June 11, 2013
As a renter, an eviction notice can threaten your lifestyle. Before something like this can even happen, you should always have a fall back plan. First, prevention is the best medicine. Always throughly check your landlord in terms of his character and his conditions to renting the apartment. Is your landlord trsutworthy and reliable? How long does the landlord intend to rent?
Second, make sure you are aware of the procedure for eviction.
For example, in Ontario,
1. If the Rental Apartment meets the conditions with the Ontario Tenant Act, then
If the rental property is on a weekly or daily tenancy, then the termination notice must be given atleast 28 days prior to the termination date and the termination date must be the last day of the rental period.
If the rental property is on monthly tenancy or any other kinds of tenancy, then the termination notice must be given atleast 60 days prior to the termination date and the termination date must be on the last day of the rental period.
If the contract has expired, the tenant can choose to terminate the agreement for any reason. The landlord CANNOT terminate the agreement for any reason even after the lease has expired. Valid reasons includes a family member is moving into the rental property, the rental property has been sold or landlord needs it for their own use. Landlords often attempt to terminate relationship if they do not like the tenant. However, not liking a tenant is not valid reason for termination. Tenants can claim termination was done in bad faith.
Disputing Termination: Some key points to know
1. After the termination notice, the tenant can still chose to dispute the notice if the tenant believes it was done in bad faith.
2. The landlord cannot take matters in his own hands and change the locks on the rental premises or move the tenant's items out.
3. At the point of dispute, the rental agreement continues as it is. The tenant must continue to provide rent.
4. The landlord can only apply to the Board and the Board will give the landlord a notice of hearing.
Rental Contract: The only condition in the rental contract is that if the rental property meets the Residential Tenancies Act, then the contract cannot violate the Residential Tenancies Act. Other than that, there is no set standard to the rental contract.
2. If the Rental Apartment does not meet the conditions of the Ontario Tenant Act, then Social law applies
If the rental property does not meet the conditions of the Residential Tenancies Act., then Social Law applies. In Social Law, it is matter of common sense and putting everything in writing into the Rental Contract. In Social Law, it is acceptable for the Landlord to lock the rental premises. It is acceptable for the Landlord to move the renter's items. One thing the tenant can do is request to agree to follow the Ontario Residential Tenancy Act. and put it in the Rental Contract. Always make sure you have a rental contract.
Check with your own province to make sure you are aware of all your options.
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