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Landlord and tenant law in Pickering, Ontario, is guided by provincial legislation, primarily the Residential Tenancies Act (RTA), 2006. This law sets the rules for renting residential properties, including rights and responsibilities of both landlords and tenants. Pickering, as part of the Greater Toronto Area, sees a vibrant rental market with a diverse population. Understanding landlord and tenant law is crucial for both parties to ensure fair treatment and protect their interests. The law covers leases, rent increases, maintenance, eviction procedures, and dispute resolution.
There are several situations where consulting a landlord & tenant lawyer in Pickering might be necessary. Common scenarios include:
Legal professionals can clarify complex laws and represent your interests at the Landlord and Tenant Board (LTB), ensuring your rights are respected.
In Pickering, landlord and tenant relations are regulated by Ontario's Residential Tenancies Act, supplemented by local by-laws where applicable. Key features include:
Municipal by-laws in Pickering (such as property standards) may impose additional maintenance or occupancy requirements.
Tenants can only be evicted for specific legal reasons, such as non-payment of rent or substantial damage to the property. The landlord must use proper notice forms and seek an order from the Landlord and Tenant Board. Tenants generally have the right to a hearing before an eviction is finalized.
No, landlords must provide at least 90 days’ written notice before increasing rent and can only do so once every 12 months. In most cases, rent increases are capped by the guidelines issued annually by the Ontario government.
Landlords are required by law to maintain the rental property in a good state of repair, fit for habitation. Tenants should report maintenance issues promptly, but are responsible for damages they or their guests cause.
Landlords must provide the correct notice in writing, specifying the reason and time frame. If the tenant does not resolve the issue or move out, the landlord must apply to the Landlord and Tenant Board for an eviction order.
No, tenants cannot legally withhold rent for repairs. Instead, they should file a complaint with the Landlord and Tenant Board if the landlord fails to maintain the property.
Except in emergencies, landlords must give 24 hours’ written notice stating the reason and time for entry. Unlawful entry may be reported to the Landlord and Tenant Board or local authorities.
Written leases are highly recommended and are mandatory for most new tenancies in Ontario, using the standard government lease form. However, even oral agreements are legally binding under the Residential Tenancies Act.
Discrimination based on family status (such as having children) is prohibited by the Ontario Human Rights Code. However, "no pet" clauses are generally not enforceable in most rental agreements, except for condominiums if the building’s rules prohibit pets.
The last month’s rent deposit can only be used for rent, not for damages or cleaning. It accrues interest annually at a rate set by the province.
You may request a review of the decision within the time frame provided by the Board, or appeal on legal grounds (such as an error in law) to the Divisional Court of Ontario under certain conditions.
For more information and assistance, consider the following resources:
If you need legal help with a landlord and tenant matter in Pickering:
Being informed and proactive is key to resolving landlord and tenant issues fairly and efficiently in Pickering, Ontario.
