Best Landlord & Tenant Lawyers in Aurora

About Landlord & Tenant Law in Aurora, Canada

Landlord and tenant law in Aurora, Ontario is part of the broader legal framework established by the province under the Residential Tenancies Act, 2006 (RTA). These laws govern the rights and responsibilities of both landlords and tenants in residential rental situations. The goal is to ensure fair and equitable treatment for both parties, protect tenants from unfair evictions, and provide landlords with the tools to manage property effectively. The Landlord and Tenant Board (LTB) is the specialized tribunal that handles disputes and applications under the RTA.

Why You May Need a Lawyer

Legal issues between landlords and tenants can be complex and emotionally charged. People in Aurora may seek legal assistance for many reasons, including:

• Receiving or issuing eviction notices
• Non-payment or frequent late payment of rent
• Disagreements over repairs, maintenance, or property damage
• Disputes involving security deposits and rent increases
• Claims of harassment or illegal entry by a landlord
• Ending or breaking a lease agreement prematurely
• Dealing with subletting or unauthorized occupants
• Pursuing claims for unpaid rent or property damage after a tenancy ends
• Defending against unfounded allegations or applications to the LTB
• Navigating accommodations for disabilities or other human rights concerns

Local Laws Overview

Aurora, as part of Ontario, is governed by the Residential Tenancies Act, 2006. Some key points especially relevant to Aurora tenants and landlords include:

• Most residential tenancies are covered by the RTA, but exceptions include university residences, commercial rentals, and shared accommodation with the owner.
• Landlords must provide tenants with a copy of the Ontario Standard Lease and required information.
• Rules about rent increases: Landlords can only increase rent once every 12 months, and only by the government-set guideline unless permitted otherwise by the LTB.
• Eviction can only occur for specific legal reasons and typically requires notice and a hearing at the LTB.
• Security deposits (called “last month’s rent deposits” in Ontario) can only be used for last month’s rent, not for damages.
• Both landlords and tenants have maintenance responsibilities; landlords must keep rental properties in good repair.
• Entry into a rental unit by the landlord requires proper notice (usually 24 hours).
• Special provisions apply when evicting for personal use, major repairs, or for selling the property.

Frequently Asked Questions

What are the main rights of tenants in Aurora, Canada?

Tenants have the right to a safe and habitable home, security of tenure, privacy, and protection from unlawful eviction or unreasonable rent increases. They may also request repairs and expect prompt attention to maintenance issues.

When can a landlord evict a tenant?

A landlord may evict only for reasons allowed under the RTA, such as non-payment of rent, substantial property damage, illegal activity, repeated late payment, or the landlord’s own use of the property. Formal notice and a hearing at the LTB are usually required.

How much notice must a landlord give to enter a rental unit?

A landlord must provide at least 24 hours written notice before entering a rental unit, stating the reason and the time (between 8 a.m. and 8 p.m.) unless it’s an emergency.

Can a landlord ask for a security deposit?

Ontario law allows landlords to collect a deposit equal to one month’s rent, but it can only be used for the last month’s rent, not for damages or cleaning costs.

How much can rent be increased, and how often?

In most cases, rent can be increased once every 12 months, and only by an amount set annually by the province. Landlords must give at least 90 days’ written notice of a rent increase.

What can a tenant do if repairs are not made?

If a landlord fails to perform necessary repairs, a tenant can file an application with the LTB. Tenants are encouraged to first make their request in writing and keep records of their communications.

Can a tenant be evicted for having guests?

A tenant cannot be evicted solely for having guests or visitors, as long as they do not disturb other tenants, violate the lease terms, or result in overcrowding as defined by local bylaws.

What happens if a tenant cannot pay rent on time?

If a tenant falls behind on rent, the landlord can serve an eviction notice (Form N4). If the arrears are paid within the notice period, the eviction process usually stops. If not, the landlord can apply to the LTB for an eviction order.

Are there any protections against discrimination?

Yes, both landlords and tenants are protected under the Ontario Human Rights Code, which prohibits discrimination based on race, gender, family status, disability, and other grounds.

Can a landlord ban pets?

A “no pets” clause in a residential tenancy agreement is generally not enforceable in Ontario, except in certain circumstances such as condo bylaws that prohibit pets or where animals pose a danger or cause allergies.

Additional Resources

If you need more information or support, consider the following resources and organizations:

• Landlord and Tenant Board (LTB): Provides applications, guides, and information on rights and responsibilities.
• Community Legal Clinics: York Region Community Legal Clinic offers free legal help for qualifying tenants.
• Ontario Ministry of Municipal Affairs and Housing: Offers educational materials on tenant and landlord rights.
• Ontario Human Rights Commission: Information on discrimination and accommodation in housing.
• Local government housing departments: For local bylaw information and municipal support services.

Next Steps

If you are experiencing a landlord and tenant issue in Aurora and need legal help:

• Document all communications, notices, and relevant events related to your case.
• Contact the Landlord and Tenant Board or a local legal clinic to understand your rights and options.
• If the matter is complex or you face an LTB hearing, consider consulting a lawyer with experience in residential tenancies.
• Prepare all relevant documents and evidence before seeking legal advice.
• Act promptly, as many disputes have short timelines for taking action.