2010, c.8, s.39 (1). (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 21 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 (b) no later than one year after the tenant or former tenant ceased to be in possession of the rental unit. 2006, c.17, s.43(2). 241.3 (1) The Lieutenant Governor in Council may make regulations governing transitional matters that, in the opinion of the Lieutenant Governor in Council, are necessary or advisable to deal with issues arising out of the amendments to this Act made by Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020. 2017, c. 13; 2017, c. 14, Sched. 2006, c.17, s.127. 2010, c.8, s.39 (1). The guideline for a calendar year shall be not more than 2.5 per cent. 2006, c.17, s.109(2). 211 The Board is entitled to appeal a decision of the Divisional Court on an appeal of a Board order as if the Board were a party to the appeal. 2006, c.17, s.110. (3) A landlord may charge a tenant only for the landlords reasonable out-of-pocket expenses incurred in giving consent to a subletting. (a) by hand delivering it to the Board at the appropriate office as set out in the Rules; (b) by sending it by mail to the appropriate office as set out in the Rules; or. 4, s. 33. (2) On the application, the Board shall make findings on the issue as prescribed and shall make the appropriate order. (3) A notice under subsection (1) to terminate a yearly tenancy or a tenancy for a fixed term shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period of the tenancy. 73.1 (1) If the landlord compensated the tenant under section 48.1, 49.1, 52, 54 or 55, as the case may be, in connection with a notice of termination under section 48, 49 or 50 and the Board refuses to grant an application under section 69 for an order terminating the tenancy and evicting the tenant based on the notice, the Board may order that the tenant pay back the compensation to the landlord. (2) In a circumstance described in paragraph 3 of subsection 94.2 (1), the notice of termination shall. (b) the landlord shall not require the tenant to pay rent. (6) If the Board finds that the landlord is entitled to an order under subsection (1), the Board may make an order terminating the tenancy and evicting the tenant. 2006, c.17, s.109(1). 94.4 (1) In a circumstance described in paragraph 1 or 2 of subsection 94.2 (1), the notice of termination shall provide a termination date not earlier than the 60th day after the notice is given and the termination date shall be on the last day of a period of occupancy. The rent increase shall take effect on the date set out in the notice, subject to subparagraph ii. 2013, c.3, s.31. 157 (1) This section applies if a tenancy agreement with respect to a mobile home contains a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord. (2) A landlord or, with the written authorization of a landlord, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry to allow a potential purchaser to view the rental unit. 2020, c. 16, Sched. 2006, c.17, s.104(3). If the settlement or order requires the tenant to pay some or all of the arrears of rent, the amount of any additional arrears of rent arising after the date of the settlement or order. ii. 48.1, 49.1, 52, 54 or 55, Security of tenure, severance, subdivision, Former tenants application where notice given in bad faith, Former tenants application, failure to afford tenant right of first refusal, Notice at end of term or period, additional grounds, Notice by Landlord Before End of Period or Term, Termination for cause, misrepresentation of income, Termination for cause, damage, shorter notice period, Termination for cause, reasonable enjoyment, Termination for cause, reasonable enjoyment of landlord in small building, Termination for cause, act impairs safety, Notice of termination, further contravention, Application by Landlord After Notice of Termination, Landlord or purchaser personally requires premises, Compensation under s. 48.1, 49.1, 52, 54 or 55, Application by Landlord No Notice of Termination, Application based on previous order, mediated settlement, Arrears of rent when tenant abandons or vacates without notice. 195 (1) Where the Board considers it appropriate to do so, the Board may, subject to the regulations, (a) require a respondent to pay a specified sum into the Board within a specified time; or. receives Royal Assent; and. 2013, c.3, s.31. 4, s. 38 (3)). (a) two or more applications are combined under section 186 in the application; (b) the application is made by more than one tenant under subsection 186 (2); or. 2006, c.17, s.131(3). (4) The Board shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of residential occupation, demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 48.1, 49.1, 52, 54 or 55, as the case may be. 5, s. 5. 2. 19 The doctrine of frustration of contract and the Frustrated Contracts Act 4, s. 17 (3). the amount of NSF cheque charges payable to the landlord under the terms of the settlement, iv. (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. (3) A subtenant may apply to the Board for an order under subsection (1) as if the subtenant were the tenant and the tenant were the landlord. 4, s. 21 (1-3) - 01/09/2021. (b) the interest payable in respect of the period commencing on or after the day this subsection comes into force shall be based on the rate determined under subsection (6). 2023, c. 10, Sched. (2) Subsection (1) does not apply to an application made under Part V.1. (b) the unit has been previously purchased since that registration, but not together with any other units. (2) If a tenant asks a landlord to consent to an assignment of a rental unit, the landlord may, (a) consent to the assignment of the rental unit; or. (8) If a request to reopen is made under subsection (4), the Board shall not proceed to hear the merits of the application unless the Board is satisfied that the tenant failed to comply with a term of the order. 219 (1) If a landlord does not provide a vital service for a rental unit in accordance with a vital services by-law, the local municipality may arrange for the service to be provided. 4, s. 25 (2). 45 Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy, (a) by giving the tenant a notice of rent increase; or. 2020, c. 16, Sched. 2006, c.17, s.25. 2020, c. 16, Sched. 7, s. 7 - not in force. 46 (1) A notice of termination becomes void 30 days after the termination date specified in the notice unless, (a) the tenant vacates the rental unit before that time; or. 2016, c. 2, Sched. (a) subsection 74 (4) shall be read as if and at the end of clause (d) were struck out, and with the following additional clause: (d.1) the amount of unpaid housing charges, other than any refundable amounts, payable by the member as allowed by the Board in an application by the co-operative under section 94.14; and. 2006, c.17, s.74(12). 171 One member of the Board is sufficient to conduct a proceeding under this Act. 2016, c. 25, Sched. (1) This section applies with respect to an amount that a landlord charges a tenant under the terms of a written agreement for any prescribed services and facilities or any prescribed privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the site for a mobile home. The contract may also include other terms and rules. 2006, c.17, s.12(3). 4, s. 2. 2006, c.17, s.233; 2016, c. 2, Sched. The total cost of the utility for the building for the prescribed period for which the landlord has information on the cost of the utility. 2006, c.17, s.95(9). 4, s. 9 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 27 (2) of the Act is amended by striking out Real Estate and Business Brokers Act, 2002 and substituting Trust in Real Estate Services Act, 2002. (2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred. The tenant's last month of rent may be collected as a deposit, but it is not to be used in paying for damages to the property. 2006, c.17, s.230(2). 2017, c. 13, s. 2. 2016, c. 2, Sched. 2006, c.17, s.57(2). 2006, c.17, s.201(1); 2013, c.3, s.44; 2016, c. 25, Sched. 2006, c.17, s.95(7). 2006, c.17, s.74(4). 4, s. 26. The bulletin board is provided to all tenants in the mobile home park free of charge. 2006, c.17, s.27(2). 21, s.11(7). (9) If a suite meter is installed in respect of a rental unit and the obligation of the landlord to supply electricity has been terminated, the landlord shall, in accordance with the prescribed rules. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57.1 (3) of the Act is repealed and the following substituted: (See: 2023, c. 10, Sched. 3, s. 3 (2) - 04/05/2011, 2016, c. 2, Sched. 2006, c.17, s.141(1). 2018, c. 17, Sched. part x mobile home parks and land lease communities. (i) the member did not give written notice of his or her intention to terminate his or her membership and occupancy rights under section 171.8.1 of the Co-operative Corporations Act or the member withdrew the notice of intention to terminate with the consent of the board of directors. (b) jointly with some but not all of the other joint tenants. 181 (1) The Board, subject to the approval of the Minister, may set and charge fees. Part 1: Sections of the standard lease When complete, the standard lease [known by its legal name as the Residential Tenancy Agreement (Standard Form of Lease) / Convention de location usage d'habitation] creates a contract between the landlord and tenant for most residential tenancies. (c) neither the landlord nor the tenant applies to the Board under section 101 within 60 days after the end of the subtenancy for an order evicting the subtenant. The interest has been consistently added to your deposit to keep pace with your current rent. iii. 2. (5) A tenant who gives notice under subsection (2), (3) or (4) which specifies that the termination is to be effective on the last day of February or the last day of March in any year shall be deemed to have given at least 60 days notice of termination if the notice is given not later than January 1 of that year in respect of a termination which is to be effective on the last day of February, or February 1 of that year in respect of a termination which is to be effective on the last day of March. 2012, c.6, s.1. specify whether the sexual violence or the act or omission is alleged to have been committed against the tenant or a child residing with the tenant. 65. prescribing time requirements that cannot be extended or shortened for the purposes of subsection 190 (2); 66. restricting the circumstances in which the Board may, under section 195, require a person to make a payment into the Board; 67. fixing the rate of interest to be paid on money paid to the Board in trust; 68. prescribing forms of housing assistance for the purposes of clause 203 (b); 68.1 prescribing restrictions for the purposes of subsection 206.1 (2); 69. prescribing an amount for the purposes of subsection 207 (4); 70. governing electronic documents for the purposes of section 213, including specifying the types of documents that may be dealt with electronically for the purposes of that section, regulating the use of electronic signatures in such documents and providing for the creating, filing, providing, issuing, sending, receiving, storing, transferring and retaining of such documents; 71. prescribing an amount for the purposes of subsection 214 (1); 72. prescribing maintenance standards for the purposes of section 224; 73. prescribing circumstances for the purposes of clause 224 (1) (b); 74. 143 A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements or guidelines set by the landlord. 2006, c.17, s.72(2); 2021, c. 4, Sched. 2006, c.17, s.2(3). (3) The notice of termination under subsection (1) is void if the tenant, within seven days after receiving the notice, stops the conduct or activity or corrects the omission. (a) the landlord charged tenants a portion of the cost of a utility before the capital expenditure was made; (b) the capital expenditure failed to promote the conservation or more efficient use of the utility; and. 2006, c.17, s.115(5). (b) the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase. 2006, c.17, s.205(3). 2020, c. 16, Sched. 7, s. 6 (1)). (9) If the Board makes an order terminating a tenancy under paragraph 1 of subsection (8), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. 2023, c. 10, Sched. 2006, c.17, s.195(3). 2006, c.17, s.157(4). (4) For greater certainty, a reasonable inspection by a landlord for the purpose of determining compliance with paragraph 3, 4 or 5 of subsection (3) is a circumstance for which a landlord may enter a rental unit under paragraph 4 of subsection 27 (1) of the Act. (iv) all items referred to in clause (12.1) (a) have been completed, if a finding was made under that clause, (v) all items referred to in clause (12.1) (b) have been completed, if a finding was made under that clause, and. 2020, c. 16, Sched. The guideline for 2013 was 2.5%, and for 2014 it is 0.8%. Welcome to the new e-Laws. (ii) the address of the rental unit in respect of which the notice was given, (iii) the identity of the intended occupant in respect of whom the notice was given if the notice was given under section 48 or 49, and. 4, s. 18 (4). Rent Increase and Last Months Rent : r/PersonalFinanceCanada - Reddit 2006, c.17, s.114(2). (2) Subsection 5.1 (2) of the Statutory Powers Procedure Act does not apply with respect to an application under section 132 or 133 or an application solely under paragraph 1 of subsection 126 (1). 2006, c.17, s.95(8). (3) Any person who knowingly attempts to commit any offence referred to in subsection (1) or (2) is guilty of an offence. 135 (1) A tenant or former tenant of a rental unit may apply to the Board for an order that the landlord, superintendent or agent of the landlord pay to the tenant any money the person collected or retained in contravention of this Act or the Tenant Protection Act, 1997. 5. 4, s. 4. 2006, c.17, s.42(4). The member gave notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act. 2006, c.17, s.242(6). (7) Despite subsection 168 (2), the re-enactment of subsections (1) and (3) by subsection 18 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 4, s. 30 (3). (2) If the period of a daily, weekly or monthly tenancy ends and the tenancy has not been renewed or terminated, the landlord and tenant shall be deemed to have renewed it for another day, week or month, as the case may be, with the same terms and conditions that are in the expired tenancy agreement and subject to any increases in rent charged in accordance with this Act. 2006, c.17, s.126(9). 2016, c. 25, Sched. 2013, c.3, s.31. The agreement must state that the provider of the living accommodation intends that the living accommodation be exempt from this Act and must also state that the occupant may apply to the Board under section 9 of this Act for a determination of whether this Act applies with respect to the living accommodation. 2020, c. 16, Sched. D. services intended to support life skills development. 2006, c.17, s.191(2). 2006, c.17, s.111(4). (c) the Board believes it would be appropriate to deal separately with different matters included in the application. 2020, c. 16, Sched. (b) provide, in any order made under subsection (10), that the rent charged for the rental unit shall not be increased pursuant to the order until the Board is satisfied, on a motion made by the landlord within the time period specified by the Board, on notice to the tenant of the rental unit, that. The member, another occupant of the member unit or a person whom the member permits in the member unit or the residential complex wilfully or negligently causes undue damage to the member unit or the residential complex. (b) the additional regular monthly housing charges that would have been due as at the date of payment by the member had notice of termination not been given. They can make an oral agreement to end the tenancy, but it is best to have a written agreement. 2020, c. 16, Sched. (2) Subsection (1) does not apply with respect to a notice based on a tenants failure to pay rent. 2016, c. 2, Sched. 3. (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.
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