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Posted on January 23rd, 2017 at 03:39 pm
The Landlord And Tenant Board (LTB) resolves disputes between residential landlords and tenants. Landlords and tenants both have rights and responsibilities under the Residential Tenancies Act, 2006.
In Ontario, a paralegal is licensed to represent you at the LTB.
In a tenancy agreement, both the landlord and the tenant contract to take on certain responsibilities. The Residential Tenancies Act includes responsibilities that are mandatory in these agreements. Mandatory provisions must be met by both landlords and tenants. Other responsibilities can be agreed to between the landlord and tenant. These additional agreements can be oral but are always best done in writing to avoid misunderstandings.
Disputes between landlords and tenants can occur when either the landlord or the tenant feel that the other party has not fulfilled one or more of their responsibilities. Most common disputes heard at the Board include applications for evictions, applications resulting from non-payment of rent, damage caused to rental unit, applications about tenant rights and tenant applications about maintenance.
It is often inevitable that some disagreement will occur between a landlord and a tenant. The best first step is to discuss the situation and try to work out a solution that both sides can live with. If an agreement is reached, make sure it is in writing. If an agreement cannot be reached, the tenant or landlord should make sure the problem has been written down in a letter and given to the other side. It is important to have problems documented to show that the issue was brought to the other side’s attention.
If a solution to the dispute is not found easily at the beginning, then the situation usually gets worse without some outside help. Contacting a paralegal early in a potential dispute will enhance the chances of resolving the issue amicably. A paralegal can offer an objective viewpoint on the issue and also understands the law.
If all else fails, the paralegal knows the process and procedures of the Landlord and Tenant Board. The key to resolution of the dispute is understanding the remedies that are available and how to follow the established procedures. The process leads to a legally enforceable decision.
J & N Paralegal services offers a free consultation to discuss your situation. We can then advise you on the merits of your case and explain the process and potential outcomes. We can assist you with negotiating with the other side to try and settle the matter prior to starting an action with the Landlord and Tenant Board. However, if this is unsuccessful we are able to represent you at the Landlord and Tenant Board.
The basis of the agreement between a landlord and a tenant is the lease. However, there are often situations where there is no written lease and the "contract" is an oral agreement or the terms of the agreement are simply implied. These are all legal agreements but if not written may be somewhat more difficult to interpret and enforce.
Also, the law in Ontario does not allow landlords and tenants simply to negotiate the terms of their own deal. The Residential Tenancies Act mandates certain minimum standards and imposes rights, and responsibilities on both landlords and tenants.
Regardless of your written agreement, if the contract includes terms that are not in accordance with the provisions of the Residential Tenancies Act, those terms will be deemed to be void. You cannot negotiate away your rights and responsibilities under the law.
The lease contract agreement and the applicable law makes a landlord and tenant dispute somewhat difficult to resolve if you have not experienced this kind of problem before.
Landlord and tenant disputes usually start over simple issues and are best resolved between the parties in a face to face discussion. However, if this approach does not solve the issue, then the situation can get much more complicated in a hurry.
Hiring legal representation, either a paralegal or a lawyer, is your best choice in resolving your issue with an informed and objective opinion. Failing a satisfactory resolution, your legal representative can then represent you at the Landlord and Tenant Board and follow the process through to conclusion with a legally enforceable decision.
Hiring a paralegal is a great choice because they are licensed legal professionals who can guide you through the various steps of your case with the Landlord and Tenant Board.
At this point you will probably choose to go to court with a paralegal on your side. Contact Lyndsay at J&N Paralegal Services.
J&N Paralegal currently offers services in Innisfil, Barrie, Newmarket, King City, Orillia, Midhurst, Bradford, Midland, Collingwood, Wasaga Beach, Angus, Coldwater and nearby areas.
image by stuart miles, courtesy of freedigitalphotos.net
The information included in this blog is not legal advice and is not intended to be used as an alternative to legal advice. It is for general information purposes only. If you think you require legal assistance or advice, please contact our office or contact another licensee (Paralegal or Lawyer).
The information presented on this website is for informational purposes only and does not constitute legal advice. Please consult with a legal service provider (Lawyer or Paralegal) for advice about your individual situation. You may contact this office by way of electronic mail, telephone or in person. Please be advised that contacting the office through the website does not create a formal relationship with J&N Paralegal Services. A formal relationship is created when J&N Paralegal Services has been properly retained, by way of a duly executed retainer agreement, to act on your behalf. Until a formal relationship has been established, please withhold from sending any confidential information regarding your matter.