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Frequently Asked Questions

Content and materials displayed on this website are for educational purposes only, and should not be interpreted as legal advice.

Interest

RTA s.106(6)

You must pay interest to your Tenant for the last month's rent (LMR) you are holding. Every 12 months you pay according to that year's Rent Increase Guideline. You may apply that interest as a discount to the LMR if you have properly served a rental increase on the Tenant. 

Last Month's Rent

RTA s.234(f)

The last month's rent deposit is to be used for no other purpose than the last month's rent. Yes, sometimes your Tenant will come up short and you will try to "do the right thing". Don't. It is an offence under the Residential Tenancies Act to apply that money to anything other than the last month's rent. 

Maintenance Obligations

Guideline 5 – Breach of Maintenance Obligations pages 1 - 3

The Landlord has the ultimate responsibility of keeping the rental property in good condition. Although the Tenant could be held responsible for damages they have caused, the Landlord has a positive ongoing obligation to conduct inspections, ask questions, and make repairs in a timely fashion. 

24 Hours Notice

RTA s.26 - 27

The Residential Tenancies Act outlines that a Landlord MUST provide 24 hours notice before entering a Tenant's home unless it is an emergency, or the Tenant has already provided their notice to terminate the tenancy. Landlords who fail to provide 24 hours notice where required could be facing fines up to $1000 per entry (Wrona  v. Toronto Community Housing Corporation, 2007).

No Pets

RTA s.14 

A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. There are some exceptions to this rule, such as Condominium Rules, serious allergies, etc. 

Lawn and Snow Maintenance

It is ultimately the Landlord's responsibility to maintain the property. This includes lawn and snow maintenance. If your lease states the Tenant will take care of this, the clause will be void (Montgomery v. Van, 2009). The only way to ensure the Tenant will handle these responsibilities is through a secondary contract which provides them compensation for the service. 

N12 - One Month's Compensation

RTA s.48.1

A Landlord who issues an N12 notice to re-claim possession of a residential unit for the purposes of residential occupation for themselves, their spouse, child, or a care-taker, must provide the Tenant compensation in the amount of at least one-month's rent. 

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