Bill 184 – What You Tenant’s and Landlord’s Need to Know
The ever so controversial Bill 184, updating The Residential Tenancies Act of 2006, was officially passed as of July 24, 2020.
The Provincial Government believes by implementing this Bill as Law, less unlawful evictions will take place as this bill has developed a more effective way to resolve disputes while also requiring compensation to tenants for “no fault” evictions.
Tenants, on the other hand, disagree with this sentiment and continue to advocate towards the fact that this will lead to mass evictions throughout Ontario leaving many residents within our province vulnerable.
7 Takeaway Points of Bill 184 For Tenants & Landlords
- The Eviction Ban Has Been Lifted
- As of the end of the month, July 31, 2020 to be exact, the ban on residential eviction will be lifted. This will now allow landlords to seek eviction for tenants who have not paid rent.
- This INCLUDES those who missed or skipped payments due to the pandemic.
- Landlords have been requested by the provincial government to present a payment plan prior to seeking eviction and item that will be looked at and considered by the Landlord & Tenant Board throughout eviction hearings
- More Strict “No Fault” Evictions
- Tenants are required to be compensated 1 months rent for “No Fault” Evictions
- “No Fault” Evictions include evictions for renovations, possession for personal use, and evictions due to the sale of a property
- The Landlord & Tenant board may also now order compensation equalling up to 12 months rent for any evictions where a landlord does not allow a tenant to re-enter the property after any renovations or repairs OR evictions done in bad faith
- Written Advanced Notice Must Be Provided by Both Tenants & Landlords
- Tenants AND Landlords are now required to provide advance written notice for any issues they plan to raise/discuss during a hearing before the Landlord & Tenant Board with respect to evictions for non-payment
- In the past, Tenants were not required to outline their concerns prior to the hearing. Any issues that are not outlined prior to the hearing with written notice will NOT be heard by the board during hearings.
- Utilities & Arrears
- Applications for non-payment of utilities will now be heard by the Landlord and Tenant Board as opposed to having to seek compensation through Small Claims Court
- Compensation for arrears of rent [money owed, that should have been paid earlier], will be required to be paid by tenants who occupy a unit after the expiration of a lease or due to damages caused to a unit. This clause has also been amended to include while a tenant is in possession or up to one year after the tenant ceased possession of a unit.
- Larger Fines
- Maximum fines for Landlords under The Act have been doubled to $50,000 for individual Landlords and $250,000 for corporations.
- Landlords will now be required to provide a formal affidavit when filing an application for eviction due to personal use & renovations. This explanation will require specific details as to who will be renting the unit, what will be being done to the unit if for renovation, why the unit will be renovated or used for personal use, when, where.
- Notice for Rental Increase
- A tenant cannot seek reimbursement for an improper rental increase [an increase that was not provided by the Landlord 90 Days prior to the increase] if the tenant has already paid the increased rent for the previous 12 consecutive months, provided that the tenant did not make an application to the Board challenging the validity of that rental increase within one year from the date that the rental increase was first charged.
If you are looking for more information as a Tenant or a Landlord with respect to Bill 184, feel free to comment below or contact me directly to discuss!