What tenants need to know in the winter
For this month's edition, we took a look at the weather radar. Although winter was a bit slow coming to southern Ontario, for much of the province it's well underway. If you work with tenants, here is some important information about the law in the winter.
Tenants can be evicted in the winter
There is a popular belief that landlords are not allowed to evict tenants in the winter. As much as that might make sense, that is not the law in Ontario.
Tenants can be evicted at any time of year - but only for certain reasons listed in the Residential Tenancies Act, such as not paying rent or illegal activities. If the tenant disputes the eviction then the landlord must prove the reason at a hearing before the Landlord and Tenant Board.
Role of the Landlord and Tenant Board
If the landlord succeeds in proving the reason, the Board is still required to take "all the circumstances" into account before deciding whether or not to evict the tenant. So, for example, at this time of year, if the person has nowhere to move to, the Board should consider the fact that it is winter.
But after taking everything into account, the Board must decide whether letting the tenant stay would be fair to the landlord. This is usually a very hard thing to convince the Board of, especially if they've concluded that the tenant cannot pay the rent or is doing something that affects the safety of other tenants.
|
Note: Some tenants are not protected by this law, for example, those who have to share kitchen or bathroom facilities with the owner or the owner's immediate family. In those cases, the landlord does not need a reason to evict and they do not have to prove anything to the Board. All they have to do is give the tenant "reasonable" notice to move out.
|
Landlords need to keep rental units warm enough
Almost as bad as being evicted in winter, is not having enough heat.
Fortunately, the law does give tenants rights in this area. It says that a landlord is responsible for keeping a rental unit "in a good state of repair and fit for habitation" as well as in line with all health, safety, and housing standards. That certainly means there must be a properly working heating system that can keep the unit warm enough.
Local heat bylaws
The details are usually set in local bylaws. As an example, the City of Toronto bylaw says the heating system must be able to heat the rental unit to at least 21 degrees Celsius, from September 15 to June 1. The City of North Bay requires the same temperature for the period September 1 to June 1. The rules may be slightly different across the province.
A municipal property standards or bylaw department, city hall, municipal office, or local councillor, will have information about whether there is a local heat bylaw.
If there is no local heat bylaw, the provincial standard applies. It sets a minimum temperature of 20 degrees Celsius at all times of the year.
Where to get help
CLEO's Rental Housing Guide has a comprehensive list of places tenants can go for more information and help if they are having problems with their landlord. This includes information about finding local community legal clinics and housing help centres, and the province's Investigation and Enforcement Unit.
|
