Notes on Residential Landlord & Tenant Law Chapters 13-15

When an eviction order is issued, it functions like a writ of possession. This means it can be enforced similarly, invoking sheriff assistance to take possession of the premises. The sheriff charges a fee for enforcement, and common protocol involves the issuance of a written notice to vacate, providing tenants with an additional seven-day window to leave. Notably, eviction orders expire six months after their effective date unless they have been filed with the sheriff prior to expiration. If tenants leave belongings behind, landlords must keep them accessible for a limited post-eviction period before disposing of or selling them without liability.Chapter 13: The Order and Beyond

Learning Outcomes

After reading this chapter, you'll be able to:

  • Explain when and how orders are usually made.

  • Identify the awarding of costs and their implications.

  • Describe the enforcement process for an eviction order.

  • Understand how to enforce an order for the payment of money.

  • Explain the review process for an order.

  • Describe the appeal procedure to the Divisional Court.

The Order Making Process

In regular circumstances, the Landlord and Tenant Board (LTB) prepares and issues orders within a few days following the hearing's conclusion. The order is sent to all concerned parties and their legal representatives. For cases involving issues beyond rent arrears, the Board is often required to give reasons alongside the order. It is essential to note that a termination order generally cannot take effect prior to the date indicated in the notice of termination.

Costs Incurred in the Process

The Board may impose costs on a party involved in an application to compensate the other party. Generally, the respondent is ordered to cover the application fee for the successful applicant. While fees for legal representatiocn are seldom awarded, the Board may allow costs for unnecessary time wasted during hearings and inadequate preparation.

Conditions Within Orders

The Board retains the discretion to include any fair conditions within an order. These conditions should relate to the tenancy and fall within the Board's jurisdiction. For instance, an order can stipulate that a tenant must pay outstanding rent according to a specified schedule, with failure to comply leading to termination of the tenancy.

Enforcing Eviction Orders

When an eviction order is issued, it functions like a writ of possession. This means it can be enforced similarly, invoking sheriff assistance to take possession of the premises. The sheriff charges a fee for enforcement, and common protocol involves the issuance of a written notice to vacate, providing tenants with an additional seven-day window to leave. Notably, eviction orders expire six months after their effective date unless they have been filed with the sheriff prior to expiration. If tenants leave belongings behind, landlords must keep them accessible for a limited post-eviction period before disposing of or selling them without liability.

Relief from Forfeiture Post-Order

For eviction associated with unpaid rent, tenants are given a crucial opportunity to void the eviction order. This can be achieved by settling all outstanding rent and associated costs prior to the order being enforced. Moreover, tenants maintain the right to “pay and stay” throughout the enforcement process, generally receiving a ten-day grace period to settle any rental arrears.

Enforcing Payment Orders

Once the order for payment is obtained, a certified copy is sent to the sheriff for enforcement as if it were a Superior Court of Justice execution. The initial step involves sending a demand letter after filing the certified copy with the sheriff and notifying the Board.

Negotiating After an Order

Even post order issuance, there is still potential for negotiations, particularly concerning eviction orders for unpaid rent. Landlords can defer enforcing the order for up to six months while preserving their rights.

Review and Appeal Processes

You can ask the Board to review an order by submitting a written request within 30 days. Appeals can be made to the Divisional Court on legal grounds within the same 30-day window, and no prior approval is needed. Appeals must follow the Superior Court of Justice's civil procedure rules.

Chapter 14: Parting with Possession by the Tenant

Learning Outcomes

Through this chapter, you'll gain insights into:

  • Mandatory details in a tenant’s written notice of termination.

  • The distinctions between subletting and assignment of tenancies.

  • A landlord's remedies concerning unauthorized subletting.

  • Required forms for tenants terminating due to domestic violence or abuse.

  • Confidentiality provisions associated with notices for termination.

Tenant Termination Procedures

Differing from landlords, tenants are not obliged to provide a specific cause under the Residential Tenancies Act (RTA) to terminate their tenancy at its conclusion. However, they must adhere to procedural guidelines, which chiefly involve submitting a written notice of termination using Form 9. This notice must include identification of the rental unit, the intended termination date, and the signature of the tenant or their agent.

Specific Notice Periods

The notice period necessary for termination depends on the tenancy type: daily and weekly tenancies require 28-day notices, whereas fixed-term, monthly, and yearly tenancies require a 60-day notice.

Subletting and Assignment Explained

Subletting involves the tenant leasing the rental unit to a prospective tenant temporarily, with landlords needing valid reasons to refuse consent. Conversely, an assignment transfers the entire tenancy agreement to a new tenant, usually not permitting landlord refusal without just cause.

Subletting Process

When a tenant seeks to sublet, they must obtain the landlord's permission, which typically involves interviewing the proposed subtenant and conducting reference checks. The tenant remains responsible for ensuring compliance with all tenancy obligations.

Unauthorized Occupants

If a landlord discovers an unauthorized occupant, they have a 60-day window to negotiate a new tenancy or apply for eviction. Failure to take action within this timeframe results in automatic consent for the unauthorized assignment.

Chapter 15: Additional Grounds for Termination

Learning Outcomes

This chapter focuses on:

  • Additional termination grounds under the RTA.

  • Identifying the sections of the RTA relevant for abandonment claims.

  • Processes to terminate a superintendent's employment.

  • Regulations regarding evicting an overholding subtenant.

Termination Grounds

In scenarios such as unauthorized occupancy or failure to meet order conditions, landlords are empowered to file applications to terminate tenancies. Specific grounds are outlined under different sections of the RTA, guiding landlords in procedural adherence.

Conclusion

Understanding the Residential Tenancies Act's frameworks empowers both landlords and tenants to navigate complex landlord-tenant relationships effectively. Awareness of the processes, rights, and responsibilities outlined in the chapters is crucial in ensuring compliance with legal obligations and achieving fair outcomes for all parties involved.