Province takes tentative steps to control “reno-victions” speed up Landlord and Tenant appeals process

The province is taking the first steps to curb the practice of renovicitons—where tenants in affordable rental units are evicted  and the landlord then renovates the units and puts them back on the market at a significantly higher rent. In response to that practice.

What is being promised immediately is the investment of $6.5 Million to increase the number of adjudicators and staff at the Landlord and Tenant Board in an effort to clear a backlog of appeals..

Ontario is also taking steps to make life easier for renters, with proposed changes that would enhance tenants’ rights to install air conditioning in their units. The government is also proposing to strengthen protections against evictions due to renovations, demolitions and conversions, as well as those for landlord’s own use.

With regard to renovictions the government announced a new policy that would require landlords to:

• provide a report from a qualified person stating the unit must be vacant for renovations to take place
• update the tenant on the status of the renovation in writing (if they plan to return)
• give them a 60-day grace period to move back in, once the renovations are complete

If the landlord doesn’t allow the tenant to move back in at the same rent, the tenant would have two years after moving out, or six months after renovations are complete (whichever is longer), to apply to the Landlord and Tenant Board for a remedy.

When a tenant is in arrears of rent, they may enter into a repayment agreement with their landlord to pay the rent they owe and avoid eviction. To make it easier for both tenants and landlords, the government is proposing to require use of the Landlord and Tenant Board’s plain language repayment agreement form. This would help ensure all parties better understand their rights and responsibilities.

The government hinted at more sweeping change stating it is “consulting on changes that will help to create a balanced framework governing municipal rental replacement by-laws. For example, the government is considering requiring replacement units to have the same core features (e.g., number of bedrooms) as original units. The proposals would also give existing tenants the right to move into the new unit while paying the same rent.