Are you a residential property landlord? Did you know that if you are attempting to evict a tenant for non-payment of rent, the Board permits the tenant to raise any issue that could be the subject of an application made by the tenant under the Residential Tenancies Act? S.O. 2006, c. 17, s. 82 (1)
What does this mean? This means that if you are evicting a tenant for non-payment of rent, and you have filed the appropriate paperwork (Form L1) you need to make sure that you have lived up to your responsibility as a landlord as outlined in the Act. Below are just a few examples of issues which a tenant may raise during an eviction for non-payment of rent:
● If you have collected illegal rent or charges
● If you have entered the rental unit or changed the locks without giving replacement keys
● If you have interfered with the tenant’s reasonable enjoyment of the rental unit i.e. harassment
● If you have discontinued a service or a facility
● If you have not properly maintained or repaired the unit or the residential complex
The short lesson is this—although the tenant does have obligations, as the landlord, you do as well. If you have not met your obligations you may have difficulty getting an eviction at the Landlord Tenant Board regardless of the how much the tenant may owe.