New Rent Law Could Challenge Tenants in Ontario

Tenants in Ontario facing accusations of unpaid rent might soon have to pay half of what their landlords claim they owe if they want to address other concerns about their living conditions at a tribunal hearing.

This adjustment is part of several changes introduced by the provincial government’s Bill 60, which lawyers and advocates say will make it tougher for tenants who are accused of being behind on payments. The bill received royal assent in November, marking the final approval stage in Ontario’s legislature, though the province hasn’t specified when these new payment requirements will take effect.

Other modifications regarding how arrears are processed at the landlord and tenant board will be implemented this summer and fall.

Dania Majid, a lawyer with the Advocacy Centre for Tenants Ontario, points out that allowing tenants to raise health and safety concerns about their units is crucial since it can sometimes reveal that a landlord is breaching the Residential Tenancies Act and may owe compensation to their tenant.

“Nowhere else in our judicial system do we require someone to put down cash on the table before they raise legal arguments, especially before they’re even proven to owe this amount,” she said.

Majid mentions that before these amendments were made, tenants were already required to give seven days’ notice to the board if they planned to bring up other issues related to their unit during a Landlord and Tenant Board hearing.

WATCH | New tenant union launches across Toronto:

New tenant union launches across Toronto

Tenants and housing advocates from various parts of Toronto came together on Saturday to establish a new city-wide tenant union. Organizers say their aim is to create collective power against rising rents and advocate for stronger protections for renters. CBC’s Naama Weingarten has more on this story.

The legislation states that payments would go directly either to the landlord or the board.

The Ministry of Municipal Affairs and Housing didn’t respond when asked whether there are ways for tenants to reclaim that money if it’s found that they’re not actually behind on rent payments.

Additional upcoming changes include reducing the timeframe tenants have for paying their rent from 14 days down to seven days before a landlord can apply for an eviction hearing. This change kicks in September.

The province claims bill creates fairness; advocates disagree

Bill 60 is extensive and has faced backlash from environmentalists, tenant advocates, planning experts, among others. The City of Toronto has voted formally against it due to concerns it might lead to more homelessness within the city.

A spokesperson for the Minister of Municipal Affairs and Housing stated that the province aims at supporting Ontario’s tenants by increasing fines under the Residential Tenancies Act.

“Bill 60 restores balance and rebuilds confidence in Ontario’s rental housing market by protecting responsible tenants who meet their obligations under lease agreements while ensuring accountability for those who repeatedly misuse the system and cause delays at the Landlord Tenant Board,” said Michael Minzak, press secretary for the minister, via email.

Chiara Padovani, an organizer with the Toronto Tenant Union, emphasized that a rental agreement should be seen as a mutual contract where landlords must maintain units properly while providing decent living spaces in exchange for rent paid by tenants. Padovani is also running for council in York South-Weston during this year’s municipal election.

WATCH | West end Toronto tenants push back on eviction notices:

These Toronto tenants are pushing back against eviction notices in a legal dispute

A conflict over eviction notices is heating up at a mixed-use building located in Toronto’s Roncesvalles neighborhood. CBC’s Tyler Cheese spoke with tenants fighting hard to keep their long-term residences while building owners maintain that these notices comply with legal standards.

“So one of things that tenants often rely on when they’re getting evicted is ‘OK, yeah, I’m short on rent but like there’s massive mould in my bedroom that’s causing my kids asthma and the landlord refuses to address it,’” said Padovani. “And that constitutes grounds for relief from eviction.”

A few think this move responds directly to rent strikes

The Federation of Metro Tenants Association suspects this payment requirement stems from recent instances where tenants have organized through rent strikes.

“A hearing serves as one rare opportunity where you can compel landlords into discussions,” Mason Fitzpatrick explained as communications director of the association.

“If you’re unable to use your financial leverage-by withholding rent-to get them to deal with other matters then your power diminishes significantly,” he remarked.

Daryl Chong, president of the Greater Toronto Apartment Association didn’t comment specifically about the requirement regarding 50 percent payment but generally noted Bill 60 “restores some faith among landlords towards the landlord-tenant board.”

“There’s quite a bit of manipulation going on within the system; lots of misleading advice online about delaying actions essentially allowing people not paying any rent,” he added.

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