Chapter 1 : Overview

Chapter 1 : Overview

• How did we get here?• What does the RTA regulate?• Whom does the RTA regulate?• Who does the regulation?• Possible applications

How did we get here?

• Rent control has applied to most rental units since 1975– Various boards applied it

• Federally appointed judges heard landlord-tenant disputes

• From June 17, 1998, the Ontario Rental Housing Tribunal heard both kinds of cases

• From January 31, 2007, the ORHT was renamed the Landlord and Tenant Board (“the board”)

What does the RTA regulate?

• The Residential Tenancies Act, 2006 (RTA) regulates all aspects of residential tenancies in Ontario:– The tenancy agreement– Eviction claims– Assignments and sublets– Rent determination– Lawful rent increases, etc.

Whom does the RTA regulate?

• Landlords and tenants of all residential rental accommodation in Ontario, e.g.:– High rise apartments– Rented single family homes – Everything in between

• Special rules for special types of rental units– Care homes– Mobile home parks/land lease communities

• Partial exemptions for some government housing

Who does the regulation?

• The Landlord and Tenant Board (“the board”)

• Members are appointed by the Provincial government under the RTA

• The board has offices in most major cities across Ontario (including three in Toronto)

• The board does not have jurisdiction to hear a landlord’s claim against a former tenant

Possible applications (examples)

• Termination– for non-payment of rent– for disturbing other tenants

• Orders– to collect rent arrears– for rent abatements for inadequate

maintenance– for above-guideline rent increases– for rent reductions