If you have to move out, the LTB eviction order will include a date you have to move out by. The decision is made as quickly as possible, sometimes even on the day that you file your request. If you use the paper form, you can file it in person or by fax or mail. A landlord who follows the rules in the Residential Tenancies Act, 2006 (RTA), and gets an eviction order from the Landlord and Tenant Board (LTB), can go to the sheriff to have you removed from your unit and get the locks changed if you don't leave. We were there from the very beginning when a small landlord reached out for help all the way to the “Tenant From Hell” finally being evicted from the house of her last landlord and then moving out. When you file the completed application, LTB staff will schedule a hearing. You can get this application and the instructions on how to complete it at tribunalsontario.ca/ltb/forms, at any LTB office, or by phoning us at the numbers below. They can’t do both. I send them the link to the appropriate Ontario Landlord & Tenant Board brochure. You gave your landlord a notice to end your tenancy and the notice said you would move out. If you are a commercial tenant and are unsure of your obligations when moving out, you should consult a lawyer. It is a little understood loophole in Ontario tenancy laws, but one so potent that it can put tenants out on the street with little recourse. In your request, you can also ask the LTB to make an interim order which would prevent the landlord from renting the unit to anyone else before the hearing is held. To change the locks, the landlord is required to wait 16 days after the rent was due. One of the first things I do when I buy a property is to get … Prior to exercising any available remedies under a commercial lease in Ontario for non-payment of rent, landlords who have not applied for CECRA will have to determine whether they and the applicable tenant qualified for relief provided by CECRA and if they did, then the landlord will be stopped from exercising its remedies as against such qualifying tenant for non-payment of rent. However, sometimes a landlord will change the locks without getting an LTB eviction order. She is completely wrong here. The legislation applies to businesses that are eligible for federal/provincial rent assistance (CECRA) and restricts evictions for non-payment of rent from May 1, 2020 until August 31, 2020. If a tenant locked themselves out frequently, I would consider adding a nominal lockout fee or changing to the deadbolt only system. Your landlord gives you a notice to end your tenancy. Once you have given the landlord their copy, you must file a completed Certificate of Service with the LTB, explaining how and when you gave these documents to the landlord. Guide to the landlord and tenant law, Ontario's Residential Tenancies Act and the regulations of the Ontario Landlord and Tenant Board. If the LTB orders your landlord to let you move back into your unit and your landlord does not obey the order, you will need to have the order enforced. It is important that you give the landlord (or their representative) copies of both the Notice of Hearing and the application right away; the same day if possible. Commercial landlords across Toronto and Ontario will soon be permitted to lock out small business owners who did not pay their rent this month. For example, if you don’t pay your rent 16 days after the rent is due, your landlord can, without notice, end your tenancy by changing the locks on the rental unit and evicting you. Yesterday was the third time I was called by the same tenant that he once again locked himself out of the house. Log in or sign up to reply Posts 8; Votes 4; Terrence Arth. ... then the Sheriff can have the locks changed but the landlord can not do it themselves. A tenant shall not alter the locking system on a door giving entry to a rental unit … Give the second copy to your landlord. 20. Email: info@torkinmanes.com. I do go out of my way to create a pleasant situation for everyone, it’s just easier…but I can assure you that I almost never reschedule an appointment because the current one is not “convenient” for the current tenant. One way to reduce tenant lockouts is to have a deadbolt with a key, not a locking door knob. Fill out the Application about Tenant Rights (Form T2). Once another tenant is living in the unit, the LTB cannot order the landlord to let you back in. Staff will give you two copies of the Notice of Hearing and two copies of your application. This is a legal eviction. I would call her and tell her that she owes whatever portion of the rent she deducted, and if she does not pay with her next months rent (I am being nice here, you could tell her she needs to pay in 3 days) this amount, you will be forced to start eviction proceedings. As we were on holiday the first time and out for the evening the second this has involved a great deal of disruption for both us and them in organising the use of our spare key. Tenants' rights and responsibilities when moving out Region: Ontario Answer # 452 ... a tenant is generally required to leave the rented premises in the same condition as it was when they moved in minus reasonable wear-and-tear. An LTB member will decide whether or not to give you an earlier hearing date. If you want to dispute the application, you must come to the hearing. 151 Yonge Street, Suite 1500, Toronto ON M5C 2W7, Reception: 416 863 1188 If your tenant is locked out of their rental and you aren’t available, they will most likely find an alternative way to get back inside. Receive Blog Posts. replied over 5 years ago Once the LTB member (adjudicator) has heard what you and your landlord have to say, they will consider the evidence and arguments and issue an order. If you don't leave by the date in the notice, the landlord files an application with the LTB for an eviction order. You will need to act quickly. If the landlord claims to have just brought the property, then ask them for the details of the solicitors they used, and after checking that the solicitors are valid, give them a ring to confirm.