An Introduction to Basic Landlord Rights

June 29, 2021

Collecting a rent deposit

When collecting a rent deposit, the amount cannot be more than what is due for that rent payment period (e.g., one month's rent, or if rent is paid weekly, one week's rent). The deposit must be used as the rent payment for the last month or week of the tenancy. The landlord cannot use these funds for any other reason, such as to pay for damages. A landlord must pay interest on the deposit every year. The residential tenancies act determines the interest with the information on the rate provided by the landlord and tenant board.

rent increases

According to the Landlord and Tenant Board (LTB), a landlord in Ontario can only increase the rent once every 12 months and the percentage is based on the consumer price index. This guideline changes every year. Any rent increases must be provided in writing using the proper N1 form to the tenant.

Landlords will not need to get any approval if they want to increase the rent by the set guideline, but the landlord does require LTB approval to increase it by more than the guideline. This additional increase is usually only approved for three reasons:

  1. The landlord has incurred significantly higher costs due to municipal taxes and charges
  2. The landlord has an increase in operating costs for security services carried out by individuals who do not work for the landlord
  3. The landlord made significant renovations or repairs, also known as capital expenditures

be familiar with who is living in your unit

The landlord should know who has tenant rights and who is living in the unit during the lease term. The landlord only has an obligation toward the tenant named on the signed lease in the formal agreement. Without the landlord's knowledge, a tenant cannot sub-lease a room in the unit and collect a share of the rent.

If your looking to find the perfect tenant for your unit, make sure you reach out to our team here at Solace Solutions to find out more on how our services help landlords like yourself find their ideal tenants as fast as possible!

landlord rights & responsibilities for entering a unit

Landlords cannot enter the property without permission from the tenant unless there is an emergency such as a flood or fire. In addition, landlords can only enter the property without written notice if the tenant provides consent or if a care home tenant has a written agreement that they can enter to check in on the condition of the tenant.

Landlords’ standard allowed time to enter the property is between 8 am to 8 pm and they must provide 24 hours written notice of the approximate time they will be there and for what reason. Some potential causes can include:

  • To inspect the property
  • To make any repairs
  • To have a mortgage or insurer view the property
  • To allow any prospective purchasers to view the property
  • For any other reasons that are allocated in the rental agreement

how to end a tenancy

At the end of the lease, the tenant may renew the lease agreement if it is permissible or to move out. When the tenant is moving out there are two things that need to be done: a notice and a move out inspection.

If the landlord is ending the tenancy, the landlord will inform the tenant with a notice of termination. If a tenant is ending the tenancy, they must give the landlord a notice of intent to vacate. The reason for a notice is to guarantee that the landlord receiving the notice has enough time to find a new tenant or, from the tenant's perspective, find a new apartment or home.

The purpose of a move out inspection is to document the condition of the property after the tenancy. The inspection is then compared to the initial residential rental inspection to decide if the tenant damaged any aspects of the property and if the landlord can use some or all of the initial damage deposit for repairs.

evictions

Landlords do have the right to forcefully evict a tenant after refusal to move out after previous requests, but only if the decision is deemed reasonable and approved by the officiating body in Ontario being the landlord-tenant board.The first steps are for the landlord to apply for an eviction order with the board. Once the eviction order is approved, the next step is to provide the tenant written notice with forms provided from the landlord-tenant board. In some circumstances, a tenant may refuse to move out by the date stated in the eviction notice, in this case the landlord can contact the landlord-tenant board to forcefully remove the tenant by a court mandated order enforced by the sheriff’s office. Both the landlord and tenant have a right to attend a hearing to decide if the tenancy ought to end. Solace Solutions services help ensure that you receive an excellent tenant so that it does not have to come to this situation.

A review of the rights every landlord has

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