the rental unit is not a rental unit described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1), Part VI does not apply to an increase in the amount geared-to-income paid by the tenant. 1997, c. 24, s. 6 (1); 2000, c. 27, s. 179 (6). Assignment, sublet not applied, rent geared to income (2) Sections 17, 18, 82, 89, 90 and 95 and subsections 81 (2) and 125 (3) do not apply to a tenant described in subsection (1). 1997, c. 24, s. 6 (2). Application to determine issues 7. (1) A landlord or a tenant may apply to the Tribunal for an order determining, (a) whether this Act or any provision of it applies to a particular rental unit or residential complex; (b) any other prescribed matter. Order (2) On the application, the Tribunal shall make findings on the issue as prescribed and shall make the appropriate order. 1997, c. 24, s. 7. PART II Tenancy agreement Name and address in written agreement 8. (1) Every written tenancy agreement entered into on or after the day this section comes into force shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act. Copy of tenancy agreement (2) If a tenancy agreement entered into on or after the day this section comes into force is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord. Notice if agreement not in writing (3) If a tenancy agreement entered into on or after the day this section comes into force is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act. Failure to comply (4) Until a landlord has complied with subsections (1) and (2) or subsection (3), as the case may be, (a) the tenant's obligation to pay rent is suspended; and (b) the landlord shall not require the tenant to pay rent. After compliance (5) After the landlord has complied with subsections (1) and (2), or subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4). 1997, c. 24, s. 8. Commencement of tenancy 9. (1) The term or period of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement. Actual entry not required (2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit, whether or not the tenant actually occupies it. 1997, c. 24, s. 9. Frustrated contracts 10. The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements. 1997, c. 24, s. 10. Covenants interdependent 11. Subject to this Part, the common law rules respecting the effect of a serious, substantial or fundamental breach of a material covenant by one party to a contract on the obligation to perform of the other party apply with respect to tenancy agreements. 2000, c. 26, Sched. K, s. 6 (4). Covenants running with land 12. Covenants concerning things related to a rental unit or the residential complex in which it is located run with the land, whether or not the things are in existence at the time the covenants are made. 1997, c. 24, s. 12. Minimize losses 13. When a landlord or a tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the person entitled to claim the amount has a duty to take reasonable steps to minimize the person's losses. 1997, c. 24, s. 13. Acceleration clause void 14. A provision in a tenancy agreement providing that all or part of the remaining rent for a term or period of a tenancy or a specific sum becomes due upon a default of the tenant in paying rent due or in carrying out an obligation is void. 1997, c. 24, s. 14. "No pet" provisions void 15. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 1997, c. 24, s. 15. Provisions conflicting with Act void 16. Subject to section 181, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void. 1997, c. 24, s. 16. Assignment of tenancy 17. (1) Subject to subsections (2), (3) and (6), and with the consent of the landlord, a tenant may assign a rental unit to another person. Landlord's options, general request (2) If a tenant asks a landlord to consent to an assignment of a rental unit, the landlord may, (a) consent to the assignment of the rental unit; or (b) refuse consent to the assignment of the rental unit. Landlord's options, specific request (3) If a tenant asks a landlord to consent to the assignment of the rental unit to a potential assignee, the landlord may, (a) consent to the assignment of the rental unit to the potential assignee; (b) refuse consent to the assignment of the rental unit to the potential assignee; or (c) refuse consent to the assignment of the rental unit. Refusal or non-response (4) A tenant may give the landlord a notice of termination under section 48 within 30 days after the date a request is made if, (a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent; (b) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made; (c) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment under clause (3) (c); or (d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made. Same (5) A landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee under clause (3) (b). Same (6) Subject to subsection (5), a landlord who has given consent to an assignment of a rental unit under clause (2) (a) may subsequently refuse consent to an assignment of the rental unit to a potential assignee under clause (3) (b). Charges (7) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to an assignment to a potential assignee. Consequences of assignment (8) If a tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and, (a) the assignee is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period after the assignment, whether or not the breach or obligation also related to a period before the assignment; (b) the former tenant is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period before the assignment; (c) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding. Application of section (9) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent's premises. 1997, c. 24, s. 17. Subletting rental unit 18. (1) A tenant may sublet a rental unit to another person with the consent of the landlord. 2000, c. 26, Sched. K, s. 6 (5). Same (2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant. 1997, c. 24, s. 18 (2). Charges (3) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to a subletting. 1997, c. 24, s. 18 (3). Consequences of subletting (4) If a tenant has sublet a rental unit to another person, (a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenant's obligations under the tenancy agreement or this Act during the subtenancy; and (b) the subtenant is entitled to the benefits, and is liable to the tenant for the breaches, of the subtenant's obligations under the subletting agreement or this Act during the subtenancy. 1997, c. 24, s. 18 (4). Overholding subtenant (5) A subtenant has no right to occupy the rental unit after the end of the subtenancy. 1997, c. 24, s. 18 (5). Application of section (6) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent's premises. 1997, c. 24, s. 18 (6). Entry into Rental Unit or Residential Complex Privacy 19. A landlord may enter a rental unit only in accordance with section 20 or 21. 1997, c. 24, s. 19. Entry without notice Entry without notice, emergency, consent 20. (1) A landlord may enter a rental unit at any time without written notice, (a) in cases of emergency; or (b) if the tenant consents to the entry at the time of entry. Same, housekeeping (2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and, (a) the landlord enters the unit at the times specified in the tenancy agreement; or (b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m. Entry to show rental unit (3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if, (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 1997, c. 24, s. 20. Entry with notice 21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances: 1. To carry out a repair or do work in the rental unit. 2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit. 3. To allow a potential purchaser to view the rental unit. 3.1 To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998. 4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186. Same (2) The written notice under subsection (1) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m. 1997, c. 24, s. 21 (2). Entry by canvassers 22. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material. 1997, c. 24, s. 22. Changing locks 23. (1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys. Same (2) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord. 1997, c. 24, s. 23. Additional Responsibilities of Landlord Landlord's responsibility to repair 24. (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. Same (2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement. 1997, c. 24, s. 24. Landlord's responsibility re services 25. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food. 1997, c. 24, s. 25. Landlord not to interfere with reasonable enjoyment 26. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household. 1997, c. 24, s. 26. Landlord not to harass, etc. 27. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant. 1997, c. 24, s. 27. Additional Responsibilities of Tenant Tenant not to harass, etc. 28. A tenant shall not harass, obstruct, coerce, threaten or interfere with a landlord. 1997, c. 24, s. 28. Cleanliness 29. The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it. 1997, c. 24, s. 29. Tenant's responsibility for damage 30. The tenant is responsible for the repair of damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, other occupants of the rental unit or persons who are permitted in the residential complex by the tenant. 1997, c. 24, s. 30. Enforcement of Rights under this Part Distress abolished 31. No landlord shall, without legal process, seize a tenant's property for default in the payment of rent or for the breach of any other obligation of the tenant. 1997, c. 24, s. 31. Tenant applications 32. (1) A tenant or former tenant of a rental unit may apply to the Tribunal for any of the following orders: 1. An order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant. 2. An order determining that the landlord breached the obligations under subsection 24 (1). 3. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit. 4. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys. 5. An order determining that the landlord, superintendent or agent of the landlord has withheld the reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or deliberately interfered with the reasonable supply of any vital service, care service or food. 6. An order determining that the landlord, superintendent or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of his or her household. 7. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant's occupancy of the rental unit. 8. Where a notice under section 51 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and neither the landlord, the landlord's spouse or same-sex partner nor a child or parent of one of them has occupied the rental unit within a reasonable time after that termination. 9. Where a notice under section 52 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and neither the purchaser, the purchaser's spouse or same-sex partner nor a child or parent of one of them has occupied the rental unit within a reasonable time after that termination. 10. Where a notice under section 53 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and the landlord has not demolished, converted or repaired or renovated the rental unit within a reasonable time after that termination. 1997, c. 24, s. 32 (1); 1999, c. 6, s. 62 (3). Time limitation (2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred. 1997, c. 24, s. 32 (2). Order re assignment, sublet 33. (1) If the Tribunal determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under paragraph 1 of subsection 32 (1), the Tribunal may do one or more of the following: 1. Order that the assignment or sublet is authorized. 2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant. 3. Order that the tenancy be terminated. 4. Order an abatement of the tenant's or former tenant's rent. Same (2) The Tribunal may establish terms and conditions of the assignment or sublet. Same (3) If an order is made under paragraph 1 or 2 of subsection (1), the assignment or sublet shall have the same legal effect as if the landlord had consented to it. 1997, c. 24, s. 33. Order, repair, comply with standards 34. (1) If the Tribunal determines in an application under paragraph 2 of subsection 32 (1) that a landlord has breached the obligations under subsection 24 (1), the Tribunal may do one or more of the following: 1. Terminate the tenancy. 2. Order an abatement of the rent. 3. Authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant. 4. Order the landlord to do specified repairs or other work within a specified time. 4.1 Order the landlord to pay a specified sum to the tenant as compensation for, i. the costs that the tenant has incurred or will incur in repairing or replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord's breach or breaches of the obligation under subsection 24 (1), and ii. other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord's breach or breaches of the obligation under subsection 24 (1). 5. Make any other order that it considers appropriate. 1997, c. 24, s. 34 (1); 2000, c. 26, Sched. K, s. 6 (6). Same (2) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal. 1997, c. 24, s. 34 (2). Other orders re s. 32 Order, subs. 32 (1), pars. 3 to 10 35. (1) If the Tribunal determines that a landlord, a superintendent or an agent of a landlord has done one or more of the activities set out in paragraphs 3 to 10 of subsection 32 (1), the Tribunal may, (a) order that the landlord, superintendent or agent may not engage in any further activities listed in those paragraphs against any of the tenants in the residential complex; (a.1) order that the landlord, superintendent or agent pay a specified sum to the tenant as compensation for, (i) the costs that the tenant has incurred or will incur in repairing or replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord, superintendent or agent having engaged in one or more of the activities listed in those paragraphs, and (ii) other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord, superintendent or agent having engaged in one or more of the activities listed in those paragraphs; (b) order an abatement of rent; (c) order that the landlord pay to the Tribunal an administrative fine not exceeding the greater of $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located; (d) order that the tenancy be terminated; (e) make any other order that it considers appropriate. 1997, c. 24, s. 35 (1); 2000, c. 26, Sched. K, s. 6 (7). Same (2) If in an application under any of paragraphs 3 to 10 of subsection 32 (1) it is determined that the tenant was induced by the conduct of the landlord, the superintendent or an agent of the landlord to vacate the rental unit, the Tribunal may, in addition to the remedies set out in subsection (1), order that the landlord pay a specified sum to the tenant as compensation for, (a) all or any portion of any increased rent which the tenant has incurred or will incur for a one year period after the tenant has left the rental unit; and (b) reasonable out of pocket moving, storage and other like expenses which the tenant has incurred or will incur. 1997, c. 24, s. 35 (2). Order, subs. 32 (1), par. 4 (3) If the Tribunal determines, in an application under paragraph 4 of subsection 32 (1), that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex, or caused the locking system to be altered, during the tenant's occupancy of the rental unit without giving the tenant replacement keys, and if the Tribunal is satisfied that the rental unit is vacant, the Tribunal may, in addition to the remedies set out in subsections (1) and (2), order that the landlord allow the tenant to recover possession of the rental unit and that the landlord refrain from renting the unit to anyone else. 2000, c. 26, Sched. K, s. 6 (8). Effect of order allowing tenant possession (4) An order under subsection (3) shall have the same effect, and shall be enforced in the same manner, as a writ of possession. 2000, c. 26, Sched. K, s. 6 (8). Expiry of order allowing tenant possession (5) An order under subsection (3) expires, (a) at the end of the 15th day after the day it is issued if it is not filed within those 15 days with the sheriff who has territorial jurisdiction where the rental unit is located; or (b) at the end of the 45th day after the day it is issued if it is filed in the manner described in clause (a). 2000, c. 26, Sched. K, s. 6 (8). Locking systems, landlord application re alteration 36. If a tenant alters a locking system, contrary to subsection 23 (2), the landlord may apply to the Tribunal for an order determining that the tenant has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord. 1997, c. 24, s. 36. Locking systems, order 37. If the Tribunal in an application under section 36 determines that a tenant has altered the locking system or caused it to be altered, the Tribunal may order that the tenant provide the landlord with keys or pay the landlord the reasonable out of pocket expenses necessary to change the locking system. 1997, c. 24, s. 37. Selecting prospective tenants 38. In selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code, income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in the regulations made under the Human Rights Code. 1997, c. 24, s. 38. PART III Tenancy terminated 39. (1) A tenancy may be terminated only in accordance with this Act. Same (2) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy. When agreement void (3) An agreement between a landlord and tenant to terminate a tenancy is void if it is entered into, (a) at the time the tenancy agreement is entered into; or (b) as a condition of entering into the tenancy agreement. When notice void (4) A tenant's notice to terminate a tenancy is void if it is given, (a) at the time the tenancy agreement is entered into; or (b) as a condition of entering into the tenancy agreement. 1997, c. 24, s. 39. Deemed renewal where no notice 40. (1) If a tenancy agreement for a fixed term ends and has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it as a monthly tenancy agreement containing the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. Same (2) If the period of a periodic tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another week, month, year or other period, as the case may be with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 1997, c. 24, s. 40. Restriction on recovery of possession 41. A landlord shall not recover possession of a rental unit subject to a tenancy unless, (a) the tenant has vacated or abandoned the unit; or (b) an order of the Tribunal evicting the tenant has authorized the possession. 1997, c. 24, s. 41. Disposal of abandoned property, unit vacated 42. (1) A landlord may sell, retain for the landlord's own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with, (a) a notice of termination of the landlord or the tenant; (b) an agreement between the landlord and the tenant to terminate the tenancy; (c) subsection 68 (2); or (d) an order of the Tribunal terminating the tenancy or evicting the tenant. Where eviction order enforced (2) Despite subsection (1), where an order is made to evict a tenant, the landlord shall not sell, retain or otherwise dispose of the tenant's property before 48 hours have elapsed after the enforcement of the eviction order. Same (3) A landlord shall make an evicted tenant's property available to be retrieved at a location proximate to the rental unit for 48 hours after the enforcement of an eviction order. Liability of landlord (4) A landlord is not liable to any person for selling, retaining or otherwise disposing of a tenant's property in accordance with this section. Agreement (5) A landlord and a tenant may agree to terms other than those set out in this section with regard to the disposal of the tenant's property. 1997, c. 24, s. 42. Notice of Termination - General Provisions Notice of termination 43. (1) Where this Act permits a landlord or tenant to terminate a tenancy by notice, the notice shall be in a form approved by the Tribunal and shall, (a) identify the rental unit for which the notice is given; (b) state the date on which the tenancy is to terminate; and (c) be signed by the person giving the notice, or the person's agent. Same (2) If the notice is given by a landlord, it shall also set out the reasons and details respecting the termination and inform the tenant that, (a) if the tenant does not vacate the rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy and evicting the tenant; and (b) if the landlord applies for an order, the tenant is entitled to dispute the application. 1997, c. 24, s. 43. Where notice void 44. (1) A notice of termination becomes void 30 days after the termination date specified in the notice unless, (a) the tenant vacates the rental unit before that time; or (b) the landlord applies for an order terminating the tenancy and evicting the tenant before that time. Exception (2) Subsection (1) does not apply with respect to a notice based on a tenant's failure to pay rent. 1997, c. 24, s. 44. Compensation, unit not vacated 45. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by a person who is, (a) an unauthorized occupant of the unit; or (b) a tenant who does not vacate the unit after his or her tenancy is terminated by order, notice or agreement. 2001, c. 9, Sched. J, s. 4 (1). Effect of payment (2) Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy, (a) by giving the tenant a notice of rent increase; or (b) by accepting arrears of rent or compensation for the use or occupation of a rental unit after, (i) the landlord or the tenant gives a notice of termination of the tenancy, (ii) the landlord and the tenant enter into an agreement to terminate the tenancy, or (iii) the Tribunal makes an eviction order or an order terminating the tenancy. 2001, c. 9, Sched. J, s. 4 (1). Notice of Termination - End of Period or Term of Tenancy Tenant's notice to terminate tenancy, end of period or term 46. A tenant may terminate a tenancy at the end of a period of the tenancy or at the end of the term of a tenancy for a fixed term by giving notice of termination to the landlord in accordance with section 47. 1997, c. 24, s. 46. Period of notice Period of notice, daily or weekly tenancy 47. (1) A notice under section 46, 60 or 96 to terminate a daily or weekly tenancy shall be given at least 28 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period. Period of notice, monthly tenancy (2) A notice under section 46, 60 or 96 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period. Period of notice, yearly tenancy (3) A notice under section 46, 60 or 96 to terminate a yearly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a yearly period on which the tenancy is based. Period of notice, tenancy for fixed term (4) A notice under section 46, 60 or 96 to terminate a tenancy for a fixed term shall be given at least 60 days before the expiration date specified in the tenancy agreement, to be effective on that expiration date. Period of notice, February notices (5) A tenant who gives notice under subsection (2), (3) or (4), which specifies that the termination is to be effective on the last day of February or the last day of March in any year, shall be deemed to have given at least 60 days notice of termination if the notice is given not later than January 1 of that year in respect of a termination which is to be effective on the last day of February or February 1 of that year in respect of a termination which is to be effective on the last day of March. 1997, c. 24, s. 47. Notice by Tenant for Termination Assignment of Tenancy Refused Notice by tenant 48. (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 17 (4) apply. Same (2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days. 1997, c. 24, s. 48. Death of tenant 49. (1) If a tenant of a rental unit dies and there are no other tenants of the rental unit, the tenancy shall be deemed to be terminated 30 days after the death of the tenant. Reasonable access (2) The landlord shall, until the tenancy is terminated under subsection (1), (a) preserve any property of a tenant who has died that is in the rental unit or the residential complex other than property that is unsafe or unhygienic; and (b) afford the executor or administrator of the tenant's estate, or if there is no executor or administrator, a member of the tenant's family reasonable access to the rental unit and the residential complex for the purpose of removing the tenant's property. 1997, c. 24, s. 49. Landlord may dispose of property 50. (1) The landlord may sell, retain for the landlord's own use or otherwise dispose of property of a tenant who has died that is in a rental unit and in the residential complex in which the rental unit is located, (a) if the property is unsafe or unhygienic, immediately; and (b) otherwise, after the tenancy is terminated under section 49. Same (2) Subject to subsections (3) and (4), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with subsection (1). Same (3) If, within six months after the tenant's death, the executor or administrator of the estate of the tenant, or if there is no executor or administrator, a member of the tenant's family claims any property of the tenant that the landlord has sold, the landlord shall pay to the estate the amount by which the proceeds of sale exceed the sum of, (a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and (b) any arrears of rent. Same (4) If, within the six month period after the tenant's death, the executor or administrator of the estate of the tenant, or if there is no executor or administrator, a member of the tenant's family claims any property of the tenant that the landlord has retained for the landlord's own use, the landlord shall return the property to the tenant's estate. Agreement (5) A landlord and the executor or administrator of a deceased tenant's estate may agree to terms other than those set out in this section with regard to the termination of the tenancy and disposal of the tenant's property. 1997, c. 24, s. 50. Notice by Landlord for Termination at End of Period or Term Notice, landlord personally, etc., requires unit 51. (1) A landlord may, by notice, terminate a tenancy if the landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord's spouse or same-sex partner or a child or parent of one of them. 1997, c. 24, s. 51 (1); 1999, c. 6, s. 62 (4). Same (2) The date for termination specified in the notice shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. Earlier termination by tenant (3) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. Same (4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 51 (2-4). Where purchaser personally requires unit 52. (1) A landlord of a residential complex that contains no more than three residential units who has entered into an agreement of purchase and sale of the residential complex may, on behalf of the purchaser, give the tenant of a unit in the residential complex a notice terminating the tenancy, if the purchaser in good faith requires possession of the residential complex or the unit for the purpose of residential occupation by the purchaser, the purchaser's spouse or same-sex partner, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (9). Same, condominium (1.1) If a landlord who is an owner as defined in clause (a) or (b) of the definition of "owner" in subsection 1 (1) of the Condominium Act, 1998 owns a unit, as defined in subsection 1 (1) of that Act, that is a rental unit and has entered into an agreement of purchase and sale of the unit, the landlord may, on behalf of the purchaser, give the tenant of the unit a notice terminating the tenancy, if the purchaser in good faith requires possession of the unit for the purpose of residential occupation by the purchaser, the purchaser's spouse or same-sex partner, or a child or parent of one of them. 2000, c. 26, Sched. K, s. 6 (10). Period of notice (2) The date for termination specified in a notice given under subsection (1) or (1.1) shall be at least 60 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 52 (2); 2000, c. 26, Sched. K, s. 6 (11). Earlier termination by tenant (3) A tenant who receives notice of termination under subsection (1) or (1.1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. 1997, c. 24, s. 52 (3); 2000, c. 26, Sched. K, s. 6 (12). Same (4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 52 (4). Notice, demolition, conversion or repairs 53. (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to, (a) demolish it; (b) convert it to use for a purpose other than residential premises; or (c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit. Same (2) The date for termination specified in the notice shall be at least 120 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. Same (3) A notice under clause (1) (c) shall inform the tenant that if he or she wishes to exercise the right of first refusal under section 56 to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that fact in accordance with subsection 56 (2) before vacating the rental unit. Earlier termination by tenant (4) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. Same (5) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 53. Conversion to condominium, security of tenure 54. (1) If a part or all of a residential complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 on or after June 17, 1998, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of a rental unit when it became subject to the registered declaration and description. 2000, c. 26, Sched. K, s. 6 (13). Proposed units, security of tenure (2) If a landlord has entered into an agreement of purchase and sale of a rental unit that is a proposed unit under the Condominium Act or the Condominium Act, 1998, a landlord may not give a notice under section 51 or 52 to the tenant of the rental unit who was the tenant on the date the agreement of purchase and sale was entered into. 2000, c. 26, Sched. K, s. 6 (13). Non-application (3) Subsections (1) and (2) do not apply with respect to a residential complex if no rental unit in the complex was rented before July 10, 1986 and all or part of the complex becomes subject to a registered declaration and description under the Condominium Act or the Condominium Act, 1998 before the later of, (a) the day that is two years after the day on which the first rental unit in the complex was first rented; and (b) June 17, 2000. 2000, c. 26, Sched. K, s. 6 (13). Assignee of tenant not included (4) Despite subsection 17 (8), a reference to a tenant in subsection (1), (2) or (5) does not include a person to whom the tenant subsequently assigns the rental unit. 2000, c. 26, Sched. K, s. 6 (13). Conversion to condominium, right of first refusal (5) If a landlord receives an acceptable offer to purchase a condominium unit converted from rented residential premises and still occupied by a tenant who was a tenant on the date of the registration referred to in subsection (1) or an acceptable offer to purchase a rental unit intended to be converted to a condominium unit, the tenant has a right of first refusal to purchase the unit at the price and subject to the terms and conditions in the offer. 1997, c. 24, s. 54 (5). Same (6) The landlord shall give the tenant at least 72 hours notice of the offer to purchase the unit before accepting the offer. 1997, c. 24, s. 54 (6). Exception (7) Subsection (5) does not apply when, (a) the offer to purchase is an offer to purchase more than one unit; or (b) the unit has been previously purchased since that registration, but not together with any other units. 1997, c. 24, s. 54 (7). Compensation, demolition or conversion 55. A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if, (a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use; (b) the residential complex in which the rental unit is located contains at least five residential units; and (c) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 1997, c. 24, s. 55. Tenant's right of first refusal, repair or renovation 56. (1) A tenant who receives notice of termination of a tenancy for the purpose of repairs or renovations may, in accordance with this section, have a right of first refusal to occupy the rental unit as a tenant when the repairs or renovations are completed. Written notice (2) A tenant who wishes to have a right of first refusal shall give the landlord notice in writing before vacating the rental unit. Rent to be charged (3) A tenant who exercises a right of first refusal may re-occupy the rental unit at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenant's tenancy. Change of address (4) It is a condition of the tenant's right of first refusal that the tenant inform the landlord in writing of any change of address. 1997, c. 24, s. 56. Tenant's right to compensation, repair or renovation 57. (1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 53 for the purpose of repairs or renovations in an amount equal to three months rent or shall offer the tenant another rental unit acceptable to the tenant if, (a) the tenant does not intend to return to the rental unit after the repairs or renovations are complete; (b) the residential complex in which the rental unit is located contains at least five residential units; and (c) the repair or renovation was not ordered to be carried out under the authority of this or any other Act. Same (2) If a tenant has given a landlord notice under subsection 56 (2) with respect to a rental unit in a residential complex containing at least five residential units, the tenant is entitled to compensation in an amount equal to the rent for the lesser of three months and the period the unit is under repair or renovation. 1997, c. 24, s. 57. Tenant's right to compensation, severance 58. A landlord of a residential complex that is created as a result of a severance shall compensate a tenant of a rental unit in that complex in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if, (a) before the severance, the residential complex from which the new residential complex was created had at least five residential units; (b) the new residential complex has fewer than five residential units; and (c) the landlord gives the tenant a notice of termination under section 53 less than two years after the date of the severance. 1997, c. 24, s. 58. Security of tenure, severance, subdivision 59. Where a rental unit becomes separately conveyable property due to a consent under section 53 of the Planning Act or a plan of subdivision under section 51 of that Act, a landlord may not give a notice under section 51 or 52 to a person who was a tenant of the rental unit at the time of the consent or approval. 1997, c. 24, s. 59. Notice end of term, additional grounds 60. (1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds: 1. The tenant has persistently failed to pay rent on the date it becomes due and payable. 2. The rental unit that is the subject of the tenancy agreement is a rental unit as described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1) and the tenant has ceased to meet the qualifications required for occupancy of the rental unit. 3. The tenant was an employee of an employer who provided the tenant with the rental unit during the tenant's employment and the employment has terminated. 4. The tenancy arose by virtue of or collateral to an agreement of purchase and sale of a proposed unit within the meaning of the Condominium Act in good faith and the agreement of purchase and sale has been terminated. 1997, c. 24, s. 60 (1); 2000, c. 27, s. 179 (7). Period of notice (2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 47 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 60 (2). Notice by Landlord for Termination before End of Period or Term Non-payment of rent 61. (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than, (a) the 7th day after the notice is given, in the case of a daily or weekly tenancy; and (b) the 14th day after the notice is given, in all other cases. 1997, c. 24, s. 61 (1). Contents of notice (2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2000, c. 26, Sched. K, s. 6 (14). Notice void if rent paid (3) The notice of termination is void if, before the day the landlord applies to the Tribunal for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays, (a) the rent that is in arrears under the tenancy agreement; and (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given. 2000, c. 26, Sched. K, s. 6 (14). Termination for cause, illegal acts, misrepresentation Termination for cause, illegal act 62. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the rental unit or the residential complex. 1997, c. 24, s. 62 (1). Termination for cause, misrepresentation of income (2) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her family occupying the rental unit. 1997, c. 24, s. 62 (2); 2000, c. 27, s. 179 (8). Notice (3) A notice of termination under this section shall set out the grounds for termination and shall provide a termination date not earlier than, (a) the 10th day after the notice is given, in the case of a notice under subsection (1) grounded on an illegal act, trade, business or occupation involving, (i) the production of an illegal drug, (ii) the trafficking in an illegal drug, or (iii) the possession of an illegal drug for the purposes of trafficking; or (b) the 20th day after the notice is given, in all other cases. 2000, c. 26, Sched. K, s. 6 (15). Definition of "illegal drug" (4) In this section, "illegal drug" means a controlled substance or precursor as those terms are defined in the Controlled Drugs and Substances Act (Canada); ("drogue illicite") "possession" has the same meaning as in the Controlled Drugs and Substances Act (Canada); ("possession") "production" means, with respect to an illegal drug, to produce the drug within the meaning of the Controlled Drugs and Substances Act (Canada); ("production") "trafficking" means, with respect to an illegal drug, to traffic in the drug within the meaning of the Controlled Drugs and Substances Act (Canada). ("trafic") 2000, c. 26, Sched. K, s. 6 (15). Termination for cause, damage 63. (1) A landlord may give a tenant notice of termination of the tenancy if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex. Notice (2) A notice of termination under this section shall, (a) provide a termination date not earlier than the 20th day after the notice is given; (b) set out the grounds for termination; and (c) require the tenant, within seven days, to pay to the landlord the reasonable costs of repair or to make the repairs. Notice void if tenant complies (3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, makes the repair, pays the reasonable costs of repair or makes arrangements satisfactory to the landlord to pay the costs or to make the repairs. 1997, c. 24, s. 63. Termination for cause, reasonable enjoyment 64. (1) A landlord may give a tenant notice of termination of the tenancy if the conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant. Notice (2) A notice of termination under subsection (1) shall, (a) provide a termination date not earlier than the 20th day after the notice is given; (b) set out the grounds for termination; and (c) require the tenant, within seven days, to stop the conduct or activity or correct the omission set out in the notice. Notice void if tenant complies (3) The notice of termination under subsection (1) is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission. 1997, c. 24, s. 64. Termination for cause, act impairs safety 65. (1) A landlord may give a tenant notice of termination of the tenancy if, (a) an act or omission of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant seriously impairs or has seriously impaired the safety of any person; and (b) the act or omission occurs in the residential complex. Same (2) A notice of termination under this section shall provide a termination date not earlier than the 10th day after the notice is given and set out the grounds for termination. 1997, c. 24, s. 65. Termination for cause, too many persons 66. (1) A landlord may give a tenant notice of termination of the tenancy if the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law. Notice (2) A notice of termination under this section shall, (a) provide a termination date not earlier than the 20th day after the notice is given; (b) set out the details of the grounds for termination; and (c) require the tenant, within seven days, to reduce the number of persons occupying the rental unit to comply with health, safety or housing standards required by law. Notice void if tenant complies (3) The notice of termination under this section is void if the tenant, within seven days after receiving the notice, sufficiently reduces the number of persons occupying the rental unit. 1997, c. 24, s. 66. Notice of termination, further contravention 67. (1) A landlord may give a tenant notice of termination of the tenancy if, (a) a notice of termination under section 63, 64 or 66 or under an equivalent provision of Part IV of the Landlord and Tenant Act has become void as a result of the tenant's compliance with the terms of the notice; and (b) within six months after the notice mentioned in clause (a) has become void, an activity takes place, conduct occurs or a situation arises that constitutes grounds for a notice of termination under section 62, 63, 64 or 66, other than an activity, conduct or a situation that is described in subsection 62 (1) and that involves an illegal act, trade, business or occupation described in clause 62 (3) (a). 1997, c. 24, s. 67 (1); 2000, c. 26, Sched. K, s. 6 (16). Same (2) The notice under this section shall set out the date it is to be effective and that date shall not be earlier than the 14th day after the notice is given. 1997, c. 24, s. 67 (2). Superintendent's premises 68. (1) If a landlord has entered into a tenancy agreement with respect to a superintendent's premises, unless otherwise agreed, the tenancy terminates on the day on which the employment of the tenant is terminated. Same (2) A tenant shall vacate a superintendent's premises within one week after his or her tenancy is terminated. No rent charged for week (3) A landlord shall not charge a tenant rent or compensation or receive rent or compensation from a tenant with respect to the one week period mentioned in subsection (2). 1997, c. 24, s. 68. Application to Tribunal by Landlord - Landlord has given Notice of Termination Application by landlord 69. (1) A landlord may apply to the Tribunal for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or under the former Part IV of the Landlord and Tenant Act. Same (2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice. Exception (3) Subsection (2) does not apply with respect to an application based on the tenant's failure to pay rent. 1997, c. 24, s. 69. Landlord personally requires premises 70. (1) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 51 or 52 unless the person who personally requires the rental unit files with the Tribunal a declaration certifying that the person in good faith requires the rental unit for his or her own personal use. 1997, c. 24, s. 70 (1). Same (2) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 51 or 52 where the landlord's claim is based on a tenancy agreement or occupancy agreement that purports to entitle the landlord to reside in the rental unit unless, (a) the application is brought in respect of premises situate in a building containing not more than four residential units; or (b) the landlord, the landlord's spouse or same-sex partner or a child or parent of the landlord or his or her spouse or same-sex partner has previously been a genuine occupant of the premises. 1997, c. 24, s. 70 (2); 1999, c. 6, s. 62 (6). Demolition, conversion, repairs 71. The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 53 unless it is satisfied that, (a) the landlord intends in good faith to carry out the activity on which the notice of termination was based; and (b) the landlord has obtained all necessary permits or other authority that may be required to do so. 1997, c. 24, s. 71. Non-payment of rent 72. (1) A landlord may not apply to the Tribunal under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 before the day following the termination date specified in the notice. 2000, c. 26, Sched. K, s. 6 (17). Discontinuance of application (2) An application by a landlord under section 69 for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 61 shall be discontinued if, before the Tribunal issues the eviction order, the Tribunal is satisfied that the tenant has paid to the landlord or to the Tribunal, (a) the rent that is in arrears under the tenancy agreement; (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given; and (c) the landlord's application fee. 2000, c. 26, Sched. K, s. 6 (17). Order of Tribunal (3) An order of the Tribunal terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 61 shall, (a) specify the following amounts: (i) the amount of rent that is in arrears under the tenancy agreement, (ii) the daily amount of compensation that must be paid under section 45, and (iii) any costs ordered by the Tribunal; and (b) inform the tenant and the landlord that the order will become void if, before the order becomes enforceable, the tenant pays to the landlord or to the Tribunal the amount required under subsection (4) and specify that amount. 2000, c. 26, Sched. K, s. 6 (17). Order void (4) An eviction order referred to in subsection (3) is void if the tenant pays to the landlord or to the Tribunal, before the order becomes enforceable, (a) the rent that is in arrears under the tenancy agreement; (b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given; (c) the amount of NSF cheque charges charged by financial institutions to the landlord in respect of cheques tendered to the landlord by or on behalf of the tenant, as allowed by the Tribunal in an application by the landlord under section 86; (d) the amount of administration charges payable by the tenant for the NSF cheques, as allowed by the Tribunal in an application by the landlord under section 86; and (e) the costs ordered by the Tribunal. 2001, c. 9, Sched. J, s. 4 (2). Notice of void order (5) If before the eviction order becomes enforceable the tenant pays the amount specified in the order under clause (3) (b) to the Tribunal, an employee of the Tribunal shall issue a notice to the tenant and the landlord acknowledging that the eviction order is void under subsection (4). 2000, c. 26, Sched. K, s. 6 (17). Determination that full amount has been paid (6) If before the eviction order becomes enforceable the tenant pays the amount due under subsection (4) either in whole to the landlord or in part to the landlord and in part to the Tribunal, the tenant may make a motion to the Tribunal, without notice to the landlord, for an order determining that the tenant has paid the full amount due under subsection (4) and confirming that the eviction order is void under subsection (4). 2000, c. 26, Sched. K, s. 6 (17). Evidence (7) A tenant who makes a motion under subsection (6) shall provide the Tribunal with an affidavit setting out the details of any payments made to the landlord and with any supporting documents the tenant may have. 2000, c. 26, Sched. K, s. 6 (17). No hearing (8) The Tribunal shall make an order under subsection (6) without holding a hearing. 2000, c. 26, Sched. K, s. 6 (17). Motion by landlord (9) Within 10 days after an order is issued under subsection (6), the landlord may, on notice to the tenant, make a motion to the Tribunal to have the order set aside. 2000, c. 26, Sched. K, s. 6 (17). Order of Tribunal (10) On a motion under subsection (9), the Tribunal shall hold a hearing and shall, (a) if satisfied that the tenant did not pay the full amount due under subsection (4) before the eviction order became enforceable, set aside the order made under subsection (6) and confirm that the eviction order is not void under subsection (4); or (b) if satisfied that the tenant paid the full amount due under subsection (4) before the eviction order became enforceable, refuse to set aside the order made under subsection (6). 2000, c. 26, Sched. K, s. 6 (17). Illegal act or misrepresentation of income 73. The Tribunal may issue an order terminating a tenancy and evicting a tenant in an application referred to under section 69 based on a notice of termination under section 62 whether or not the tenant or other person has been convicted of an offence relating to an illegal act, trade, business or occupation. 1997, c. 24, s. 73. Correction; animals Notice gives seven days to correct 74. (1) A landlord may not apply to the Tribunal for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 63, 64 or 66 before the seven-day remedy period specified in the notice expires. Application based on animals (2) If an application based on a notice of termination under section 64 or 65 is grounded on the presence, control or behaviour of an animal in or about the residential complex, the Tribunal shall not make an order terminating the tenancy and evicting the tenant without being satisfied that the tenant is keeping an animal and that, (a) subject to subsection (3), the past behaviour of an animal of that species has substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or other tenants; (b) subject to subsection (4), the presence of an animal of that species has caused the landlord or another tenant to suffer a serious allergic reaction; or (c) the presence of an animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants. Same (3) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference. Same (4) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction. 1997, c. 24, s. 74. Immediate application 75. Unless specifically provided otherwise in this Act or the former Part IV of the Landlord and Tenant Act, a landlord who has served a notice of termination may apply immediately to the Tribunal under section 69 for an order terminating the tenancy and evicting the tenant. 1997, c. 24, s. 75. Application to Tribunal by Landlord - Landlord has not given Notice of Termination Agreement to terminate, tenant's notice 76. (1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy and evicting the tenant if, (a) the landlord and tenant have entered into an agreement to terminate the tenancy; or (b) the tenant has given the landlord notice of termination of the tenancy. Same (2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be. Same (3) An application under subsection (1) shall not be made later than 30 days after the termination date specified in the agreement or notice. Order (4) On receipt of the application, the Tribunal may make an order terminating the tenancy and evicting the tenant. Same (5) An order under subsection (4) shall be effective not earlier than, (a) the date specified in the agreement, in the case of an application under clause (1) (a); or (b) the termination date set out in the notice, in the case of an application under clause (1) (b). Set aside order (6) The respondent may make a motion to the Tribunal, on notice to the applicant, to have the order set aside within 10 days after the order is issued. Same (7) An order under subsection (4) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of the court during the stay. Same (8) If the Tribunal sets the order aside, the Tribunal shall hear the merits of the application. 1997, c. 24, s. 76. Application based on previous order, mediated settlement 77. (1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy or evicting the tenant if, (a) the landlord previously applied to the Tribunal for an order terminating the tenancy or evicting the tenant; (b) an order or a settlement mediated under section 181 with respect to the previous application imposed conditions on the tenant; (c) among the conditions imposed by the order or settlement were conditions that, if not met by the tenant, would give rise to the same grounds for terminating the tenancy as were claimed in the previous application; (d) the order or settlement provided that the landlord could apply under this section if the tenant did not meet the conditions described in clause (c); and (e) the tenant has not met the conditions described in clause (c). 1997, c. 24, s. 77 (1); 2000, c. 26, Sched. K, s. 6 (18). Arrears of rent (1.1) In an application under subsection (1), the landlord may also request that the Tribunal order the payment of arrears of rent and the amount of any compensation payable under section 45, if the following conditions are satisfied: 1. The landlord previously applied for an order for the payment of arrears of rent. 2. The previous application was made at the same time as the application described in clause (1) (a). 3. The order or the settlement mediated under section 181 on the previous application requires the tenant to pay rent or some or all of the arrears of rent. 2001, c. 9, Sched. J, s. 4 (3). Same (2) The landlord shall include with the application a copy of the order or settlement and an affidavit setting out what conditions of the order or settlement have not been met and how they have not been met. 1997, c. 24, s. 77 (2). Affidavit (2.1) If the landlord requests an order under subsection (1.1), the affidavit included with the application under subsection (1) must also provide the following information: 1. The amount of rent payable to the landlord under the order or the terms of the settlement that is in arrears. 2. The amount and date of each payment made under the order or the terms of the settlement and what the payment was for. 3. The amount of any additional arrears of rent arising after the date of the order or the settlement. 4. The amount of NSF cheque charges, if any, claimed by the landlord that were charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant, to the extent the landlord has not been reimbursed for the charges. 5. The amount of any rent deposit, the date it was given and the last period for which interest was paid on the rent deposit. 2001, c. 9, Sched. J, s. 4 (3). Same (3) An application under this section shall not be made later than 30 days after a failure of the tenant to meet a condition specified in the order or settlement. 1997, c. 24, s. 77 (3). Order terminating tenancy (4) If the Tribunal finds that the landlord is entitled to an order under subsection (1), the Tribunal may make an order terminating the tenancy and evicting the tenant. 2001, c. 9, Sched. J, s. 4 (4). Order for arrears (4.1) In an order made under subsection (4), the Tribunal may order the payment of the following amounts if the Tribunal finds that the landlord is entitled to an order under subsection (1.1): 1. The amount of arrears of rent that arose after the date of the order or settlement referred to in clause (1) (b). 2. If no order was made on the previous application referred to in clause (1) (a), the amount of arrears of rent payable under the terms of the settlement mediated under section 181 that has not been paid. 3. The amount of any compensation payable under section 45. 4. Such amount as the Tribunal may allow in respect of NSF cheque charges claimed by the landlord that were charged by financial institutions in respect of cheques tendered by or on behalf of the tenant and for which the landlord has not been reimbursed. 5. Such amount as the Tribunal may allow in respect of NSF administration charges claimed by the landlord in respect of NSF cheques tendered by or on behalf of the tenant, not exceeding the amount per cheque that is prescribed as a specified amount exempt from the operation of section 140. 2001, c. 9, Sched. J, s. 4 (4). Credit for rent deposit (4.2) In determining the amount payable by the tenant to the landlord, the Tribunal shall ensure that the tenant is credited with the amount of any rent deposit and interest on the deposit that would be owing to the tenant on the termination of the tenancy. 2001, c. 9, Sched. J, s. 4 (4). Motion to set aside order (4.3) Subsections 76 (6) and (7) apply with necessary modifications to an order made under this section. 2001, c. 9, Sched. J, s. 4 (4). Same (5) If the Tribunal sets the order aside, the Tribunal shall consider whether a failure to meet the conditions occurred. 1997, c. 24, s. 77 (5). Abandonment of rental unit 78. If a landlord believes that a tenant has abandoned a rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy. 1997, c. 24, s. 78. Landlord may dispose of property, abandoned unit 79. (1) A landlord may dispose of property in a rental unit that a tenant has abandoned and property of persons occupying the rental unit that is in the residential complex in which the rental unit is located in accordance with subsections (2) and (3) if, (a) the landlord obtains an order terminating the tenancy under section 78; or (b) the landlord gives notice to the tenant of the rental unit and to the Tribunal of the landlord's intention to dispose of the property. Same (2) If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately. Same (3) The landlord may sell, retain for the landlord's own use or otherwise dispose of any other items if 30 days have passed after obtaining the order referred to in clause (1) (a) or giving the notice referred to in clause (1) (b) to the tenant and the Tribunal. Tenant's claim to property (4) If, before the 30 days have passed, the tenant notifies the landlord that he or she intends to remove property referred to in subsection (3), the tenant may remove the property within that 30 day period. Same (5) If the tenant notifies the landlord in accordance with subsection (4) that he or she intends to remove the property, the landlord shall make the property available to the tenant at a reasonable time and within a reasonable proximity to the rental unit. Same (6) The landlord may require the tenant to pay the landlord for arrears of rent and any reasonable out of pocket expenses incurred by the landlord in moving, storing or securing the tenant's property before allowing the tenant to remove the property. Same (7) If, within six months after the date the notice referred to in clause (1) (b) is given to the tenant and the Tribunal or the order terminating the tenancy is issued, the tenant claims any of his or her property that the landlord has sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of, (a) the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and (b) any arrears of rent. No liability (8) Subject to subsections (5) and (7), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section. 1997, c. 24, s. 79. Superintendent's premises 80. The landlord may apply to the Tribunal for an order terminating the tenancy of a tenant of superintendent's premises and evicting the tenant if the tenant does not vacate the rental unit within one week of the termination of his or her employment. 1997, c. 24, s. 80. Unauthorized occupancy 81. (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 17 or a subletting authorized under section 18, the landlord may apply to the Tribunal for an order evicting the person to whom occupancy of the rental unit was transferred. Time limitation (2) An application under this section must be made no later than 60 days after the landlord discovers the unauthorized occupancy. 1997, c. 24, s. 81. Landlord or Tenant Application Overholding Subtenant Overholding subtenant 82. (1) If a subtenant continues to occupy a rental unit after the end of the subtenancy, the landlord or the tenant may apply to the Tribunal for an order evicting the subtenant. Time limitation (2) An application under this section must be made within 60 days after the end of the subtenancy. 1997, c. 24, s. 82. Effective date of order 83. (1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Tribunal for an order evicting the tenant, the order of the Tribunal evicting the tenant may not be effective earlier than the date of termination set out in the notice. 1997, c. 24, s. 83 (1). Same, default order (2) If the order of the Tribunal evicting the tenant is a default order, it shall take effect on the later of, (a) the 11th day after the day the order is issued; and (b) the date of termination set out in the notice of termination. 2000, c. 26, Sched. K, s. 6 (19). Expiry date of order 83.1 An order of the Tribunal evicting a person from a rental unit expires six months after the day on which the order takes effect if it is not filed within those six months with the sheriff who has territorial jurisdiction where the rental unit is located. 2000, c. 26, Sched. K, s. 6 (20). Power of Tribunal, eviction 84. (1) Upon an application for an order evicting a tenant or subtenant, the Tribunal may, despite any other provision of this Act or the tenancy agreement, (a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or (b) order that the enforcement of the order of eviction be postponed for a period of time. Same (2) Without restricting the generality of subsection (1), the Tribunal shall refuse to grant the application where satisfied that, (a) the landlord is in serious breach of the landlord's responsibilities under this Act or of any material covenant in the tenancy agreement; (b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord's violation of a law dealing with health, safety, housing or maintenance standards; (c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights; (d) the reason for the application being brought is that the tenant is a member of a tenants' association or is attempting to organize such an association; or (e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding. No eviction before compensation, demolition or conversion (3) The Tribunal shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 55, 57 or 58, as the case may be. No eviction before compensation, repair or renovation (4) If a tenant has given a landlord notice under subsection 56 (2), the Tribunal shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in an amount equal to the rent for the amount of time the landlord estimates is required to complete the repair or renovation. 1997, c. 24, s. 84. Effect of eviction order 85. An order evicting a person shall have the same effect, and shall be enforced in the same manner, as a writ of possession. 1997, c. 24, s. 85. Compensation Arrears of rent 86. (1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if, (a) the tenant has not paid rent lawfully required under the tenancy agreement; and (b) the tenant is in possession of the rental unit. 1997, c. 24, s. 86 (1). Compensation, overholding tenant (2) If a tenant is in possession of a rental unit after the tenancy has been terminated, the landlord may apply to the Tribunal for an order for the payment of compensation for the use and occupation of a rental unit after a notice of termination or an agreement to terminate the tenancy has taken effect. 1997, c. 24, s. 86 (2). Compensation, unauthorized occupant (2.1) A landlord who makes an application under section 81 may also apply to the Tribunal for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made. 2001, c. 9, Sched. J, s. 4 (5). Same (3) In determining the amount of arrears of rent, compensation or both owing in an order for termination of a tenancy and the payment of arrears of rent, compensation or both, the Tribunal shall subtract from the amount owing the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination. 1997, c. 24, s. 86 (3). NSF cheque charges (4) On an application by a landlord under this section, the Tribunal may include the following amounts in determining the total amount owing to a landlord by a tenant or by an unauthorized occupant in respect of a rental unit: 1. The amount of NSF cheque charges claimed by the landlord and charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant or occupant, to the extent the landlord has not been reimbursed for the charges. 2. The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the landlord, that do not exceed the amount per cheque that is prescribed as a specified payment exempt from the operation of section 140. 2001, c. 9, Sched. J, s. 4 (5). Compensation for damage 87. A landlord may apply to the Tribunal for an order for compensation if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex and the tenant is in possession of the rental unit. 1997, c. 24, s. 87. Compensation, misrepresentation of income 88. If a landlord has a right to give a notice of termination under subsection 62 (2), the landlord may apply to the Tribunal for an order for the payment of money the tenant would have been required to pay if the tenant had not misrepresented his or her income or that of other members of his or her family, so long as the application is made while the tenant is in possession of the rental unit. 1997, c. 24, s. 88. Other Tenant Notices and Applications Compensation, overholding subtenant 89. A tenant may apply to the Tribunal for an order for compensation for use and occupation by an overholding subtenant after the end of the subtenancy if the overholding subtenant is in possession of the rental unit at the time of the application. 1997, c. 24, s. 89. Tenant's notice, application re subtenant 90. Sections 61 to 67, 69, 86, 87 and 99 apply with necessary modifications with respect to a tenant who has sublet a rental unit as if the tenant were the landlord and the subtenant were the tenant. 1997, c. 24, s. 90. Rights and Duties of Landlords and Tenants Agreement required 91. (1) There shall be a written tenancy agreement relating to the tenancy of every tenant in a care home. Contents of agreement (2) The agreement shall set out what has been agreed to with respect to care services and meals and the charges for them. 1997, c. 24, s. 91. Information to tenant 92. (1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information. Effect of non-compliance (2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service or meals until after giving the required information package to the tenant. 1997, c. 24, s. 92. Tenancy agreement: consultation, cancellation Tenancy agreement: right to consult 93. (1) Every tenancy agreement relating to the tenancy of a tenant in a care home shall contain a statement that the tenant has the right to consult a third party with respect to the agreement and to cancel the agreement within five days after the agreement has been entered into. Cancellation (2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it. 1997, c. 24, s. 93. Entry check condition of tenant 94. (1) Despite section 19, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so. Right to revoke provision (2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord. 1997, c. 24, s. 94. Assignment, subletting in care homes 95. A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements or guidelines set by the landlord. 1997, c. 24, s. 95. Notice of termination 96. (1) A landlord may, by notice, terminate the tenancy of a tenant in a care home if, (a) the rental unit was occupied solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the tenant and the landlord; (b) no other tenant of the care home occupying a rental unit solely for the purpose of receiving rehabilitative or therapeutic services is permitted to live there for longer than two years; and (c) the period of tenancy agreed to has expired. Period of notice (2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 47 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 96. Termination, care homes 97. Despite section 47, a tenant of a care home may terminate a tenancy at any time by giving at least 30 days notice of termination to the landlord. 1997, c. 24, s. 97. Notice of termination, demolition, conversion or repairs 98. (1) A landlord who gives a tenant of a care home a notice of termination under section 53 shall make reasonable efforts to find appropriate alternate accommodation for the tenant. Same (2) Sections 55 and 57 do not apply with respect to a tenant of a care home who receives a notice of termination under section 53 and chooses to take alternate accommodation found by the landlord for the tenant under subsection (1). 1997, c. 24, s. 98. Transferring tenancy Application 99. (1) A landlord may apply to the Tribunal for an order transferring a tenant out of a care home and evicting the tenant if, (a) the tenant no longer requires the level of care provided by the landlord; or (b) the tenant requires a level of care that the landlord is not able to provide. Order (2) The Tribunal may issue an order under clause (1) (b) only if it is satisfied that, (a) appropriate alternate accommodation is available for the tenant; and (b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant's care needs. Same (3) The Tribunal may not issue a default order in an application under this section. Mandatory mediation (4) If a dispute arises, the dispute shall be sent to mediation before the Tribunal makes an order. Same (5) If the landlord fails to participate in the mediation, the Tribunal may dismiss the landlord's application. 1997, c. 24, s. 99. Rent in care home 100. If there is more than one tenancy agreement for a rental unit in a care home, the provisions of Part VI apply with respect to each tenancy agreement as if it were an agreement for a separate rental unit. 1997, c. 24, s. 100. Notice of increased charges 101. (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord's intention to do so. Contents of notice (2) The notice shall be in writing in the form approved by the Tribunal and shall set out the landlord's intention to increase the charge and the new charges for care services and meals. Effect of non-compliance (3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice. 1997, c. 24, s. 101. Certain charges permitted 102. (1) Nothing in subsection 140 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the requirements of sections 92 and 101. Same (2) Nothing in subsection 140 (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing care services or meals to the subtenant. 1997, c. 24, s. 102. PART V Part applies to land lease communities 103. This Part applies with necessary modifications with respect to tenancies in land lease communities, as if the tenancies were in mobile home parks. 1997, c. 24, s. 103. Interpretation 104. A reference in this Part to a tenant's mobile home shall be interpreted to be a reference to a mobile home owned by the tenant and situated within a mobile home park of the landlord with whom the tenant has a tenancy agreement. 1997, c. 24, s. 104. Rights and Duties of Landlords and Tenants Tenant's right to sell, etc. 105. (1) A tenant has the right to sell or lease his or her mobile home without the landlord's consent. Landlord as agent (2) A landlord may act as the agent of a tenant in negotiations to sell or lease a mobile home only in accordance with a written agency contract entered into for the purpose of beginning those negotiations. Same (3) A provision in a tenancy agreement requiring a tenant who owns a mobile home to use the landlord as an agent for the sale of the mobile home is void. 1997, c. 24, s. 105. Landlord's right of first refusal 106. (1) This section applies if a tenancy agreement with respect to a mobile home contains a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord. Same (2) If a tenant receives an acceptable offer to purchase a mobile home, the landlord has a right of first refusal to purchase the mobile home at the price and subject to the terms and conditions in the offer. Same (3) A tenant shall give a landlord at least 72 hours notice of a person's offer to purchase a mobile home before accepting the person's offer. Landlord's purchase at reduced price (4) If a provision described in subsection (1) permits a landlord to purchase a mobile home at a price that is less than the one contained in a prospective purchaser's offer to purchase, the landlord may exercise the option to purchase the mobile home, but the provision is void with respect to the landlord's right to purchase the mobile home at the lesser price. 1997, c. 24, s. 106. Advertising a sale For sale signs 107. (1) A landlord shall not prevent a tenant who owns a mobile home from placing in a window of the mobile home a sign that the home is for sale, unless the landlord does so in accordance with subsection (2). Alternative method of advertising a sale (2) A landlord may prevent a tenant who owns a mobile home from placing a for sale sign in a window of a mobile home if all of the following conditions are met: 1. The prohibition applies to all tenants in the mobile home park. 2. The landlord provides a bulletin board for the purpose of placing for sale advertisements. 3. The bulletin board is provided to all tenants in the mobile home park free of charge. 4. The bulletin board is placed in a prominent place and is accessible to the public at all reasonable times. 1997, c. 24, s. 107. Assignment 108. A landlord may not refuse consent to the assignment of a site for a mobile home on a ground set out in clause 17 (2) (b) or 17 (3) (c) if the potential assignee has purchased or has entered into an agreement to purchase the mobile home on the site. 1997, c. 24, s. 108. Restraint of trade prohibited 109. (1) A landlord shall not restrict the right of a tenant to purchase goods or services from the person of his or her choice, except as provided in subsection (2). Standards (2) A landlord may set reasonable standards for mobile home equipment. 1997, c. 24, s. 109. Responsibility of landlord 110. (1) A landlord is responsible for, (a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals; (b) maintaining mobile home park roads in a good state of repair; (c) removing snow from mobile home park roads; (d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair; (e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and (f) repairing damage to a tenant's property, if the damage is caused by the wilful or negligent conduct of the landlord. Application for relief (2) A tenant or former tenant may apply to the Tribunal for relief as a result of a breach of the landlord's obligations under this section if the application is made within one year after the date the landlord breached the obligation. Order (3) In an order under this section, the Tribunal may, (a) terminate the tenancy; (b) order an abatement of the rent; (c) authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant; (d) order the landlord to do specified repairs or other work within a specified time; (e) make any other order the Tribunal considers appropriate. Same (4) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal. 1997, c. 24, s. 110. Mobile home abandoned 111. (1) This section applies if, (a) the tenant has vacated the mobile home in accordance with, (i) a notice of termination of the landlord or the tenant, (ii) an agreement between the landlord and tenant to terminate the tenancy, or (iii) an order of the Tribunal terminating the tenancy; or (b) the landlord has applied for an order under section 78 and the Tribunal has made an order terminating the tenancy. Notice to tenant (2) The landlord shall not dispose of a mobile home without first notifying the tenant of the landlord's intention to do so, (a) by registered mail, sent to the tenant's last known mailing address; and (b) by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located. Landlord may dispose of mobile home (3) The landlord may sell, retain for the landlord's own use or dispose of a mobile home in the circumstances described in subsection (1) beginning 60 days after the notices referred to in subsection (2) have been given if the tenant has not made a claim with respect to the landlord's intended disposal. Same (4) If, within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has already sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of, (a) the landlord's reasonable out of pocket expenses incurred with respect to the mobile home; and (b) any arrears of rent of the tenant. Same (5) If within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has retained for the landlord's own use the landlord shall return the mobile home to the tenant. Same (6) Before returning a mobile home to a tenant who claims it within the 60 days referred to in subsection (3) or the six months referred to in subsection (5), the landlord may require the tenant to pay the landlord for arrears of rent and any reasonable expenses incurred by the landlord with respect to the mobile home. No liability (7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section. 1997, c. 24, s. 111. Death of mobile home owner 112. Sections 49 and 50 do not apply if the tenant owns the mobile home. 1997, c. 24, s. 112. Extended notice of termination, special cases 113. If a notice of termination is given under section 53 with respect to a tenancy agreement for a mobile home owned by the tenant, the date for termination specified in the notice shall be at least one year after the date the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 113. Rules Related to Rent and Other Charges New tenant 114. (1) Despite subsection 17 (8) and section 124, if a new tenant of a site for a mobile home has purchased or has entered into an agreement to purchase the mobile home located on the site, the landlord may not charge the new tenant a rent that is greater than the last lawful rent charged plus the prescribed amount. Same (2) If an assignee of a tenant of a site for a mobile home has purchased or has entered into an agreement to purchase the mobile home located on the site, the assignee shall be deemed to be a new tenant for the purposes of subsection (1). Exception (3) Subsection 138 (11) does not apply with respect to a site for a mobile home if there is a new tenancy agreement with respect to the site and the new tenant purchased or has entered into an agreement to purchase the mobile home located on the site. 1997, c. 24, s. 114. Entrance and exit fees limited 115. A landlord shall not charge for any of the following matters, except to the extent of the landlord's reasonable out of pocket expenses incurred with regard to those matters: 1. The entry of a mobile home into a mobile home park. 2. The exit of a mobile home from a mobile home park. 3. The installation of a mobile home in a mobile home park. 4. The removal of a mobile home from a mobile home park. 5. The testing of water or sewage in a mobile home park. 1997, c. 24, s. 115. Proceedings before the Tribunal Increased capital expenditures 116. (1) If the Tribunal finds that a capital expenditure is for infrastructure work required to be carried out by the Government of Canada or Ontario or a municipality or an agency of any of them, despite subsections 138 (9) and (10), the Tribunal may determine the number of years over which the rent increase justified by that capital expenditure may be taken. Definition (2) In this section, "infrastructure work" means work with respect to roads, water supply, fuel, sewage disposal, drainage, electrical systems and other prescribed services and things provided to the mobile home park. 1997, c. 24, s. 116. PART VI Security deposits, limitation 117. (1) The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 118. Definition (2) In this section and section 118, "security deposit" means money, property or a right paid or given by, or on behalf of, a tenant of a rental unit to a landlord or to anyone on the landlord's behalf to be held by or for the account of the landlord as security for the performance of an obligation or the payment of a liability of the tenant or to be returned to the tenant upon the happening of a condition. 1997, c. 24, s. 117. Rent deposit may be required 118. (1) A landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement. Amount of rent deposit (2) The amount of a rent deposit shall not be more than the lesser of the amount of rent for one rent period and the amount of rent for one month. Same (3) If the lawful rent increases after a tenant has paid a rent deposit, the landlord may require the tenant to pay an additional amount to increase the rent deposit up to the amount permitted by subsection (2). Qualification (4) A new landlord of a rental unit or a person who is deemed to be a landlord under subsection 47 (1) of the Mortgages Act shall not require a tenant to pay a rent deposit if the tenant has already paid a rent deposit to the prior landlord of the rental unit. Exception (5) Despite subsection (4), if a person becomes a new landlord in a sale from a person deemed to be a landlord under subsection 47 (1) of the Mortgages Act, the new landlord may require the tenant to pay a rent deposit in an amount equal to the amount with respect to the former rent deposit that the tenant received from the proceeds of sale. Interest (6) A landlord of a rental unit shall pay interest to the tenant annually on the amount of the rent deposit at the rate of 6 per cent per year. Same (7) Where the landlord has failed to make the payment required by subsection (6) when it comes due, the tenant may deduct the amount of the payment from a subsequent rent payment. Rent deposit applied to last rent (8) A landlord shall apply a rent deposit that a tenant has paid to the landlord or to a former landlord in payment of the rent for the last rent period before the tenancy terminates. Transitional (9) A security deposit paid before the day this section is proclaimed in force shall be deemed to be a rent deposit for the purposes of this section. 1997, c. 24, s. 118. Rent deposit, prospective tenant 118.1 (1) A landlord shall repay the amount received as a rent deposit in respect of a rental unit if vacant possession of the rental unit is not given to the prospective tenant. 2001, c. 9, Sched. J, s. 4 (6). Exception (2) Despite subsection (1), if the prospective tenant, before he or she would otherwise obtain vacant possession of the rental unit, agrees to rent a different rental unit from the landlord, (a) the landlord may apply the amount received as a rent deposit in respect of the other rental unit; and (b) the landlord shall repay only the excess, if any, by which the amount received exceeds the amount of the rent deposit the landlord is entitled to receive under section 118 in respect of the other rental unit. 2001, c. 9, Sched. J, s. 4 (6). Post-dated cheques 119. Neither a landlord nor a tenancy agreement shall require a tenant to provide post-dated cheques or other negotiable instruments for payment of rent. 1997, c. 24, s. 119. Receipt for payment 120. A landlord shall provide free of charge to a tenant, upon the tenant's request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord. 1997, c. 24, s. 120. General Rules Concerning Amount of Rent Charged Landlord not to charge more than lawful rent 121. (1) No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under this Part. Lawful rent where discounts offered (2) Where a landlord offers a discount in rent at the beginning of, or during, a tenancy, the lawful rent shall be calculated in accordance with the prescribed rules. Lawful rent where higher rent for first rental period (3) Where the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for subsequent rental periods, the lawful rent shall be calculated in accordance with the prescribed rules. 1997, c. 24, s. 121. Landlord's duty, rent increases 122. No landlord shall increase the rent charged to a tenant for a rental unit, except in accordance with this Part. 1997, c. 24, s. 122. Lawful rent when this Act comes into force 123. Unless otherwise prescribed, the lawful rent charged to a tenant for a rental unit for which there is a tenancy agreement in effect on the day this Part comes into force shall be the rent that was charged on the day before this section came into force or, if that amount was not lawfully charged under the Rent Control Act, 1992, the amount that it was lawful to charge on that day. 1997, c. 24, s. 123. New tenant 124. Subject to section 121, the lawful rent for the first rental period for a new tenant under a new tenancy agreement is the rent first charged to the tenant. 1997, c. 24, s. 124. Miscellaneous new tenancy agreements Assignment without consent 125. (1) If a person occupies a rental unit as a result of an assignment of the unit without the consent of the landlord, the landlord may negotiate a new tenancy agreement with the person. Overholding subtenant (2) If a subtenant continues to occupy a rental unit after the end of the subtenancy and the tenant has abandoned the rental unit, the landlord may negotiate a new tenancy agreement with the subtenant. Limitation (3) Section 124 applies to tenancy agreements entered into under subsection (1) or (2) if they are entered into no later than 60 days after the landlord discovers the unauthorized occupancy. Deemed assignment (4) A person's occupation of a rental unit shall be deemed to be an assignment of the rental unit with the consent of the landlord as of the date the unauthorized occupancy began if, (a) a tenancy agreement is not entered into under subsection (1) or (2) within the period set out in subsection (3); (b) the landlord does not apply to the Tribunal under section 81 for an order evicting the person within 60 days of the landlord discovering the unauthorized occupancy; and (c) neither the landlord nor the tenant applies to the Tribunal under section 82 within 60 days after the end of the subtenancy for an order evicting the subtenant. 1997, c. 24, s. 125. 12-month rule 126. (1) A landlord who is lawfully entitled to increase the rent charged to a tenant for a rental unit may do so only if at least 12 months have elapsed, (a) since the day of the last rent increase for that tenant in that rental unit, if there has been a previous increase; or (b) since the day the rental unit was first rented to that tenant, otherwise. Exception (2) An increase in rent under section 132 shall be deemed not to be an increase in rent for the purposes of this section. 1997, c. 24, s. 126. Notice of rent increase required 127. (1) A landlord shall not increase the rent charged to a tenant for a rental unit without first giving the tenant at least 90 days written notice of the landlord's intention to do so. Same (2) Subsection (1) applies even if the rent charged is increased in accordance with an order under section 138. Contents of notice (3) The notice shall be in a form approved by the Tribunal and shall set out the landlord's intention to increase the rent and the amount of the new rent. Increase void without notice (4) An increase in rent is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice. 1997, c. 24, s. 127. Deemed acceptance where no notice of termination 128. A tenant who does not give a landlord notice of termination of a tenancy under section 46 after receiving notice of an intended rent increase under section 127 shall be deemed to have accepted whatever rent increase would be allowed under this Act after the landlord and the tenant have exercised their rights under this Act. 1997, c. 24, s. 128. Guideline increase 129. (1) No landlord may increase the rent charged to a tenant or to an assignee under section 17 during the term of their tenancy by more than the guideline except in accordance with sections 130 to 139. Guideline (2) The Minister shall determine the guideline in effect for each calendar year as follows: 1. Determine the rent control index taking into account the weights and the three year moving averages of the operating cost categories as set out in the prescribed Table. 2. The part of the guideline allocated to operating costs is equal to 55 per cent of the percentage increase in the rent control index, rounded to the nearest 1/10th of 1 per cent. 3. The guideline is the sum of the part of the guideline allocated to operating costs and 2 per cent. Publication of guideline (3) The Minister shall have the guideline for each year published in The Ontario Gazette not later than the 31st day of August of the preceding year. Guideline for 1997, 1998 (4) The guideline for the calendar year 1997 and for the calendar year 1998 shall be the rent control guideline for each of those years established under the Rent Control Act, 1992. 1997, c. 24, s. 129. Agreements to Increase, Decrease Rent Agreement 130. (1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if, (a) the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or (b) the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase. Same (2) An agreement under subsection (1) shall be in the form approved by the Tribunal and shall set out the new rent, the tenant's right under subsection (4) to cancel the agreement and the date the agreement is to take effect. Same (3) A landlord shall not increase rent charged under this section by more than the guideline plus 4 per cent of the previous lawful rent charged. Right to cancel (4) A tenant who enters into an agreement under this section may cancel the agreement by giving written notice to the landlord within five days after signing it. Agreement in force (5) An agreement under this section may come into force no earlier than six days after it has been signed. Notice of rent increase not required (6) Section 127 does not apply with respect to a rent increase under this section. When prior notice void (7) Despite any deemed acceptance of a rent increase under section 128, if a landlord and tenant enter into an agreement under this section, a notice of rent increase given by the landlord to the tenant before the agreement was entered into becomes void when the agreement takes effect, if the notice of rent increase is to take effect on or after the day the agreed to increase is to take effect. 1997, c. 24, s. 130. Tenant application 131. (1) A tenant or former tenant may apply to the Tribunal for relief if the landlord and the tenant or former tenant agreed to an increase in rent under section 130 and, (a) the landlord has failed in whole or in part to carry out an undertaking under the agreement; (b) the agreement was based on work that the landlord claimed to have done but did not do; or (c) the agreement was based on services that the landlord claimed to have provided but did not do so. Time limitation (2) No application may be made under this section more than two years after the rent increase becomes effective. Order (3) In an application under this section, the Tribunal may find that some or all of the rent increase above the guideline is invalid from the day on which it took effect and may order the rebate of any money consequently owing to the tenant or former tenant. 1997, c. 24, s. 131. Additional services, etc. 132. (1) A landlord may increase the rent charged to a tenant for a rental unit as prescribed at any time if the landlord and the tenant agree that the landlord will add any of the following with respect to the tenant's occupancy of the rental unit: 1. A parking space. 2. A prescribed service, facility, privilege, accommodation or thing. Non-application of 12-month rule, notice of rent increase (2) Sections 126 and 127 do not apply with respect to a rent increase under this section. 1997, c. 24, s. 132. Coerced agreement void 133. An agreement under section 130 or 132 is void if it has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord. 1997, c. 24, s. 133. Decrease in services, etc. 134. A landlord shall decrease the rent charged to a tenant for a rental unit as prescribed if the landlord and the tenant agree that the landlord will cease to provide anything referred to in subsection 132 (1) with respect to the tenant's occupancy of the rental unit. 1997, c. 24, s. 134. Additional Grounds for Rent Increase Increase to maximum rent 135. (1) A landlord may increase the rent charged to a tenant of a rental unit up to the maximum rent determined under subsection (2) if the tenant of the rental unit has been a tenant of the rental unit since the day before this section is proclaimed in force. Maximum rent (2) For the purposes of subsection (1), the maximum rent is the amount determined by, (a) determining the maximum rent under the Rent Control Act, 1992 on the day before this section was proclaimed in force; (b) adding to that amount any increases in maximum rent resulting from an order issued under section 21 of the Rent Control Act, 1992 or a notice of carry forward issued under section 22 of that Act; and (c) subtracting from that amount the amount of any decreases in maximum rent ordered under section 28 or 33 of the Rent Control Act, 1992. 1997, c. 24, s. 135. Reduction of Rent - Municipal Taxes Reduced Municipal taxes reduced 136. (1) If the municipal property tax for a residential complex is reduced by more than the prescribed percentage, the lawful rent for each of the rental units in the complex is reduced in accordance with the prescribed rules. Effective date (2) The rent reduction shall take effect on the prescribed date, whether or not notice has been given under subsection (3). Notice (3) If, for a residential complex with at least the prescribed number of rental units, the rents that the tenants are required to pay are reduced under subsection (1), the local municipality shall, within the prescribed period and by the prescribed method of service, notify the landlord and all of the tenants of the residential complex of that fact. Same (4) The notice shall be in writing in a form approved by the Tribunal and shall, (a) inform the tenants that their rent is reduced; (b) set out the percentage by which their rent is reduced and the date the reduction takes effect; (c) inform the tenants that if the rent is not reduced in accordance with the notice they may apply to the Tribunal under section 144 for the return of money illegally collected; and (d) advise the landlord and the tenants of their right to apply for an order under section 137. Same (5) The local municipality shall give a copy of a notice under this section to the Tribunal or to the Ministry, on request. 1997, c. 24, s. 136. Application for variation 137. (1) A landlord or a tenant may apply to the Tribunal under the prescribed circumstances for an order varying the amount by which the rent charged is to be reduced under section 136. Same (2) An application under subsection (1) must be made within the prescribed time. Determination and order (3) The Tribunal shall determine an application under this section in accordance with the prescribed rules and shall issue an order setting out the percentage of the rent reduction. Same (4) An order under this section shall take effect on the effective date determined under subsection 136 (2). 1997, c. 24, s. 137. Landlord Application for Rent Increase Increased operating costs, capital expenditures 138. (1) A landlord may apply to the Tribunal for an order allowing the rent charged to be increased by more than the guideline for any or all of the rental units in a residential complex in any or all of the following cases: 1. An extraordinary increase in the cost for municipal taxes and charges or utilities or both for the whole residential complex. 2. Capital expenditures incurred respecting the residential complex or one or more of the rental units in it. 3. Operating costs related to security services provided in respect of the residential complex by persons not employed by the landlord. Same (2) An increase in the cost of municipal taxes and charges or utilities is extraordinary if it is greater than the percentage increase set out for the corresponding cost category recognized in the Table referred to in subsection 129 (2). When application made (3) An application under this section shall be made at least 90 days before the effective date of the first intended rent increase referred to in the application. Rent chargeable before order (4) If an application is made under this section and the landlord has given a notice of rent increase as required, until an order authorizing the rent increase for the rental unit takes effect, the landlord shall not require the tenant to pay a rent that exceeds the lesser of, (a) the new rent specified in the notice; and (b) the greatest amount that the landlord could charge without applying for a rent increase. Tenant may pay full amount (5) Despite subsection (4), the tenant may choose to pay the amount set out in the notice of rent increase pending the outcome of the landlord's application and, if the tenant does so, the landlord shall owe to the tenant any amount paid by the tenant exceeding the amount allowed by the order of the Tribunal. Order (6) In an application under this section, the Tribunal shall make findings in accordance with the prescribed rules with respect to all of the grounds of the application and shall order the percentage rent increase that may be taken and the time period as prescribed, during which it may be taken. Same (7) In making findings in an application under paragraph 2 of subsection (1), the Tribunal may disallow a capital expenditure if the Tribunal finds the capital expenditure is unreasonable. Same (8) The Tribunal shall not make a finding under subsection (7) that a capital expenditure is unreasonable if the capital expenditure, (a) is necessary to protect or restore the physical integrity of the residential complex or part of it; (b) is necessary to maintain maintenance, health, safety or other housing related standards required by law; (c) is necessary to maintain the provision of a plumbing, heating, mechanical, electrical, ventilation or air conditioning system; (d) provides access for persons with disabilities; (e) promotes energy or water conservation; or (f) maintains or improves the security of the residential complex. Limitation (9) The Tribunal shall not make an order with respect to a rental unit that increases the lawful rent with respect to capital expenditures or operating costs related to security services in an amount that is greater than 4 per cent of the previous lawful rent. Same (10) If the Tribunal determines with respect to a rental unit that an increase in lawful rent of more than 4 per cent of the previous lawful rent is justified with respect to capital expenditures, operating costs related to security services or both, the Tribunal shall also order, in accordance with the prescribed rules, increases in rent for the following years in an amount not to exceed in any year 4 per cent of the lawful rent for the previous year, until the total increase has been taken. Order not to apply to new tenant (11) An order of the Tribunal under subsection (6) or (10) with respect to a rental unit ceases to be of any effect on and after the day a new tenant enters into a new tenancy agreement with the landlord if that agreement takes effect on or after the day that is 90 days before the first effective date of a rent increase in the order. 1997, c. 24, s. 138. Two ordered increases 139. If an order is made under subsection 138 (6) with respect to a rental unit and a landlord has not yet taken all the increases in rent for the rental unit permissible under a previous order under subsection 138 (10), the landlord may increase the rent for the rental unit in accordance with the prescribed rules. 1997, c. 24, s. 139. Additional charges prohibited 140. (1) Unless otherwise prescribed, no landlord shall, directly or indirectly, with respect to any rental unit, (a) collect or require or attempt to collect or require from a tenant or prospective tenant of the rental unit a fee, premium, commission, bonus, penalty, key deposit or other like amount of money whether or not the money is refundable; (b) require or attempt to require a tenant or prospective tenant to pay any consideration for goods or services as a condition for granting the tenancy or continuing to permit occupancy of a rental unit if that consideration is in addition to the rent the tenant is lawfully required to pay to the landlord; or (c) rent any portion of the rental unit for a rent which, together with all other rents payable for all other portions of the rental unit, is a sum that is greater than the rent the landlord lawfully may charge for the rental unit. 1997, c. 24, s. 140 (1). Same (2) No superintendent, property manager or other person who acts on behalf of a landlord with respect to a rental unit shall, directly or indirectly, with or without the authority of the landlord, do any of the things mentioned in clause (1) (a), (b) or (c) with respect to that rental unit. 1997, c. 24, s. 140 (2). Same (3) Unless otherwise prescribed, no tenant and no person acting on behalf of the tenant shall, directly or indirectly, (a) sublet a rental unit for a rent that is payable by one or more subtenants and that is greater than the rent that is lawfully charged by the landlord for the rental unit; (b) Repealed: 2000, c. 26, Sched. K, s. 6 (22). (c) collect or require or attempt to collect or require from any person any fee, premium, commission, bonus, penalty, key deposit or other like amount of money, for subletting a rental unit, for surrendering occupancy of a rental unit or for otherwise parting with possession of a rental unit; or (d) require or attempt to require a person to pay any consideration for goods or services as a condition for the subletting, assignment or surrender of occupancy or possession in addition to the rent the person is lawfully required to pay to the tenant or landlord. 1997, c. 24, s. 140 (3); 2000, c. 26, Sched. K, s. 6 (21-23). Rent deemed lawful 141. (1) Rent charged one or more years earlier shall be deemed to be lawful rent unless an application has been made within one year after the date that amount was first charged and the lawfulness of the rent charged is in issue in the application. Increase deemed lawful (2) An increase in rent shall be deemed to be lawful unless an application has been made within one year after the date the increase was first charged and the lawfulness of the rent increase is in issue in the application. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||