Ontario’s New Standard Lease Agreement Starting April 30, 2018 Padmapper released a rent report earlier this year showing Barrie as the third most expensive city in Canada to rent a two bedroom ($1,650/month), and the fifth most expensive for a one bedroom ($1,250/month). That’s an increase of roughly 15% from rental prices in 2016. With the Barrie rental market heating up, landlords and tenants alike must be aware of the new standard form lease that now applies to almost all residential tenancies in Ontario. As of April 30, 2018, landlords must use the new standard form lease for most private residential rental units. This includes single and semi-detached houses, apartment buildings, condominiums, and secondary units such as basement apartments. This lease must be used by both individual landlords and property management companies. Kathleen Wynne, the then-Premier of Ontario, announced that tenants in Ontario have had to endure illegal and hard to understand provisions in their lease agreements for too long. The new lease is intended to head off those issues by clarifying “understanding between landlords and tenants about what the rules are, what the agreement is and what the responsibilities of each is”. “We’re working to prevent those problems, those kinds of misunderstandings before they begin” Wynne commented. If a landlord is not using the standard lease, tenants can ask for one. The request must be in writing and if the landlord does not provide the standard lease within 21 days of a written request, the tenant may give 60 days’ notice to terminate the lease early. Tenants can also withhold a maximum of one month’s rent upon making a request for a standard lease, but otherwise must continue paying rent for the rest of the term of their lease, or until its early termination. The standard lease form contains: Mandatory fields that must be completed and cannot be altered or removed, including basic information about the tenant, landlord and tenancy terms. Optional additional terms where the landlord and tenant can agree on terms that are unique to the unit, provided that terms that are inconsistent with the Residential Tenancies Act will be void and unenforceable, such as prohibiting a tenant from having pets. General information for landlords and tenants on their rights and responsibilities. The purpose of this section is to avoid the problem of common illegal terms in tenancy agreements such as no pet-clauses and damage deposits other than rent deposits. If you are in need of a real estate lawyer, please visit our website and contact one of our real estate lawyers in Barrie, Toronto or Whitby today. In addition to real estate, our firm offers assistance in the areas of corporate law, wills, estates and litigation matters. Contact our Barrie office directly at 705-812-2100, or Cayley Rodd at cayley.rodd@devrylaw.ca. This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs. By Fauzan SiddiquiBlog, Real EstateSeptember 7, 2018June 16, 2020
Ontario Legislature moves to regulate Life Leases in bid to protect Seniors Bill 155, introduced in the Ontario Legislature on September 20, 2017, proposes a new law to regulate, so-called, ‘life leases’, a type of lease arrangement that lasts for no less than 50 years. Life leases are a form of leasing arrangement that has become increasingly popular in Ontario thanks to a rapidly growing seniors population. A life lease is similar in concept to condominium ownership, whereby a group of people own units in a community or building and pay fees for the use of common areas and maintenance. Unlike a condominium however, a life lease does not confer an ownership stake in the property; rather, the lessee owns an ‘interest’ in the property that allows them the right to live in the unit. A prospective lessee typically enters into a life-lease by paying a lump-sum up front followed by monthly fees for amenities and maintenance. This is an attractive arrangement for seniors, who can still live independently but are not able to maintain a single family home. The Bill proposes certain payments in respect of life leases and requires the disclosure of information relating to life leases. Under the proposed rules, the landlord is required to disclose to a prospective tenant the estimated entrance fee, the projected completion date, information regarding governance and management of the residential complex, the estimated amount of other fees, including monthly occupancy fees, and the estimated refund that a tenant would receive upon termination of the lease. Landlords are also required to maintain a reserve fund to pay for any unforeseen major repair to or replacement of assets of the complex, and to hold adequate insurance for such. It is unclear what effect the rules this will have on the life lease market, but new regulations could well increase costs that are ultimately passed on to seniors. The Bill’s sponsor, MPP Ann Hoggarth, said: “This bill provides that life leases be given protection, similar to renters and condo owners, by providing clear disclosure to leaseholders and improving communication with their sponsors”. Are you thinking of purchasing or selling a life lease? We can help. If you are in need of a real estate lawyer, please visit our real estate page and contact one of our lawyers today. For any other legal services or inquiries, please contact Devry Smith Frank LLP directly at 416-449-1400 or visit our website for more information. By: Stuart Clark, Student-at-Law “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Real EstateOctober 16, 2017June 18, 2020
When Discrimination is Not Prohibited: Housing Caleb Pheluong, a Vancouver resident, was served eviction papers once his landlord discovered that he intended to have his boyfriend stay over one night. The landlord expressed to him via text message that homosexuality was against her “Christian beliefs” and she could no longer have him living in her house. Is this discrimination? Sexual orientation is a protected ground under Human Rights Codes, and the landlord, in writing, expressed that his sexual orientation was the reason for his eviction. According to the B.C. Human Rights Code, no, it is not unlawful discrimination. And the answer would be no different in Ontario. Both Codes prohibit discrimination in accommodation and list sexual orientation as one of the grounds that are protected. This means, for example, that sexual orientation cannot be a reason for refusing to rent to a tenant. However, the Codes provide an exception for landlords who provide accommodation in dwellings that they also occupy. In Ontario, section 21(1) expresses that landlords who share either a kitchen and/or a bathroom with their tenant are exempt from the prohibitions on discrimination. Sharing a bathroom or kitchen with your landlord or their family takes you out from under the protection of the Human Rights Code and leaves you vulnerable to discrimination without legal recourse. Caleb fell victim to this loophole; he has no right under the law to remain a tenant in his present house or be compensated for the discrimination he faced. If, however, you fall outside this exception, you do have protection under the Code from such discrimination in accommodation. A recent Ontario Human Rights Tribunal decision awarded a couple $12,000 for their landlord’s discriminatory attitude and actions when he failed to accommodate their religious practices while he was re-letting the apartment they were vacating. The landlord’s refusal to agree to their requests, such as removing outdoor shoes before entering their prayer space, was held to be discrimination under the Code. Two very different legal outcomes from what appears to be acts of discriminatory conduct from a landlord towards a tenant. What these tenant situations illuminate is the difference in treatment of tenants who rent shared spaces with those who rent self-contained, private spaces. For information or assistance in regards to protections and legal recourse for human rights claims please contact one of our Human Rights Litigation Lawyers. By: Samantha Hamilton, Student-at-Law “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Human Rights LawAugust 24, 2017June 19, 2020