
Best Landlord & Tenant Lawyers in Etobicoke
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List of the best lawyers in Etobicoke, Canada

About Landlord & Tenant Law in Etobicoke, Canada
Landlord & Tenant law in Etobicoke, part of Toronto, Ontario, is governed by provincial legislation, mainly the Residential Tenancies Act, 2006 (RTA). This law sets out the rights and responsibilities of both landlords and tenants when it comes to residential rental housing. Whether you are renting an apartment, house, or condo, these rules apply to most rental arrangements. The law is designed to protect both parties, ensuring safe, fair, and equitable rental practices throughout the city.
Why You May Need a Lawyer
While many rental issues can be resolved directly between landlords and tenants, there are situations where legal help becomes important. Some common reasons you might need a lawyer include: - Unlawful eviction or lockouts - Issues with unpaid rent or damages to the property - Disputes over lease terms and conditions - Allegations of illegal rental units or violations - Concerns about repair and maintenance obligations - Discrimination or harassment by a landlord or tenant - Enforcing or opposing a notice to terminate the tenancy - Landlord entering the property without proper notice A lawyer can explain your rights, prepare legal documents, represent you at the Landlord and Tenant Board, and help you navigate complex situations.
Local Laws Overview
In Etobicoke, the main law that governs landlord and tenant matters is the Residential Tenancies Act, 2006. The Act outlines rules about rent, rent increases, deposits, evictions, repairs, maintenance, privacy, and entry. Some of the most important aspects include: - Rent Increases: Landlords must follow provincial guidelines for raising rent and give proper notice. Rent increases can only occur once every 12 months. - Evictions: Tenants can only be evicted for specific legal reasons, such as non-payment of rent, serious damage, illegal activity, or if the landlord requires the unit for personal use. Proper notice and, often, a Landlord and Tenant Board hearing are required. - Repairs and Maintenance: Landlords must maintain the rental property in a good state of repair. Tenants are responsible for keeping the unit clean and not causing damage. - Privacy: Landlords must provide at least 24 hours written notice to enter a rental unit, except in emergencies. - Securities & Deposits: The only deposit allowed is for last month's rent; security or damage deposits are not legal. - Lease Agreements: While leases can be written, oral, or implied, as of 2018, standard lease forms are required for most new tenancies in Ontario. Local Etobicoke bylaws, such as licensing, fire, and building codes, may also apply to rental units, especially multi-unit or basement apartments.
Frequently Asked Questions
What can I do if my landlord is not making necessary repairs?
You should first notify your landlord in writing about the repair issue. If the problem is not resolved, you can file an application with the Landlord and Tenant Board to order repairs or seek compensation.
How much notice does my landlord need to give before increasing the rent?
Landlords must provide at least 90 days written notice before increasing rent and can only increase rent once every 12 months, in accordance with Ontario’s rent increase guideline.
Can a landlord ask for a security deposit?
No. In Ontario, landlords can only request a deposit for the last month’s rent, not a security or damage deposit.
Can I be evicted without warning?
No. Except in rare emergency circumstances, landlords must provide proper written notice specifying the reason for eviction, and tenants usually have the right to a hearing at the Landlord and Tenant Board.
What happens if I cannot pay my rent on time?
If you miss rent, your landlord can give you a formal notice (N4). If you do not pay within the specified time, the landlord can apply to the Landlord and Tenant Board to evict you. It’s crucial to communicate with your landlord immediately if you’re having trouble paying rent.
Is my landlord allowed to enter my apartment without notice?
Generally, landlords must give at least 24 hours written notice, stating the reason and time of entry. They can enter without notice only in emergencies (like fire or flood).
Can my landlord terminate my lease early if they sell the property?
If a landlord sells a property, the new owner can end the tenancy only if they, or an immediate family member, intend to live in the unit. Proper notice and compensation are required.
Can I sublet my apartment?
Yes, tenants have the right to sublet their unit with the landlord's consent, but the landlord cannot unreasonably refuse. The original tenant remains responsible for the rental agreement.
What should I do if I feel I have been discriminated against?
Discrimination based on race, gender, disability, family status, or other protected grounds is against Ontario’s Human Rights Code. You can file a complaint with the Ontario Human Rights Tribunal.
Is my lease still valid if it is not in writing?
Yes. Verbal and implied agreements are considered valid leases under Ontario law, though having a written lease can help prevent misunderstandings.
Additional Resources
For further information or assistance regarding landlord and tenant issues in Etobicoke, consider the following: - Landlord and Tenant Board (LTB): Handles most landlord and tenant disputes and applications. - Ontario Ministry of Municipal Affairs and Housing: Offers information about renters’ rights and responsibilities. - Community Legal Clinics: Offer free legal advice for people with low incomes. - Toronto Rental Housing Enforcement Unit: Investigates violations of the Residential Tenancies Act. - City of Toronto Rental Housing Office: Provides information about local licensing, building standards, and more.
Next Steps
If you need legal assistance with a landlord or tenant issue in Etobicoke, consider these steps: 1. Collect all documents related to your tenancy, such as leases, notices, emails, and payment records. 2. Try to resolve the matter directly with your landlord or tenant, if appropriate. 3. Consult the resources listed above for more information. 4. If your issue is unresolved, contact a local legal clinic, lawyer, or paralegal with experience in landlord & tenant law. 5. For formal disputes, you can file an application with the Landlord and Tenant Board or, in some cases, with the Human Rights Tribunal of Ontario. Remember, acting quickly and knowing your rights will help you navigate tenant and landlord disputes more effectively.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.