An order under this paragraph may be made regardless of whether the former tenant has incurred any actual expenses or whether an order is made under paragraph 2. The tenant shall ensure that the air conditioner, including its installation and operation, does not damage the rental unit or residential complex. 213 Any document referred to in this Act and specified in the regulations or in the Rules may be created, signed, filed, provided, issued, sent, received, stored, transferred, retained or otherwise dealt with electronically if it is done in accordance with the regulations or the Rules. 2017, c. 13, s. 11. 7, s. 1. 107 (1) A landlord shall repay the amount received as a rent deposit in respect of a rental unit if vacant possession of the rental unit is not given to the prospective tenant. (4) In determining the amount of arrears of rent, compensation or both owing by a tenant in an order for termination of a tenancy and the payment of arrears of rent, compensation or both, the Board shall subtract from the amount owing the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination. (7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of a tenants mobile home in accordance with this section. 94.17 (1) A person is guilty of an offence if the person knowingly. (2) A landlord does not create a tenancy with an unauthorized occupant of a rental unit by accepting compensation for the use and occupation of the rental unit, unless the landlord and unauthorized occupant agree otherwise. 2006, c.17, s.106(9). (5) For greater certainty, this section applies with respect to an agreement referred to in subsection (1) even if the agreement was entered into before the day section 26 of Schedule 4 to the, (1) If, on an application made under section 126 on or after the day section 27 of Schedule 4 to the. 2009, c.33, Sched. 41 (1) A landlord may sell, retain for the landlords own use or otherwise dispose of property in a rental unit or the residential complex if the rental unit has been vacated in accordance with. 2006, c.17, s.246. 2006, c.17, s.12(2). 4, s. 13. (4) Interest earned on money paid to the Board in trust that exceeds the interest earned at the prescribed rate vests in the Crown and shall be deposited in the Consolidated Revenue Fund. 2010, c.8, s.39 (1). 2006, c.17, s.53(2). (3.1) The landlord shall include with an application under this section a summary of each of the following, if applicable: 1. 2006, c.17, s.74(8). The amount of NSF cheque charges charged by financial institutions to the landlord in respect of cheques tendered to the landlord by or on behalf of the tenant, as allowed by the Board in an application by the landlord under section 87. Operating costs related to security services provided in respect of the residential complex or any building in which the rental units are located by persons not employed by the landlord. 3. 2020, c. 16, Sched. 207 (1) The Board may, where it otherwise has the jurisdiction, order the payment to any given person of an amount of money up to the greater of $10,000 and the monetary jurisdiction of the Small Claims Court. 2006, c.17, s.166. - 30/05/2017. A landlord can demand a last month's rent deposit on or before the landlord and tenant enter into the tenancy agreement. 4. 2013, c.3, s.31. ii. 2006, c.17, s.108; 2009, c.33, Sched. 2006, c.17, s.90; 2013, c.3, s.30. 4, s. 28 - 01/09/2021. 7, s. 1. (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 150 (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlords intention to do so. 2013, c.3, s.38. 2006, c.17, s.230(4). 2016, c. 2, Sched. 3. (i) one or more items referred to in subclause (a) (i) that have not been completed, (ii) one or more repairs or replacements or other work referred to in subclause (a) (ii) that has not been completed, or. 1, s.188 (2); 2020, c. 16, Sched. 2. 2009, c. 33, Sched. 2006, c.17, s.130(3). 2020, c. 16, Sched. (5) A landlord and the executor or administrator of a deceased tenants estate may agree to terms other than those set out in this section with regard to the termination of the tenancy and disposal of the tenants property. (b) was made before that day and was not finally determined before that day. (8) The Board shall make an order under subsection (6) without holding a hearing. the amount payable under the terms of the settlement in respect of NSF cheque charges that were charged by financial institutions in respect of cheques tendered by or on behalf of the tenant and for which the landlord has not been reimbursed, iii. 2013, c.3, s.31. 2023, c. 10, Sched. The landlord applied for an order for the payment of arrears of rent or compensation for the repair or replacement of damaged property when the landlord made the previous application described in paragraph 1 of subsection (1). 2006, c.17, s.61(2). 2006, c.17, s.41(4). 2020, c. 16, Sched. 2006, c.17, s.206(2). (3) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction. (b) with whom the person is living in a conjugal relationship outside marriage, if the two persons. (b) subject to the prescribed rules, specifying a 12-month period during which an increase permitted by clause (a) may take effect. (c) the Board believes it would be appropriate to deal separately with different matters included in the application. 2006, c.17, s.201(3). 2020, c. 16, Sched. 2006, c.17, s.130(2). 4, s. 28. 133 (1) A tenant of a rental unit may apply to the Board for an order for a reduction of the rent charged for the rental unit due to a reduction in the municipal taxes and charges for the residential complex. The HST rate in Ontario is 13% of which 5% is the federal part and 8% the provincial part. (See: 2023, c. 10, Sched. 3, s. 12; 2020, c. 16, Sched. The member has not given a written notice under paragraph 1 of subsection 171.9 (3) of the Co-operative Corporations Act that he or she wishes to continue his or her membership and occupancy rights. Order an abatement of the tenants or former tenants rent. This way, if there is any confusion about the agreement, both the landlord and tenant have a written copy to refer to. (3) After the landlord has complied with clause (1) (a) or (b), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (2). (b) by handing it to an apparently adult person in the member unit; (c) by leaving it in the mail box where mail is ordinarily delivered to the person; (d) if there is no mail box, by sliding it under the door of the member unit or through a mail slot in the door or leaving it at the place where mail is ordinarily delivered to the person; (e) by sending it by mail to the last known address where the person resides or carries on business; (f) if the person is a non-profit housing co-operative. 245 (1) The Board shall provide any information it received under subsection 157 (3) of the Tenant Protection Act, 1997 to members of the public on request. a prescribed act or omission may include a threat or an attempt to commit the act or omission; 13.1 prescribing persons that are to be included or are not to be included in the definition of member in section 94.1 and exempting any such persons from any provision of this Act specified in the regulation; 14. prescribing conditions applicable to discounts referred to in subsection 111 (2) or paragraph 1 of subsection 111 (2.1); 15. prescribing discounts for the purpose of paragraph 2 of subsection 111 (2.1); 16. prescribing rules for the purpose of subsection 111 (3) for calculating the lawful rent which may be charged where a landlord provides a tenant with a discount in rent at the beginning of, or during, a tenancy, and prescribing different rules for different types of discounts; 17. prescribing rules for the purpose of subsection 111 (4) for the calculation of lawful rent where the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for any subsequent rental period; 18. prescribing the circumstances under which lawful rent for the purposes of section 112 will be other than that provided for in section 112 and providing the lawful rent under those circumstances; 19. prescribing information to be included in a notice under clause 114 (3) (e); 20. prescribing information to be filed and the time in which it is to be filed for the purposes of subsection 115 (4); 21. respecting rules for increasing or decreasing rent charged for the purposes of sections 123 and 125; 22. prescribing services, facilities, privileges, accommodations and things for the purposes of paragraph 2 of subsection 123 (1); 23. defining or describing the method for determining what constitutes extraordinary increase for the purpose of section 126; 23.1 prescribing information to be included in a summary for the purposes of paragraph 4 of subsection 126 (3.2); 24. prescribing rules governing making information available under subsection 126 (4); 24.1 prescribing circumstances under which a capital expenditure is not an eligible capital expenditure under subsection 126 (7); 25. prescribing the rules for making findings for the purposes of subsection 126 (10); 26. prescribing rules governing the time period to be specified in an order under clause 126 (10) (b); 27. prescribing rules for the purpose of clause 126 (11) (b); 28. prescribing rules for the purposes of section 127; 29. prescribing rules for the purposes of subsection 128 (2); 30. prescribing a percentage, a period and rules for the purposes of subsection 128 (3); 31. prescribing rules governing the determination of the date to be specified in an order under clause 129 (b); 32. prescribing rules governing the determination of the percentage by which rent is required to be reduced under subclause 129 (c) (ii); 33. prescribing the rules for making findings for the purposes of subsection 130 (3); 34. prescribing percentages and rules for the purposes of subsection 131 (1); 35. prescribing rules for the purposes of subsection 131 (2); 36. prescribing a number of rental units, a period and methods of service for the purposes of subsection 131 (3); 37. prescribing circumstances for the purposes of subsection 132 (1); 38. prescribing a period of time for the purposes of subsection 132 (2); 39. prescribing rules for the purposes of subsection 132 (3); 40. prescribing the rules for making findings for the purposes of subsection 133 (2) and for determining the effective date for an order under subsection 133 (3); 41. exempting specified payments from the operation of subsection 134 (1) or (3); 42. prescribing rules governing the provision of notice for the purposes of clause 137 (2) (c); 43. prescribing rules governing the provision of a notice for the purposes of clause 137 (3) (b); 44. prescribing the circumstances and the rules governing the reduction of rent for the purposes of clause 137 (3) (c); 45. prescribing the information to be provided to the tenant for the purposes of subsection 137 (4); 45.1 prescribing the circumstances and conditions to be met for the purposes of subsection 137 (5); 45.2 prescribing the time, the circumstances and the rules for the purposes of subsection 137 (6); 45.3-47 Repealed: 2020, c. 16, Sched. The new forms will be included in the Tribunals Ontario Portal when it launches later this fall. Order the landlord to do specified repairs or replacements or other work within a specified time. (a) ensure that any appliances provided by the landlord satisfy the prescribed requirements relating to conservation and efficient use of the utility; (b) ensure that other aspects of the rental unit satisfy the prescribed requirements relating to conservation and efficient use of the utility; and. (11) Sections 110, 116, 119 and 120 and any order under paragraph 6 of subsection 30 (1) do not apply with respect to a rent increase under this section. (3) If, for a residential complex with at least the prescribed number of rental units, the rents that the tenants are required to pay are reduced under subsection (1), the local municipality in which the residential complex is located shall, within the prescribed period and by the prescribed method of service, notify the landlord and all of the tenants of the residential complex of that fact. 4, s. 34 - 01/01/2022. 2020, c. 16, Sched. 7, s. 1. (4) If the Board intends to view premises under clause (1) (e), the Board shall give the parties an opportunity to view the premises with the Board. 2006, c.17, s.162(1). The rental unit that is the subject of the tenancy agreement is a rental unit described in paragraph1, 2, 3 or 4 of subsection 7 (1) and the tenant has ceased to meet the qualifications required for occupancy of the rental unit. (b) in the case of a tenant or former tenant no longer in possession of the rental unit, the tenant or former tenant ceased to be in possession on or after the day subsection 18 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 (c) the landlord has not completed specified repairs or replacements or other work ordered by the Board under paragraph 4 of subsection 30 (1) for which the compliance period has expired and which relates to one or more elevators in the residential complex. the rental unit before the termination date set out in the notice without giving a notice of earlier termination or after giving a notice of earlier termination that is not in accordance with subsection 48 (3), 49 (4) or 50 (4), as the case may be, a determination of the amount of arrears of rent owing by the tenant shall be made as if arrears of rent are owing for the period that ends on the earlier of the following dates: i. the date the tenant gave notice of earlier termination, if the tenant vacated the rental unit after giving a notice of earlier termination that was not in accordance with subsection 48 (3), 49 (4) or 50 (4), as the case may be, or. (3) The landlord shall set out in the application the landlords grounds for refusing consent. iv. In most cases, the rent for a residential unit can be increased 12 months after either: the last rent increase the date the tenancy begins The landlord must give a tenant written notice of a rent increase at least 90 days before it takes effect. 2006, c.17, s.206(1). 6, s. 1. (4) On an application by a co-operative under subsection (1), the Board may include the following amounts in determining the total amount owing to the co-operative by a member in respect of a member unit: 1. (f) garbage facilities and related services, (n) security services and facilities; (services et installations). 2017, c. 13, s. 22 (5). An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit. 2013, c.3, s.31. (See: 2023, c. 10, Sched. 6. (2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be. 2006, c.17, s.122(1). At each entrance, the unit has a door which is equipped so that it can be secured from the inside of the unit. (ii) other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord, superintendent or agent having engaged in one or more of the activities listed in those paragraphs; (d) order that the landlord pay to the Board an administrative fine not exceeding the greater of $10,000 and the monetary jurisdiction of the Small Claims Court; (e) order that the tenancy be terminated; (f) make any other order that it considers appropriate. (3.1) For greater certainty, a failure to meet the requirements of clause (3) (b) with respect to a notice renders the notice void. Clarification, notice during rent freeze period. C, s. 56 (4) - 31/01/2007. (b) wilfully caused undue damage to the member unit or the residential complex where the notice of termination is based on a circumstance described in paragraph 7 of subsection 94.2 (1). 4, s. 30 (4). 4, s. 32. 2006, c.17, s.13(1). (b) in a residential complex where a non-profit housing co-operative provides housing units primarily for post-secondary students. 2006, c.17, s.123(1). 54 (1) A landlord shall compensate a tenant who receives notice of termination of a tenancy under section 50 for the purpose of repairs or renovations in an amount equal to three months rent or shall offer the tenant another rental unit acceptable to the tenant if. 201 (1) The Board may, before, during or after a hearing. 7, s. 10), i. prescribing circumstances for the purposes of subsection 36.1 (2), and. (4) If, within the six-month period after the tenants death, the executor or administrator of the estate of the tenant or, if there is no executor or administrator, a member of the tenants family claims any property of the tenant that the landlord has retained for the landlords own use, the landlord shall return the property to the tenants estate. 4, s. 21 (1-3) - 01/09/2021. 7, s. 10 - not in force. The statement shall include an assertion that, as a result of the sexual violence or the act or omission committed against the tenant or the child, the tenant believes that he or she or the child may be at risk of harm or injury, if he or she or the child continues to reside in the rental unit. (i) the living accommodation or residential complex was forfeited to the Crown in right of Ontario under any Ontario statute or the Criminal Code (Canada), (ii) possession of the living accommodation or residential complex has been or may be taken in the name of the Crown in right of Ontario under the Escheats Act, 2015, or, (iii) the living accommodation or residential complex is forfeited corporate property to which the Forfeited Corporate Property Act, 2015 applies; and. (6) A request under subsection (4) shall not be made later than 30 days after a failure of the tenant to meet a term of the order. A discount in rent at the beginning of, or during, a tenancy that consists of up to three months rent in any 12-month period if the discount is provided in the form of rent-free periods and meets the prescribed conditions. The tenant has not met one or more of the conditions described in subparagraph 2 i. (9) In a circumstance described in paragraph 10 of subsection 94.2 (1), the notice of termination shall. 2006, c.17, s.22. iv. (3) This section does not apply with respect to a tenancy if, (a) the tenancy begins on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 2020, c. 16, Sched. (a) living accommodation intended to be provided to the travelling or vacationing public or occupied for a seasonal or temporary period in a hotel, motel or motor hotel, resort, lodge, tourist camp, cottage or cabin establishment, inn, campground, trailer park, tourist home, bed and breakfast vacation establishment or vacation home; (b) living accommodation whose occupancy is conditional upon the occupant continuing to be employed on a farm, whether or not the accommodation is located on that farm; (c) living accommodation that is a member unit of a non-profit housing co-operative, except for Part V.1, and except for those provisions in other Parts that are needed to give effect to Part V.1; (d) living accommodation occupied by a person for penal or correctional purposes; (e) living accommodation that is subject to the Public Hospitals Act, the Private Hospitals Act, the Fixing Long-Term Care Act, 2021, the Ministry of Correctional Services Act or the Child, Youth and Family Services Act, 2017; Note: On a day to be named by proclamation of the Lieutenant Governor, clause 5 (e) of the Act is amended by striking out Ministry of Correctional Services Act and substituting Correctional Services and Reintegration Act, 2018.
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