Landlord and Tenant

The Landlord and Tenant Board is just one of the many tribunals in Ontario. Governed by the Residential Tenancies Act, the Landlord and Tenant Board (LTB) was created to be a quick way to deal with disputes between landlords and tenants. The Tribunal has jurisdictional exclusivity in these disputes, meaning a landlord and tenant dispute cannot be heard in any other court system prior to first proceeding through the Board.

Since the Board is the primary avenue for these disputes, it is imperative to know and understand the Residential Tenancies Act and to include the applicable rules and procedures when advancing your interests. Throughout the process, should there be any errors, including but not limited to, incorrect information or failure to accurately follow all the steps involved in the process, this could result in the Board dismissing your action at hearing. A dismissal would then require starting the process over.

The Residential Tenancies Act has specific direction on how an individual, or corporate entity, may proceed to make Application for a Hearing to deal with the relevant issue. This could be non-payment of rent, interference of reasonable enjoyment, damages caused by tenant, disputes between tenants, etc. These issues begin with a Notice to the Tenant, which require both accuracy and detail. The Notice is the most important part of the process as it cannot be amended once served. Should an error be discovered before filing an Application, it’s in your best interest to start the process over. Failing to do this would likely result in an Application being dismissed based on error in Notice. Errors in Notice are the most common reason for applications being dismissed. A dismissed action results in several months of lost time and money. In addition to landlord concerns, the Board hears applications brought by tenants as against landlords. Knowing the law and applicable by-laws, in addition to the Human Rights Act, amongst others, gives you the resources needed to successfully dispute or defend a matter. When a landlord and tenant relationship gets to the point of potentially requiring the Tribunal, the use of a knowledgeable legal representative in imperative in ensuring that all steps and procedures are followed for an optimal outcome.

Our team of legal representatives can assist you from beginning to end. Regardless of what type of residential tenancy you may have, it is important that you know the rules and procedures of the Board as well as knowing your rights and responsibilities as a landlord.