Programs & Services > Social Reform > Housing
Qs & As on Housing Issues
By Liyu Guo, Social Reform Unit
Question #1:
Is it true that my landlord owes me 6% interest on my last month's rent deposit?
Answer: Your landlord is required to pay you 6% interest once a year on your rent deposit. If your landlord doesn't pay you this interest each year by your anniversary date, you have the right to deduct it directly from your next rent cheque. In 1999 a landlord was convicted of failing to pay the interest on the last month's deposit and was fined $2,000.
Make sure you put your request for the last month's rent deposit interest in writing before you deduct it from your rent. In your letter to the landlord, make reference to Section 118 part (6) & (7) so they know what part of the Tenant Protection Act allows you to make an automatic deduction. (Source: The Tenant, March 03 by Federation of Metro Tenants' Association)
Question #2:
Can the landlord ask for an increase on my last month's rent deposit?
Answer: Your landlord can ask for an increase on your rent deposit each time the rent increases, in an amount that will bring your deposit up to the level of your new rent. Some landlords may deduct the increase in the rent deposit (for example 2.9% based on the 2003 guideline) from the 6% interest they owe you.
Question #3:
I am on a one-year lease that ends in Oct.
2003. I am being relocated to Vancouver and want to break my lease.
Can I give a 60-day notice?
Answer: Tenants cannot give a 60-day notice if they have signed a lease. The only way to get out of the lease is to assign the residential unit. An assignment occurs when a tenant permanently leaves their apartment and gives up their rights and responsibilities to another person.
A landlord can refuse to let you assign your tenancy. If the landlord refuses to let you assign your tenancy, he/she must have a good reason to turn down a particular person. You can apply to the Tribunal in a dispute over the landlord's decision. Fill out form A2-Application about a sublet or assignment.
If your landlord refuses to let you assign the unit, you can then give a 30-day notice and move out without further responsibility.
Question #4:
Can the landlord ask for an increase on my last month's rent deposit?
Answer: Your landlord can ask for an increase on your rent deposit each time the rent increases, in an amount that will bring your deposit up to the level of your new rent. Some landlords may deduct the increase in the rent deposit (for example 2.9% based on the 2003 guideline) from the 6% interest they owe you.
Questions regarding
evictions:
Question #5:
What is the eviction situation now in Ontario?
Answer: In 2001, 60,853 province-wide landlord applications to evict tenants were filed with the Tribunal. The Tenant Protection Act (TPA) was designed to process evictions more quickly than the previous legislation. Tenants must be aware that if they find out the landlord is starting the process to evict, they must act quickly to protect their rental homes.
However, there still is a process for evictions and there still must be valid reasons for a landlord to legally evict a tenant.
Question #6:
What are unlawful evictions:
Answer: The TPA clearly states that a landlord cannot evict you from your rental apartment or house, unless the Tribunal has authorized the eviction. Such evictions are carried out by the Sheriff's office. You cannot lawfully be evicted directly by the landlord.
Question #7:
How to act quickly for tenants facing a
potential eviction?
Answer: If your landlord applies to the Tribunal to terminate your tenancy, you MUST tell the Tribunal IN WRITING within five days of receiving a copy of the application that you plan to dispute the application. If you don't tell the Tribunal this IN WRITING, there will be NO HEARING and the landlord will be quickly granted an eviction order (usually called a default order) by the Tribunal. (Source: The Tenant's Survival Manual by the Federation of Metro Tenants' Associations, 2003)
More info on this topic and other related issues to follow in upcoming FST News. So stay tuned.
Tip of the Month:
Please keep the Tenant Hotline # 416-921-9494 handy if you have any questions about tenants' legal rights or other tenant-related issues. Run by the Federation of Metro Tenants' Association, The Tenant Hotline is available Monday to Friday, 8:30 am to 6:00 pm. You can also e-mail them at: hotline@torontotenants.org
