Landlord/tenant rights, dealing with problems, where to get help...
Tenant issues
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[email protected] Posts: 1
Posted On: 5/16/2022
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Hello , My daughter’s,apartment had a fire in December 2022. The landlord information my daughter that he would fix the damages if she paid back rent from the summer of 2021. my daughter’s rent was paid for the month of December. Nothing has happened since then until April 1, 2022 . The landlord informed my daughter’s partner by text that they had two weeks to remove their belongings . She asked him for about 4 weeks .
My daughter and her partner have both been on stress leave from their jobs since the fire . They went to the apartment on May 14 th to find 90% of their items and my granddaughter trashed all over the backyard. Can he legally do this ? Everything is destroyed.
Background information : They have been paying their rent for the last couples of years cash. Haven’t had a lease agreement in about 3-4 years . Landlord has never provided a year receipt. also my daughter was not aware she could claim her rent on her income taxes .
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Moderator Moderator Posts: 4141
Posted On: 5/20/2022
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Hello,
Thank you for sharing your question and situation with us.
It is best that you contact a community legal clinic for some advice regarding your situation. You may also wish to call the Landlord and Tenant Board at 1-888-332-3234 or 416-645-8080 (in the GTA) for information specific to your situation. The landlord and tenant board resolves disputes between residential landlords and tenants.
It may also help to connect with a community resource navigator at 211 to narrow your search. 211 Ontario is a free, confidential service. Their phone service is available 24 hours a day, 365 days a year. Here is a link to their live chat if you prefer to communicate online. Their live chat service is available Monday to Friday from 7am-9pm ET.
It sounds like your daughter is considered a month-to-month tenant, and according to StepstoJustice's article "Who is responsible for repairs and maintenance?":
It is your landlord's job to repair and maintain your home. Your landlord must fix or replace anything that is in bad condition or does not work properly.
This includes things that came with your place, such as appliances like a fridge or stove. It also includes common areas, like parking lots, elevators, and hallways.
It doesn't matter if your lease or rental agreement says something different. It doesn't matter if you knew about the problem when you agreed to rent the place. The law says your landlord is responsible.
Still, landlords must follow a process to evict a tenant in Ontario. The landlord cannot physically remove them from the home. They must file an application with the Landlord and Tenant Board first and follow the proper eviction process. In most cases, the Landlord and Tenant Board will hold a hearing, and if the board decides that you can be evicted, only the Sheriff has the power to physically evict.
We hope this information is helpful, please feel free to reach out to us with any further questions.
Sincerely,
Your Settlement.Org team
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