jswizzle3737/ontario_laws_and_regs huggingface dataset:
Notice of termination, further contravention
67. (1) A landlord may give a tenant notice of termination of the tenancy if, (a) a notice of termination under section 63, 64 or 66 or under an equivalent provision of Part IV of the Landlord and Tenant Act has become void as a result of the tenant’s compliance with the terms of the notice; and (b) within six months after the notice mentioned in clause (a) has become void, an activity takes place, conduct occurs or a situation arises that constitutes grounds for a notice of termination under section 62, 63, 64 or 66, other than an activity, conduct or a situation that is described in subsection 62 (1) and that involves an illegal act, trade, business or occupation described in clause 62 (3) (a). 1997, c. 24, s. 67 (1); 2000, c. 26, Sched. K, s. 6 (16). Same (2) The notice under this section shall set out the date it is to be effective and that date shall not be earlier than the 14th day after the notice is given. 1997, c. 24, s. 67 (2). Superintendent’s Premises
Superintendent’s premises
68. (1) If a landlord has entered into a tenancy agreement with respect to a superintendent’s premises, unless otherwise agreed, the tenancy terminates on the day on which the employment of the tenant is terminated. Same (2) A tenant shall vacate a superintendent’s premises within one week after his or her tenancy is terminated. No rent charged for week (3) A landlord shall not charge a tenant rent or compensation or receive rent or compensation from a tenant with respect to the one-week period mentioned in subsection (2). 1997, c. 24, s. 68. Application to Tribunal by Landlord – Landlord has given Notice of Termination
Application by landlord
69. (1) A landlord may apply to the Tribunal for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or under the former Part IV of the Landlord and Tenant Act. Same (2) An application under subsection (1) may not be made later than 30 days after the termination date specified in the notice. Exception (3) Subsection (2) does not apply with respect to an application based on the tenant’s failure to pay rent. 1997, c. 24, s. 69.
Landlord personally requires premises
70. (1) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 51 or 52 unless the person who personally requires the rental unit files with the Tribunal a declaration certifying that the person in good faith requires the rental unit for his or her own personal use. 1997, c. 24, s. 70 (1). Same (2) The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 51 or 52 where the landlord’s claim is based on a tenancy agreement or occupancy agreement that purports to entitle the landlord to reside in the rental unit unless, (a) the application is brought in respect of premises situate in a building containing not more than four residential units; or (b) the landlord, the landlord’s spouse or a child or parent of the landlord or his or her spouse has previously been a genuine occupant of the premises. 1997, c. 24, s. 70 (2); 1999, c. 6, s. 62 (6); 2005, c. 5, s. 67 (8).
Demolition, conversion, repairs
71. The Tribunal shall not make an order terminating a tenancy and evicting the tenant in an application under section 69 based on a notice of termination under section 53 unless it is satisfied that, (a) the landlord intends in good faith to carry out the activity on which the notice of termination was based; and (b) the landlord has obtained all necessary permits or other authority that may be required to do so. 1997, c. 24, s. 71.
Illegal act or misrepresentation of income
73. The Tribunal may issue an order terminating a tenancy and evicting a tenant in an application referred to under section 69 based on a notice of termination under section 62 whether or not the tenant or other person has been convicted of an offence relating to an illegal act, trade, business or occupation. 1997, c. 24, s. 73. Correction; animals
Notice gives seven days to correct
74. (1) A landlord may not apply to the Tribunal for an order terminating a tenancy and evicting the tenant based on a notice of termination under section 63, 64 or 66 before the seven-day remedy period specified in the notice expires. Application based on animals (2) If an application based on a notice of termination under section 64 or 65 is grounded on the presence, control or behaviour of an animal in or about the residential complex, the Tribunal shall not make an order terminating the tenancy and evicting the tenant without being satisfied that the tenant is keeping an animal and that, (a) subject to subsection (3), the past behaviour of an animal of that species has substantially interfered with the reasonable enjoyment of the residential complex for all usual purposes by the landlord or other tenants; (b) subject to subsection (4), the presence of an animal of that species has caused the landlord or another tenant to suffer a serious allergic reaction; or (c) the presence of an animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants. Same (3) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (a) if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference. Same (4) The Tribunal shall not make an order terminating the tenancy and evicting the tenant relying on clause (2) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction. 1997, c. 24, s. 74.
Immediate application
75. Unless specifically provided otherwise in this Act or the former Part IV of the Landlord and Tenant Act, a landlord who has served a notice of termination may apply immediately to the Tribunal under section 69 for an order terminating the tenancy and evicting the tenant. 1997, c. 24, s. 75. Application to Tribunal by Landlord – Landlord has not given Notice of Termination
Agreement to terminate, tenant’s notice
76. (1) A landlord may, without notice to the tenant, apply to the Tribunal for an order terminating a tenancy and evicting the tenant if, (a) the landlord and tenant have entered into an agreement to terminate the tenancy; or (b) the tenant has given the landlord notice of termination of the tenancy. Same (2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be. Same (3) An application under subsection (1) shall not be made later than 30 days after the termination date specified in the agreement or notice. Order (4) On receipt of the application, the Tribunal may make an order terminating the tenancy and evicting the tenant. Same (5) An order under subsection (4) shall be effective not earlier than, (a) the date specified in the agreement, in the case of an application under clause (1) (a); or (b) the termination date set out in the notice, in the case of an application under clause (1) (b). Set aside order (6) The respondent may make a motion to the Tribunal, on notice to the applicant, to have the order set aside within 10 days after the order is issued. Same (7) An order under subsection (4) is stayed when a motion to have the order set aside is received by the Tribunal and shall not be enforced under this Act or as an order of the court during the stay. Same (8) If the Tribunal sets the order aside, the Tribunal shall hear the merits of the application. 1997, c. 24, s. 76.
Abandonment of rental unit
78. If a landlord believes that a tenant has abandoned a rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy. 1997, c. 24, s. 78.
Landlord may dispose of property, abandoned unit
79. (1) A landlord may dispose of property in a rental unit that a tenant has abandoned and property of persons occupying the rental unit that is in the residential complex in which the rental unit is located in accordance with subsections (2) and (3) if, (a) the landlord obtains an order terminating the tenancy under section 78; or (b) the landlord gives notice to the tenant of the rental unit and to the Tribunal of the landlord’s intention to dispose of the property. Same (2) If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately. Same (3) The landlord may sell, retain for the landlord’s own use or otherwise dispose of any other items if 30 days have passed after obtaining the order referred to in clause (1) (a) or giving the notice referred to in clause (1) (b) to the tenant and the Tribunal. Tenant’s claim to property (4) If, before the 30 days have passed, the tenant notifies the landlord that he or she intends to remove property referred to in subsection (3), the tenant may remove the property within that 30-day period. Same (5) If the tenant notifies the landlord in accordance with subsection (4) that he or she intends to remove the property, the landlord shall make the property available to the tenant at a reasonable time and within a reasonable proximity to the rental unit. Same (6) The landlord may require the tenant to pay the landlord for arrears of rent and any reasonable out of pocket expenses incurred by the landlord in moving, storing or securing the tenant’s property before allowing the tenant to remove the property. Same (7) If, within six months after the date the notice referred to in clause (1) (b) is given to the tenant and the Tribunal or the order terminating the tenancy is issued, the tenant claims any of his or her property that the landlord has sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of, (a) the landlord’s reasonable out of pocket expenses for moving, storing, securing or selling the property; and (b) any arrears of rent. No liability (8) Subject to subsections (5) and (7), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section. 1997, c. 24, s. 79.
Superintendent’s premises
80. The landlord may apply to the Tribunal for an order terminating the tenancy of a tenant of superintendent’s premises and evicting the tenant if the tenant does not vacate the rental unit within one week of the termination of his or her employment. 1997, c. 24, s. 80.
Unauthorized occupancy
81. (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 17 or a subletting authorized under section 18, the landlord may apply to the Tribunal for an order evicting the person to whom occupancy of the rental unit was transferred. Time limitation (2) An application under this section must be made no later than 60 days after the landlord discovers the unauthorized occupancy. 1997, c. 24, s. 81. Landlord or Tenant Application Overholding Subtenant
Overholding subtenant
82. (1) If a subtenant continues to occupy a rental unit after the end of the subtenancy, the landlord or the tenant may apply to the Tribunal for an order evicting the subtenant. Time limitation (2) An application under this section must be made within 60 days after the end of the subtenancy. 1997, c. 24, s. 82. Eviction Orders
Effective date of order
83. (1) If a notice of termination of a tenancy has been given and the landlord has subsequently applied to the Tribunal for an order evicting the tenant, the order of the Tribunal evicting the tenant may not be effective earlier than the date of termination set out in the notice. 1997, c. 24, s. 83 (1). Same, default order (2) If the order of the Tribunal evicting the tenant is a default order, it shall take effect on the later of, (a) the 11th day after the day the order is issued; and (b) the date of termination set out in the notice of termination. 2000, c. 26, Sched. K, s. 6 (19).
Expiry date of order
83.1 An order of the Tribunal evicting a person from a rental unit expires six months after the day on which the order takes effect if it is not filed within those six months with the sheriff who has territorial jurisdiction where the rental unit is located. 2000, c. 26, Sched. K, s. 6 (20).
Power of Tribunal, eviction
84. (1) Upon an application for an order evicting a tenant or subtenant, the Tribunal may, despite any other provision of this Act or the tenancy agreement, (a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or (b) order that the enforcement of the order of eviction be postponed for a period of time. Same (2) Without restricting the generality of subsection (1), the Tribunal shall refuse to grant the application where satisfied that, (a) the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement; (b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards; (c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights; (d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; or (e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding. No eviction before compensation, demolition or conversion (3) The Tribunal shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 55, 57 or 58, as the case may be. No eviction before compensation, repair or renovation (4) If a tenant has given a landlord notice under subsection 56 (2), the Tribunal shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in an amount equal to the rent for the amount of time the landlord estimates is required to complete the repair or renovation. 1997, c. 24, s. 84.
Effect of eviction order
85. An order evicting a person shall have the same effect, and shall be enforced in the same manner, as a writ of possession. 1997, c. 24, s. 85. Other Landlord Applications Compensation
Arrears of rent
86. (1) A landlord may apply to the Tribunal for an order for the payment of arrears of rent if, (a) the tenant has not paid rent lawfully required under the tenancy agreement; and (b) the tenant is in possession of the rental unit. 1997, c. 24, s. 86 (1). Compensation, overholding tenant (2) If a tenant is in possession of a rental unit after the tenancy has been terminated, the landlord may apply to the Tribunal for an order for the payment of compensation for the use and occupation of a rental unit after a notice of termination or an agreement to terminate the tenancy has taken effect. 1997, c. 24, s. 86 (2). Compensation, unauthorized occupant (2.1) A landlord who makes an application under section 81 may also apply to the Tribunal for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made. 2001, c. 9, Sched. J, s. 4 (5). Same (3) In determining the amount of arrears of rent, compensation or both owing in an order for termination of a tenancy and the payment of arrears of rent, compensation or both, the Tribunal shall subtract from the amount owing the amount of any rent deposit or interest on a rent deposit that would be owing to the tenant on termination. 1997, c. 24, s. 86 (3). NSF cheque charges (4) On an application by a landlord under this section, the Tribunal may include the following amounts in determining the total amount owing to a landlord by a tenant or by an unauthorized occupant in respect of a rental unit: 1. The amount of NSF cheque charges claimed by the landlord and charged by financial institutions in respect of cheques tendered to the landlord by or on behalf of the tenant or occupant, to the extent the landlord has not been reimbursed for the charges. 2. The amount of unpaid administration charges in respect of the NSF cheques, if claimed by the landlord, that do not exceed the amount per cheque that is prescribed as a specified payment exempt from the operation of section 140. 2001, c. 9, Sched. J, s. 4 (5).
Compensation for damage
87. A landlord may apply to the Tribunal for an order for compensation if the tenant or a person whom the tenant permits in the residential complex wilfully or negligently causes undue damage to the rental unit or the residential complex and the tenant is in possession of the rental unit. 1997, c. 24, s. 87.
Compensation, misrepresentation of income
88. If a landlord has a right to give a notice of termination under subsection 62 (2), the landlord may apply to the Tribunal for an order for the payment of money the tenant would have been required to pay if the tenant had not misrepresented his or her income or that of other members of his or her family, so long as the application is made while the tenant is in possession of the rental unit. 1997, c. 24, s. 88. Other Tenant Notices and Applications
Compensation, overholding subtenant
89. A tenant may apply to the Tribunal for an order for compensation for use and occupation by an overholding subtenant after the end of the subtenancy if the overholding subtenant is in possession of the rental unit at the time of the application. 1997, c. 24, s. 89.
Tenant’s notice, application re subtenant
90. Sections 61 to 67, 69, 86, 87 and 99 apply with necessary modifications with respect to a tenant who has sublet a rental unit as if the tenant were the landlord and the subtenant were the tenant. 1997, c. 24, s. 90. PART IV   CARE HOMES Rights and Duties of Landlords and Tenants
Agreement required
91. (1) There shall be a written tenancy agreement relating to the tenancy of every tenant in a care home. Contents of agreement (2) The agreement shall set out what has been agreed to with respect to care services and meals and the charges for them. 1997, c. 24, s. 91.
Information to tenant
92. (1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information. Effect of non-compliance (2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service or meals until after giving the required information package to the tenant. 1997, c. 24, s. 92. Tenancy agreement: consultation, cancellation
Tenancy agreement: right to consult
93. (1) Every tenancy agreement relating to the tenancy of a tenant in a care home shall contain a statement that the tenant has the right to consult a third party with respect to the agreement and to cancel the agreement within five days after the agreement has been entered into. Cancellation (2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it. 1997, c. 24, s. 93.
Entry check condition of tenant
94. (1) Despite section 19, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so. Right to revoke provision (2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord. 1997, c. 24, s. 94.
Assignment, subletting in care homes
95. A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements or guidelines set by the landlord. 1997, c. 24, s. 95.
Notice of termination
96. (1) A landlord may, by notice, terminate the tenancy of a tenant in a care home if,  (a) the rental unit was occupied solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the tenant and the landlord; (b) no other tenant of the care home occupying a rental unit solely for the purpose of receiving rehabilitative or therapeutic services is permitted to live there for longer than two years; and (c) the period of tenancy agreed to has expired. Period of notice (2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 47 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 96.
Termination, care homes
97. Despite section 47, a tenant of a care home may terminate a tenancy at any time by giving at least 30 days notice of termination to the landlord. 1997, c. 24, s. 97.
Notice of termination, demolition, conversion or repairs
98. (1) A landlord who gives a tenant of a care home a notice of termination under section 53 shall make reasonable efforts to find appropriate alternate accommodation for the tenant. Same (2) Sections 55 and 57 do not apply with respect to a tenant of a care home who receives a notice of termination under section 53 and chooses to take alternate accommodation found by the landlord for the tenant under subsection (1). 1997, c. 24, s. 98. Transferring Tenancy Transferring tenancy
Application
99. (1) A landlord may apply to the Tribunal for an order transferring a tenant out of a care home and evicting the tenant if, (a) the tenant no longer requires the level of care provided by the landlord; or (b) the tenant requires a level of care that the landlord is not able to provide. Order (2) The Tribunal may issue an order under clause (1) (b) only if it is satisfied that, (a) appropriate alternate accommodation is available for the tenant; and (b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant’s care needs. Same (3) The Tribunal may not issue a default order in an application under this section. Mandatory mediation (4) If a dispute arises, the dispute shall be sent to mediation before the Tribunal makes an order. Same (5) If the landlord fails to participate in the mediation, the Tribunal may dismiss the landlord’s application. 1997, c. 24, s. 99. Rules Related to Rent
Rent in care home
100. If there is more than one tenancy agreement for a rental unit in a care home, the provisions of Part VI apply with respect to each tenancy agreement as if it were an agreement for a separate rental unit. 1997, c. 24, s. 100.
Notice of increased charges
101. (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord’s intention to do so. Contents of notice (2) The notice shall be in writing in the form approved by the Tribunal and shall set out the landlord’s intention to increase the charge and the new charges for care services and meals. Effect of non-compliance (3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice. 1997, c. 24, s. 101.
Certain charges permitted
102. (1) Nothing in subsection 140 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the requirements of sections 92 and 101. Same (2) Nothing in subsection 140 (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing care services or meals to the subtenant. 1997, c. 24, s. 102. PART V   MOBILE HOME PARKS AND LAND LEASE COMMUNITIES Interpretation
Part applies to land lease communities
103. This Part applies with necessary modifications with respect to tenancies in land lease communities, as if the tenancies were in mobile home parks. 1997, c. 24, s. 103.
Interpretation
104. A reference in this Part to a tenant’s mobile home shall be interpreted to be a reference to a mobile home owned by the tenant and situated within a mobile home park of the landlord with whom the tenant has a tenancy agreement. 1997, c. 24, s. 104. Rights and Duties of Landlords and Tenants
Tenant’s right to sell, etc.
105. (1) A tenant has the right to sell or lease his or her mobile home without the landlord’s consent. Landlord as agent (2) A landlord may act as the agent of a tenant in negotiations to sell or lease a mobile home only in accordance with a written agency contract entered into for the purpose of beginning those negotiations. Same (3) A provision in a tenancy agreement requiring a tenant who owns a mobile home to use the landlord as an agent for the sale of the mobile home is void. 1997, c. 24, s. 105.
Landlord’s right of first refusal
106. (1) This section applies if a tenancy agreement with respect to a mobile home contains a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord. Same (2) If a tenant receives an acceptable offer to purchase a mobile home, the landlord has a right of first refusal to purchase the mobile home at the price and subject to the terms and conditions in the offer. Same (3) A tenant shall give a landlord at least 72 hours notice of a person’s offer to purchase a mobile home before accepting the person’s offer. Landlord’s purchase at reduced price (4) If a provision described in subsection (1) permits a landlord to purchase a mobile home at a price that is less than the one contained in a prospective purchaser’s offer to purchase, the landlord may exercise the option to purchase the mobile home, but the provision is void with respect to the landlord’s right to purchase the mobile home at the lesser price. 1997, c. 24, s. 106. Advertising a sale
For sale signs
107. (1) A landlord shall not prevent a tenant who owns a mobile home from placing in a window of the mobile home a sign that the home is for sale, unless the landlord does so in accordance with subsection (2). Alternative method of advertising a sale (2) A landlord may prevent a tenant who owns a mobile home from placing a for sale sign in a window of a mobile home if all of the following conditions are met: 1. The prohibition applies to all tenants in the mobile home park. 2. The landlord provides a bulletin board for the purpose of placing for sale advertisements. 3. The bulletin board is provided to all tenants in the mobile home park free of charge. 4. The bulletin board is placed in a prominent place and is accessible to the public at all reasonable times. 1997, c. 24, s. 107.
Assignment
108. A landlord may not refuse consent to the assignment of a site for a mobile home on a ground set out in clause 17 (2) (b) or 17 (3) (c) if the potential assignee has purchased or has entered into an agreement to purchase the mobile home on the site. 1997, c. 24, s. 108.
Restraint of trade prohibited
109. (1) A landlord shall not restrict the right of a tenant to purchase goods or services from the person of his or her choice, except as provided in subsection (2). Standards (2) A landlord may set reasonable standards for mobile home equipment. 1997, c. 24, s. 109.
Responsibility of landlord
110. (1) A landlord is responsible for, (a) removing or disposing of garbage or ensuring the availability of a means for removing or disposing of garbage in the mobile home park at reasonable intervals; (b) maintaining mobile home park roads in a good state of repair; (c) removing snow from mobile home park roads; (d) maintaining the water supply, sewage disposal, fuel, drainage and electrical systems in the mobile home park in a good state of repair; (e) maintaining the mobile home park grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and (f) repairing damage to a tenant’s property, if the damage is caused by the wilful or negligent conduct of the landlord. Application for relief (2) A tenant or former tenant may apply to the Tribunal for relief as a result of a breach of the landlord’s obligations under this section if the application is made within one year after the date the landlord breached the obligation. Order (3) In an order under this section, the Tribunal may, (a) terminate the tenancy; (b) order an abatement of the rent; (c) authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant; (d) order the landlord to do specified repairs or other work within a specified time; (e) make any other order the Tribunal considers appropriate. Same (4) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal. 1997, c. 24, s. 110. Termination of Tenancies
Mobile home abandoned
111. (1) This section applies if, (a) the tenant has vacated the mobile home in accordance with, (i) a notice of termination of the landlord or the tenant, (ii) an agreement between the landlord and tenant to terminate the tenancy, or (iii) an order of the Tribunal terminating the tenancy; or (b) the landlord has applied for an order under section 78 and the Tribunal has made an order terminating the tenancy. Notice to tenant (2) The landlord shall not dispose of a mobile home without first notifying the tenant of the landlord’s intention to do so, (a) by registered mail, sent to the tenant’s last known mailing address; and (b) by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located. Landlord may dispose of mobile home (3) The landlord may sell, retain for the landlord’s own use or dispose of a mobile home in the circumstances described in subsection (1) beginning 60 days after the notices referred to in subsection (2) have been given if the tenant has not made a claim with respect to the landlord’s intended disposal. Same (4) If, within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has already sold, the landlord shall pay to the tenant the amount by which the proceeds of sale exceed the sum of, (a) the landlord’s reasonable out of pocket expenses incurred with respect to the mobile home; and (b) any arrears of rent of the tenant. Same (5) If within six months after the day the notices have been given under subsection (2) the tenant makes a claim for a mobile home which the landlord has retained for the landlord’s own use the landlord shall return the mobile home to the tenant. Same (6) Before returning a mobile home to a tenant who claims it within the 60 days referred to in subsection (3) or the six months referred to in subsection (5), the landlord may require the tenant to pay the landlord for arrears of rent and any reasonable expenses incurred by the landlord with respect to the mobile home. No liability (7) Subject to subsection (4) or (5), a landlord is not liable to any person for selling, retaining or otherwise disposing of the property of a tenant in accordance with this section. 1997, c. 24, s. 111.
Death of mobile home owner
112. Sections 49 and 50 do not apply if the tenant owns the mobile home. 1997, c. 24, s. 112.
Extended notice of termination, special cases
113. If a notice of termination is given under section 53 with respect to a tenancy agreement for a mobile home owned by the tenant, the date for termination specified in the notice shall be at least one year after the date the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 113. Rules Related to Rent and Other Charges
New tenant
114. (1) Despite subsection 17 (8) and section 124, if a new tenant of a site for a mobile home has purchased or has entered into an agreement to purchase the mobile home located on the site, the landlord may not charge the new tenant a rent that is greater than the last lawful rent charged plus the prescribed amount. Same (2) If an assignee of a tenant of a site for a mobile home has purchased or has entered into an agreement to purchase the mobile home located on the site, the assignee shall be deemed to be a new tenant for the purposes of subsection (1). Exception (3) Subsection 138 (11) does not apply with respect to a site for a mobile home if there is a new tenancy agreement with respect to the site and the new tenant purchased or has entered into an agreement to purchase the mobile home located on the site. 1997, c. 24, s. 114.
Entrance and exit fees limited
115. A landlord shall not charge for any of the following matters, except to the extent of the landlord’s reasonable out of pocket expenses incurred with regard to those matters: 1. The entry of a mobile home into a mobile home park. 2. The exit of a mobile home from a mobile home park. 3. The installation of a mobile home in a mobile home park. 4. The removal of a mobile home from a mobile home park. 5. The testing of water or sewage in a mobile home park. 1997, c. 24, s. 115. Proceedings before the Tribunal
Increased capital expenditures
116. (1) If the Tribunal finds that a capital expenditure is for infrastructure work required to be carried out by the Government of Canada or Ontario or a municipality or an agency of any of them, despite subsections 138 (9) and (10), the Tribunal may determine the number of years over which the rent increase justified by that capital expenditure may be taken. Definition (2) In this section, “infrastructure work” means work with respect to roads, water supply, fuel, sewage disposal, drainage, electrical systems and other prescribed services and things provided to the mobile home park. 1997, c. 24, s. 116. PART VI   RULES RELATING TO RENT General Rules
Security deposits, limitation
117. (1) The only security deposit that a landlord may collect is a rent deposit collected in accordance with section 118. Definition (2) In this section and section 118, “security deposit” means money, property or a right paid or given by, or on behalf of, a tenant of a rental unit to a landlord or to anyone on the landlord’s behalf to be held by or for the account of the landlord as security for the performance of an obligation or the payment of a liability of the tenant or to be returned to the tenant upon the happening of a condition. 1997, c. 24, s. 117.
Rent deposit may be required
118. (1) A landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement. Amount of rent deposit (2) The amount of a rent deposit shall not be more than the lesser of the amount of rent for one rent period and the amount of rent for one month. Same (3) If the lawful rent increases after a tenant has paid a rent deposit, the landlord may require the tenant to pay an additional amount to increase the rent deposit up to the amount permitted by subsection (2). Qualification (4) A new landlord of a rental unit or a person who is deemed to be a landlord under subsection 47 (1) of the Mortgages Act shall not require a tenant to pay a rent deposit if the tenant has already paid a rent deposit to the prior landlord of the rental unit. Exception (5) Despite subsection (4), if a person becomes a new landlord in a sale from a person deemed to be a landlord under subsection 47 (1) of the Mortgages Act, the new landlord may require the tenant to pay a rent deposit in an amount equal to the amount with respect to the former rent deposit that the tenant received from the proceeds of sale. Interest (6) A landlord of a rental unit shall pay interest to the tenant annually on the amount of the rent deposit at the rate of 6 per cent per year. Same (7) Where the landlord has failed to make the payment required by subsection (6) when it comes due, the tenant may deduct the amount of the payment from a subsequent rent payment. Rent deposit applied to last rent (8) A landlord shall apply a rent deposit that a tenant has paid to the landlord or to a former landlord in payment of the rent for the last rent period before the tenancy terminates. Transitional (9) A security deposit paid before the day this section is proclaimed in force shall be deemed to be a rent deposit for the purposes of this section. 1997, c. 24, s. 118.
Rent deposit, prospective tenant
118.1 (1) A landlord shall repay the amount received as a rent deposit in respect of a rental unit if vacant possession of the rental unit is not given to the prospective tenant. 2001, c. 9, Sched. J, s. 4 (6). Exception (2) Despite subsection (1), if the prospective tenant, before he or she would otherwise obtain vacant possession of the rental unit, agrees to rent a different rental unit from the landlord, (a) the landlord may apply the amount received as a rent deposit in respect of the other rental unit; and (b) the landlord shall repay only the excess, if any, by which the amount received exceeds the amount of the rent deposit the landlord is entitled to receive under section 118 in respect of the other rental unit. 2001, c. 9, Sched. J, s. 4 (6).
Post-dated cheques
119. Neither a landlord nor a tenancy agreement shall require a tenant to provide post-dated cheques or other negotiable instruments for payment of rent. 1997, c. 24, s. 119.
Receipt for payment
120. A landlord shall provide free of charge to a tenant, upon the tenant’s request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord. 1997, c. 24, s. 120. General Rules Concerning Amount of Rent Charged
Landlord not to charge more than lawful rent
121. (1) No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under this Part. Lawful rent where discounts offered (2) Where a landlord offers a discount in rent at the beginning of, or during, a tenancy, the lawful rent shall be calculated in accordance with the prescribed rules. Lawful rent where higher rent for first rental period (3) Where the rent a landlord charges for the first rental period of a tenancy is greater than the rent the landlord charges for subsequent rental periods, the lawful rent shall be calculated in accordance with the prescribed rules. 1997, c. 24, s. 121.
Landlord’s duty, rent increases
122. No landlord shall increase the rent charged to a tenant for a rental unit, except in accordance with this Part. 1997, c. 24, s. 122. Lawful Rent
Lawful rent when this Act comes into force
123. Unless otherwise prescribed, the lawful rent charged to a tenant for a rental unit for which there is a tenancy agreement in effect on the day this Part comes into force shall be the rent that was charged on the day before this section came into force or, if that amount was not lawfully charged under the Rent Control Act, 1992, the amount that it was lawful to charge on that day. 1997, c. 24, s. 123.
New tenant
124. Subject to section 121, the lawful rent for the first rental period for a new tenant under a new tenancy agreement is the rent first charged to the tenant. 1997, c. 24, s. 124. Miscellaneous new tenancy agreements
Assignment without consent
125. (1) If a person occupies a rental unit as a result of an assignment of the unit without the consent of the landlord, the landlord may negotiate a new tenancy agreement with the person. Overholding subtenant (2) If a subtenant continues to occupy a rental unit after the end of the subtenancy and the tenant has abandoned the rental unit, the landlord may negotiate a new tenancy agreement with the subtenant. Limitation (3) Section 124 applies to tenancy agreements entered into under subsection (1) or (2) if they are entered into no later than 60 days after the landlord discovers the unauthorized occupancy. Deemed assignment (4) A person’s occupation of a rental unit shall be deemed to be an assignment of the rental unit with the consent of the landlord as of the date the unauthorized occupancy began if, (a) a tenancy agreement is not entered into under subsection (1) or (2) within the period set out in subsection (3); (b) the landlord does not apply to the Tribunal under section 81 for an order evicting the person within 60 days of the landlord discovering the unauthorized occupancy; and (c) neither the landlord nor the tenant applies to the Tribunal under section 82 within 60 days after the end of the subtenancy for an order evicting the subtenant. 1997, c. 24, s. 125.
12-month rule
126. (1) A landlord who is lawfully entitled to increase the rent charged to a tenant for a rental unit may do so only if at least 12 months have elapsed, (a) since the day of the last rent increase for that tenant in that rental unit, if there has been a previous increase; or (b) since the day the rental unit was first rented to that tenant, otherwise. Exception (2) An increase in rent under section 132 shall be deemed not to be an increase in rent for the purposes of this section. 1997, c. 24, s. 126.
Notice of rent increase required
127. (1) A landlord shall not increase the rent charged to a tenant for a rental unit without first giving the tenant at least 90 days written notice of the landlord’s intention to do so. Same (2) Subsection (1) applies even if the rent charged is increased in accordance with an order under section 138. Contents of notice (3) The notice shall be in a form approved by the Tribunal and shall set out the landlord’s intention to increase the rent and the amount of the new rent. Increase void without notice (4) An increase in rent is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice. 1997, c. 24, s. 127.
Deemed acceptance where no notice of termination
128. A tenant who does not give a landlord notice of termination of a tenancy under section 46 after receiving notice of an intended rent increase under section 127 shall be deemed to have accepted whatever rent increase would be allowed under this Act after the landlord and the tenant have exercised their rights under this Act. 1997, c. 24, s. 128. Guideline
Guideline increase
129. (1) No landlord may increase the rent charged to a tenant or to an assignee under section 17 during the term of their tenancy by more than the guideline except in accordance with sections 130 to 139. 1997, c. 24, s. 129 (1). Guideline (2) The Minister shall determine the guideline in effect for each calendar year as follows: 1. Determine the rent control index taking into account the weights and the three year moving averages of the operating cost categories as set out in the prescribed Table. 2. The guideline is, i. for any year after 2004, 55 per cent of the percentage increase in the rent control index, rounded to the nearest 1/10th of 1 per cent, and ii. for 2004, 2.9 per cent, as published in The Ontario Gazette dated August 30, 2003. 3. Repealed: 2004, c. 7, s. 18. 1997, c. 24, s. 129 (2); 2004, c. 7, s. 18. Publication of guideline (3) The Minister shall have the guideline for each year published in The Ontario Gazette not later than the 31st day of August of the preceding year. 1997, c. 24, s. 129 (3). Guideline for 1997, 1998 (4) The guideline for the calendar year 1997 and for the calendar year 1998 shall be the rent control guideline for each of those years established under the Rent Control Act, 1992. 1997, c. 24, s. 129 (4). Agreements to Increase, Decrease Rent
Agreement
130. (1) A landlord and a tenant may agree to increase the rent charged to the tenant for a rental unit above the guideline if, (a) the landlord has carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase; or (b) the landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase. Same (2) An agreement under subsection (1) shall be in the form approved by the Tribunal and shall set out the new rent, the tenant’s right under subsection (4) to cancel the agreement and the date the agreement is to take effect. Same (3) A landlord shall not increase rent charged under this section by more than the guideline plus 4 per cent of the previous lawful rent charged. Right to cancel (4) A tenant who enters into an agreement under this section may cancel the agreement by giving written notice to the landlord within five days after signing it. Agreement in force (5) An agreement under this section may come into force no earlier than six days after it has been signed. Notice of rent increase not required (6) Section 127 does not apply with respect to a rent increase under this section. When prior notice void (7) Despite any deemed acceptance of a rent increase under section 128, if a landlord and tenant enter into an agreement under this section, a notice of rent increase given by the landlord to the tenant before the agreement was entered into becomes void when the agreement takes effect, if the notice of rent increase is to take effect on or after the day the agreed to increase is to take effect. 1997, c. 24, s. 130.
Tenant application
131. (1) A tenant or former tenant may apply to the Tribunal for relief if the landlord and the tenant or former tenant agreed to an increase in rent under section 130 and, (a) the landlord has failed in whole or in part to carry out an undertaking under the agreement; (b) the agreement was based on work that the landlord claimed to have done but did not do; or (c) the agreement was based on services that the landlord claimed to have provided but did not do so. Time limitation (2) No application may be made under this section more than two years after the rent increase becomes effective. Order (3) In an application under this section, the Tribunal may find that some or all of the rent increase above the guideline is invalid from the day on which it took effect and may order the rebate of any money consequently owing to the tenant or former tenant. 1997, c. 24, s. 131.
Additional services, etc.
132. (1) A landlord may increase the rent charged to a tenant for a rental unit as prescribed at any time if the landlord and the tenant agree that the landlord will add any of the following with respect to the tenant’s occupancy of the rental unit: 1. A parking space. 2. A prescribed service, facility, privilege, accommodation or thing. Non-application of 12-month rule, notice of rent increase (2) Sections 126 and 127 do not apply with respect to a rent increase under this section. 1997, c. 24, s. 132.
Coerced agreement void
133. An agreement under section 130 or 132 is void if it has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord. 1997, c. 24, s. 133.
Decrease in services, etc.
134. A landlord shall decrease the rent charged to a tenant for a rental unit as prescribed if the landlord and the tenant agree that the landlord will cease to provide anything referred to in subsection 132 (1) with respect to the tenant’s occupancy of the rental unit. 1997, c. 24, s. 134. Increase Based on Rent Control Act, 1992
Increase based on Rent Control Act, 1992
135. (1) If, on or after May 3, 2006, a landlord increased rent under this section, as it read on that day, (a) any amount collected by the landlord from the tenant in excess of the amount that the landlord would otherwise have been authorized to collect shall be deemed to be money the landlord collected in contravention of this Act; and (b) any amount referred to in clause (a) that was charged or collected by the landlord before the day the Residential Tenancies Act, 2006 received Royal Assent shall be deemed to have been charged and collected on the day that Act received Royal Assent. 2006, c. 17, s. 258 (1). Same (2) Subsection (1) does not apply if notice of the rent increase was given in accordance with this Act before May 3, 2006. 2006, c. 17, s. 258 (1). Reduction of Rent – Municipal Taxes Reduced