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RTA/LTB Changes as of Sept 1 - including claims against former tenants

  • Fri, August 20, 2021 1:41 PM
    Message # 10944330
    Christian Szpilfogel (Administrator)

    A number of amendments to the Residential Tenancies Act (RTA) will be brought into force on September 1, 2021. The following summary covers significant amendments involving claims against current and former tenants.

    This communication addresses claims against former tenants, and claims for unpaid utilities or City fines. A few days ago, OREIO sent other information that addressed conduct-based applications, and no-fault terminations for renovations, demolitions or personal use. 

    Claims against current tenants for City fines 

    As of September 1, rental housing providers can seek compensation for reasonable out-of-pocket expenses that arise from the conduct of tenants, their guests or occupants where they substantially interfere with the rental property owner’s reasonable enjoyment or other lawful right, privilege or interest. The rental provider must prove the tenant’s conduct led to the expense (s.88.1). This will cover items such as City fines for excess noise or garbage by-law violations.

    Claims for utility charges

    Rental housing providers will also be able to claim compensation for expenses that result from a tenant’s failure to pay utility charges at the Landlord and Tenant Board (LTB), and will need to apply to the LTB instead of proceeding in Small Claims Court (s. 88.2).

    Claims against former tenants at LTB, not Small Claims Court

    As of September 1, rental housing providers need to apply to the LTB for compensation after the tenant has vacated the unit. The LTB has created a new form, L10 for this purpose. Applications can be made for the following reasons:

    • Rent arrears, in a claim begun after a tenant vacates
    • Compensation for using the rental unit after a tenancy is terminated
    • Compensation for reasonable out-of-pocket expenses incurred due to conduct by a former tenant and others as noted above
    • Compensation for expenses incurred due to a former tenant’s failure to pay utilities
    • Compensation to replace or repair undue damage caused by a former tenant, guest or occupant – s.89(1)

    Landlords can no longer claim against former tenants in Small Claims Court. Instead, landlords must apply to the LTB.

    The landlord is responsible for serving (i.e. delivering) applications and notices of hearing naming former tenants. The landlord must also use specified methods of service. If an applicant tries to serve by an approved method, and cannot achieve service, the landlord can apply to the LTB for approval of alternate means of service. Rental providers need to collect tenants’ email addresses, and follow best practices for seeking the former tenant’s new address.

    John Dickie

    Chair, Eastern Ontario Landlord Organization

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