LANDLORDS’ EVICTION

A landlord may evict a tenant under the Tenant Protection Act for the following:

  • For non-payment of rent;
  • Illegal Act or misrepresentation of income;
  • Impaired safety;
  • The landlord in good faith requires possession of the rental unit for the purpose of residential occupation by the landlord, the landlord’s spouse or child or parent of one of them;
  • The tenant has persistently failed to pay rent on the day that it becomes due and payable;
  • The tenant or person whom the tenant permits in to a residential complex willfully or negligently causes damage to the rental unit or the residential complex;
  • The conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant is such that it is substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or another tenant or substantially interferes with another lawful right, privilege or interest of the landlord or another tenant;The above said are only what — of reasons why the landlord can commence proceedings under the Tenant Protection Act to evict tenants.

THE LANDLORDS RESPONSIBILITY TO REPAIR

The landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. A tenant or former tenant of a rental unit may apply to a tribunal for an order determining whether a landlord has breached its obligations. No application may be made more than one year after the day of the alleged conduct to the application occurred. If the tribunal determines that the landlord has breached its obligations, the tribunal may order an abatement of rent, or repair to be made or that the cost of repairs be paid by the landlord to the tenant.

WHEN TO FILE A T1

You have the right to file a T1 if the landlord increased the rent illegally that is or has withheld your rent deposit. For example, Usually, a tenant gives the last month of rent in the agreement as security. That deposit is to be treated as your last month’s rent, and the landlord doesn’t have the right to ask for the last month rent in addition to the deposit.

WHEN TO FILE A T2

As a tenant, you can file a T2 if the landlord illegally entered the unit, harassed or coerced you in any way or interfered in the reasonable enjoyment of rental unit.  You could file the form if the landlord did not give 72 hours after the sheriff has evicted you.

In any scenario, the landlord doesn’t have the right to enter your unit, or he can be charged with harassment. Prior permission is needed even if he is coming for inspection or giving you a letter.