Best Landlord & Tenant Lawyers in Simcoe

About Landlord & Tenant Law in Simcoe, Canada

Landlord and tenant law in Simcoe, Ontario, is governed by the Residential Tenancies Act, 2006 (RTA) and is administered by the Landlord and Tenant Board (LTB). This area of law outlines the rights and responsibilities of both landlords and tenants when renting residential properties. The rules apply to most rental housing, including apartments, houses, and certain other living arrangements. Both landlords and tenants in Simcoe must follow the RTA, which sets out processes for rent increases, eviction, maintenance, security deposits, and more.

Why You May Need a Lawyer

Seeking legal help in landlord and tenant matters can be crucial for several reasons. Common situations where people benefit from legal advice include:

• Disputes over eviction notices or illegal lockouts
• Issues with unpaid rent or late payments
• Concerns about property repairs or maintenance responsibilities
• Negotiating or understanding lease agreements
• Disputes involving rent increases or charges
• Claims of harassment or unsafe living conditions
• Dealing with damage deposits or return of last month's rent
• Addressing discrimination or accessibility needs under the Ontario Human Rights Code
• Responding to applications or hearings before the Landlord and Tenant Board
• Understanding rights when subletting or assigning leases

A lawyer can offer clarity on your legal rights, guide negotiations, help with paperwork, and represent you in legal proceedings.

Local Laws Overview

The main law governing residential tenancies in Simcoe is the Ontario Residential Tenancies Act, 2006. This legislation outlines the following key aspects:

• Security Deposits: Only a deposit for the last month’s rent is allowed, not for damages or pet deposits.
• Rent Increases: Landlords can only raise the rent once every 12 months, and only by the amount set by the government’s yearly guideline unless approval is given for a higher increase.
• Evictions: Eviction must follow a legal process, which starts with proper written notice and, if contested, a hearing at the LTB. Common grounds include non-payment of rent, persistent late payment, or the landlord requiring the unit for personal use.
• Maintenance and Repairs: Landlords must ensure rental units are in a good state of repair and comply with health and safety standards, regardless of the rent charged.
• Entry to Rental Units: Landlords must provide at least 24 hours’ written notice before entering a tenant’s unit, except in emergencies.
• Privacy and Harassment: Landlords cannot harass, threaten, or interfere with tenants’ enjoyment of their rental units.
• Leases: Written leases are standard, and Ontario has a prescribed standard lease form, which landlords must use for most residential tenancies.

Other local bylaws and provincial laws may apply, especially regarding safety, parking, and property standards.

Frequently Asked Questions

What steps should I take if my landlord is not making necessary repairs?

First, put your request for repairs in writing and keep a copy. If the landlord does not respond, you may file an application with the Landlord and Tenant Board. Document all communications and the condition of your unit to support your case.

Can my landlord enter my rental unit without my permission?

A landlord must provide at least 24 hours’ written notice stating the reason for entry, unless there is an emergency such as a fire or flood.

What should I do if I receive an eviction notice?

Review the notice to understand the reason and timeline. You have the right to dispute it by filing a response with the Landlord and Tenant Board before the scheduled hearing date. Consider consulting a lawyer for advice on your options.

How much can my landlord increase my rent by?

In most cases, the rent can only be increased once every 12 months and by the maximum amount set by the Ontario government for that year. Exceptions may apply for new units or if granted by the LTB.

What is the difference between a lease and a rental agreement?

A lease is a fixed-term agreement, usually for 12 months, specifying the duration and terms. A rental agreement may be month-to-month and offer more flexibility. In Ontario, a standard lease form is used for most agreements.

Is my landlord allowed to ask for a security deposit?

No, landlords in Ontario can only ask for a deposit that is used as the last month’s rent. They cannot ask for a damage or pet deposit.

How can I get my last month’s rent deposit back?

The last month’s rent deposit is typically applied to your final month’s rent. If more was collected or it was not properly used, you can apply to the LTB for its return.

Can I be evicted in the winter months?

Yes, evictions can occur year-round, including winter. The landlord must follow the legal process, and a hearing at the LTB will consider all circumstances.

Who is responsible for pest control in a rental property?

Landlords are generally responsible for ensuring the rental property is pest-free and for arranging extermination services, unless the tenant caused the problem through their actions.

Do I have to allow my landlord to show the property to new tenants or buyers?

Yes, if your landlord has given proper notice, you must allow reasonable access for viewing by prospective tenants or buyers, typically with 24 hours’ advance notice.

Additional Resources

For more information or assistance with landlord and tenant matters in Simcoe, the following resources can be helpful:

• Landlord and Tenant Board (LTB): Offers guidance, forms, and information on dispute resolution
• Ontario Ministry of Municipal Affairs and Housing: Provides oversight and information about tenancy laws
• Community Legal Clinics: Offer free legal advice for eligible tenants and landlords
• Simcoe County Housing Services: Assists with affordable housing and local supports
• Local tenants’ associations for support and education

Next Steps

If you need legal assistance with a landlord and tenant issue in Simcoe, start by gathering all relevant documents such as your lease agreement, correspondence, and notices received or sent. Write down key dates and keep records of any issues or communications.

Consider reaching out to a community legal clinic or consulting a lawyer who specializes in landlord and tenant law for tailored advice. The Landlord and Tenant Board’s website provides forms and resources for tenants and landlords and is the authority for resolving most residential tenancy disputes.

Act promptly, especially in matters involving eviction or urgent requests for repairs. Early legal advice can help protect your rights and lead to more satisfactory outcomes.