W2 - ppt 3,4

Week 2: Rights and Responsibilities of Residential Landlords & Tenants POWER POINT 3 Security of Tenure: - Security of tenure is the security, or rights of occupation, of an occupier How is the Security of Tenure Illustrated in the RTA? - Tenancy may be terminated only in accordance with the Act – s.37(1) - If a fixed term tenancy is not terminated by notice (by either LL or T), and is not renewed for another fixed term, LL and T are deemed to have renewed the tenancy agreement as a monthly tenancy – s. 38(1) - If a periodic tenancy is not terminated by either the LL or the T, it renews for the period in question – s. 38(2) o Renew for another day, week, month, with same terms o If weekly agreement, stays weekly agreement o Usually determined by payment frequency o Ordinarily continues by what period it is (day by day, week by week) o It can lapse into monthly – depends on feasibility of type of rental o If in place that is only day by day, will not revert into long term agreement – very rare - Unless T has vacated or abandoned the unit, LL shall not regain possession without an order of LTB evicting T – s. 39 o Restrictions on recovery of possession Maintenance and Repairs: - RTA ss. 20, 29-30, 33-34 - Standard Lease – s. 13 and Parts J & T - Interpretation Guideline 5: Breach of Maintenance Obligations - Interpretation Guideline 6: Tenant Rights - LL cannot interfere with occupancy of rental units o Includes allowed for vital services, etc. o Cannot harass, obstruct, force, interfere with tenant - Cannot interfere with reasonable enjoyment - Brochure on Maintenance and Repair LL’s Responsibility to Repair: S.20 - LL must provide and maintain residential complex, including rental units in it, in a good state of repair and fit for habitation during tenancy – s. 20(1) - LL must also comply with health and safety standards o LL must provide the rental unit with smoke and carbon monoxide alarms (Part T of the Standard Lease) - Does not matter if premises were in state of non-repair at time lease was entered into and T knew of that fact – s. 20(2) Repair the Rental Property: - A landlord must keep a rental property in a good state of repair. All things that the landlord provides to the tenant must be kept in working order. This could include: o Electrical, plumbing or heating systems o Appliances

o Carpets in the unit or common areas o Walls, roofs, ceilings o Windows, doors, locks, lighting o Garages, laundry rooms, patios, walkways or pools - If something no longer works due to normal wear and tear or because it breaks or wears out, the landlord must repair it so that it works properly, or replace it. When something is replaced, however, the landlord does not have to supply a new or better model. o For example, if a stove supplied by the landlord cannot be fixed and must be replaced, it does not have to be replaced with a newer model with more features. Also, the landlord could replace it with a used stove, as long as the used stove works properly. Maintain Rental Property: - A landlord must keep the rental property clean. This includes the lobby, halls, elevator, laundry room, pool, and parking lot or garage. A landlord must also take steps to control pests such as cockroaches and mice. Meet Property Standards: - A landlord must make sure that the rental property meets health, safety, housing and maintenance standards. These standards are set out in municipal bylaws or provincial maintenance standards. Tenant’s Responsibility (with regard to Maintenance + Repair): - T responsible for ordinary cleanliness of rental unit – s. 33 o unless LL is responsible for cleaning under lease - This means: - A tenant must keep the rental unit clean, up to the standard that most people would consider ordinary or normal cleanliness. - Keeping an untidy unit is not a reason to evict a tenant under the RTA. However, if a tenant's unit is so unclean that it is interfering with the reasonable enjoyment of the landlord or other tenants in the building, the tenant could be evicted for this reason. - Also, a tenant could be evicted for putting the safety of the landlord or other tenants at risk. For example: o The unit is so dirty that it attracts pests o The unit is so cluttered that it poses a fire hazard Tenant’s Responsibility (with regard to Damage to Unit): - T also responsible for repair of undue damage caused to rental unit or residential complex by wilful or negligent conduct of T, another occupant of rental unit or of persons permitted on the residential complex by T – s. 34 Repair Damage: - A tenant must repair or pay for the repair of any damage to the rental property that's not due to normal wear and tear . - The damage could have been caused by the tenant, their guests or another person living in the rental unit. - This includes damage in the tenant's unit, as well as in any common areas such as a hallway, elevator, stairway, driveway, or parking area. It does not