INDUSTRY ARTICLES


Changes to the Tenant Protection Act

Article by Jan Schwartz

The following information explains some of the changes to the Tenant Protection Act (TPA) that have come into effect as a result of the Red Tape Reduction Act, 2000. For information about all the changes and to know eactly what the law says, you should read the amended TPA.

A number of amendemnts have been made to the Tenant Protection Act in the Red Tape Reduction Act, 2000. Many of the amedments clarify existin rules in the TPA; other amendments have added new rights for landlords or tenants and change how the law applies.

Some of the amendments include:

  • A tenant can apply for compensation for their costs related to repairing or replacing property that was damaged or disposed of and/or reasonable out-of-pocket expenses the tenant has incurred or wil incur because:
    the landlord failed to repair or maintaing the rental unit;

    the landlord, landlord's agent or the superintendent interfered with the Tenant's rights (for example, illegally entered the rental unit, withheld a vital service, etc.)
  • A ten day termination notice and a faster eviction process where a tenant is involved in certain types of illegal drug activity.
  • A tenant who has been illegally locked out of their rental unit by the landlord can apply to Tribunal for an oder requiring the landlord to let them regain possession of the unit.
  • A landlord who owns condominium units that are rented out can give a notice of termination to a tenant because a purchaser, or a member of the purchaser's immediate family, wants to move into the unit, regardless of the number of units the landlord owns.
  • Eviction orders will expire six months after they take effect if the oder is not filed with the Sheriff within those six months.
  • The Tribunal can refuse to accept an application or stop processing an application that has been filed if the application owes month to the Tribunal as a result of an unpaid fee, a fine or costs which they were previously ordered to pay.
  • A new process allowing the Tribunal to issue an order confirming that a tenant has paid to the landlord, or in part to the landord and in part to the Tribunal, the amount required to void a termination order for arrears of rent.
  • Clarification that a person who is not recognized by the landlord as a tenant but shares a rental unit with a tenant and pays rent to the tenant is not a "subtenant" as defined by the TPA.

The amendments to the Tenant Protection Act take effect July 16, 2001

 

For More Information:

Ontario Rental Housing Tribunal at 1-888-332-3234
or visit their web site at www.orht.gov.on.ca


Back to Articles Menu