Know your rights as a tenant

BY BRITTNEY CHANNER

Hello GTA!

It has been an incredible week and with summer right around the corner, I know that many of you are excited. Most importantly, congratulations to the Toronto Raptors for winning the NBA championship. As a Toronto native, I am ecstatic that I had the opportunity to witness history. After 24 years of hard work and constant underestimation, Toronto has brought home a trophy. Well done gentlemen!

Now that we got that out the way, this week I wanted to discuss a life event that approximately 50% or more Canadians will experience, and that is moving into one’s own apartment or house. Renting a property can be an exciting time in one’s life however, through all the excitement, it is important to know all your legal rights that you may have as a potential tenant.

The Residential Tenancies Act is a statute that came into effect in 2007. The Act sets out the rights and responsibilities of landlords and tenants who rent residential properties. Most landlords and tenants of rental units are covered by the rules that are stipulated within this act however it is important that one becomes familiar with all the rules set up by this statute in order to avoid potential conflict. Learning about one’s rights as it pertains to residency can be exhausting and quite intimidating, however, I assure you that it is not as complex as one might assume.

For example, I had a friend reach out to me two weeks ago due to a situation she had with her landlord. The problem stemmed around the landlord’s failure to maintain the property where she lived, therefore, resulting in rodents. Now, if you’re like my friend who despises rodents, it can be very difficult living with these pesky creatures.

However, according to the Residential Tenancies Act, it sets out the obligations that landlords must take to control pests such as cockroaches, mice and or bed bugs. As a tenant, you should ensure that your rental space is clean to prevent the situation from worsening but, in the event that the problem is not solved, you have every right to inform your landlord and explore your legal options.

Like my friend, she took the necessary precautions to ensure that her unit was clean but due to the lack of cleanliness enforced by the landlord, all her efforts were in vain. Many tenants lose hope when they reach this point but I am here to tell you all is not lost. At this particular moment, it is in your best interest to document everything, including the conversations you have with your landlord regarding pests, repairs, or anything that is of concern.

Take pictures, put your concerns in writing, note the dates, times and all the efforts you have made on your part as a tenant to rectify the issue. The reason why I say this is because if after all your attempts, the landlord still hasn’t solved the problem, you may be eligible to apply to the Landlord and Tenant Board for a resolution. The role of the Landlord and Tenant Board is to resolve issues between landlords and tenants through mediation or adjudication, resolve eviction applications from co-ops and provide information to landlords and tenants about their rights and responsibilities under the Residential Tenancies Act.

In the situation involving my friend, according to section 29, subsection (3) of the act, it stated that she had a right to file a Tenant Application about maintenance in regards to attaining a portion of rent paid or hold back all or part of the rent normally paid due to the landlord’s inability to provide adequate upkeep of the building; commonly known as an abatement.  Although this is a complicated procedure and can take some time to be issued, it is an option that tenants have should a landlord refuse to address the problem or comply with an order.

Many landlords take advantage of the fact that most tenants are not aware of their rights as it pertains to their residential tenancy. This can create lower than sub-par and illegal living conditions and it is necessary that if you do plan to move out, you make yourself aware of all the rights and rules handed down to you that are governed by law. Regardless of what issues you may be dealing with between you and your landlord, I am certain that many solutions can be solved with general background knowledge of the Residential Tenancies Act.

As for my friend? Let’s just say she’s living quite comfortably now.