Law 2101 - Residential Landlord And Tenant Law

Front 1

On September 1, 2008, John, a UWO student, moved into a rental unit owned by Mrs. Wilk. He signed a one year lease. Unfortunately, John partied a bit too much, and had to withdraw from UWO in December 2008 and move back in with his parents. He told Mrs. Wilk that he was leaving, and moved out of the rental unit on December 31, 2008. Mrs. Wilk took no steps to find a new tenant, despite the many requests she received to rent the unit.

Mrs. Wilk subsequently filed an application at the Landlord and Tenant Board, claiming for the remaining 8 months of rent. She argued that as John had signed a 1 year lease, that he should be required to pay the full 8 months' rent owing. Should her claim for the full 8 months' rent succeed? Why/why not?

1) No, as the reason why John had to vacate the rental unit was beyond his control.
2) No, as Mrs. Wilk did not take reasonable steps to reduce her losses.
3) Yes. John signed a contract, and is required to pay the entire amount under it.
4) Yes. John should have found someone to take over his lease.

Back 1

2) No, as Mrs. Wilk did not take reasonable steps to reduce her losses.

A person who suffers a loss, such as reduced future payments of rent, is required to take steps to reduce his or her losses. This is called mitigation of damages.

Front 2

How many hours notice, if any, must a landlord give before entering a rental unit to make repairs?

1) None, because repairs are for the benefit of the tenant(s)
2) 12
3) 24
4) 48

Back 2

3) A landlord must give 24 hours notice before entering a rental unit to make repairs.

Front 3

Suzanne became aware that her furnace was broken on December 1, 2010. She informed the landlord that same day; however, he refused to have it repaired. Accordingly, also on that same date, Suzanne paid $500 for an emergency repair service to fix the furnace. By what date must Suzanne file an application at the Landlord and Tenant Board to recover this amount?

1) December 1, 2012
2) December 1, 2011
3) December 1, 2013
4) December 31, 2010

Back 3

2) December 1, 2011. A tenant has 1 year from the date of the alleged conduct to file an application at the Landlord and Tenant Board.

Front 4

How much rent may a landlord charge a new tenant for a rental unit, when the rent for the previous tenant was $1000/month?

1) Whatever amount the landlord chooses to charge.
2) $1,000 + the current Consumer Price Index
3) $1,000
4) $1,060 (i.e., a 6% increase)

Back 4

1) Whatever amount the landlord chooses to charge. The provisions governing rent increases only apply throughout a tenancy. They do not apply to a new tenant. A landlord can charge a new tenant whatever he or she wants, and can get for the rental unit.

Front 5

Interest on the rent deposit is to be paid annually to the tenant at a rate of:


1) 6%
2) 2%
3) A variable % determined by the Consumer Price Index (CPI)
4) 10%

Back 5

3) A variable % determined by the Consumer Price Index (CPI). The interest on a rent deposit is determined annually, based on the Consumer Price Index.

Front 6

True or False:

Leah pays $650/month for a one-bedroom apartment. She can sublet the apartment to Joe for $800/month to make some extra money.

Back 6

False, this is not allowed.

Front 7

When does the term or period of tenancy begin?

Back 7

It begins on the day that the tenants is entitled to occupy the rental unit under the tenancy agreement. The actual occupancy of the rental unit is irrelevant.

Front 8

Is the landlord responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards, even if the tenant was aware of a state of non-repair before entering into the tenancy agreement?

Back 8

Yes.

Front 9

When can a landlord enter a rental unit without written notice?

Back 9

1. In cases of emergency
2. If the tenant consents to the entry at the time of the entry.

Front 10

When can a landlord enter the rental unit to clean without written notice?

Back 10

1. During times specified in the tenancy agreement
2. If no times are specified, the landlord enters the unit between the hours of 8am and 8pm.

Front 11

Under what conditions may a landlord enter a rental unit to show the unit to prospective tenants without written notice?

Back 11

1. If the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other
2. If the landlord enters the unit between the hours of 8am and 8pm and before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so.

Front 12

Under what circumstances may a landlord enter a rental unit with a written notice given to the tenant at least 24 hours before the time of entry?

Back 12

1. To carry out a repair or replacement or to do work on the rental unit
2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit
3. To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meanings of the Architects Act or another qualified person to make a physcial inspection of the rental unit to satisfy a requirement imposed under the Condominium Act.
4. To carry out an inspection if it is reasonable to do so or if the inspection is for the purpose of determining whether or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards.

Front 13

What do the contents of the notice have to specify when a landlord is entering a rental unit with a notice?

Back 13

It should specify the reason for the entry, day of the entry, and a time of the entry between the hours of 8am and 8pm.

Front 14

How long is the time limit associated with tenant applications?

Back 14

A tenant may apply for a tenant application within one year from the day the alleged conduct giving rise to the application occurred.

Front 15

Are tenants allowed to alter the locking system without the consent of the landlord?

Back 15

No.

Front 16

What damage is the tenant responsible for repairing?

Back 16

Any undue damage to the rental unit or residential complex caused by the willful or negligent conduct of the tenant, another occupant of the rental unit or any other person permitted into the residential complex by the tenant.

Front 17

When is a notice of tenancy termination not necessary?

Back 17

When the landlord and the tenant have come to an agreement to terminate the tenancy.

Front 18

When is a notice of termination from a tenant void?

Back 18

1. If it is given at the time the tenancy agreement is entered into
2. If it is given as a condition of entering into the tenancy agreement

Front 19

When an order is made to evict a tenant, how long before a landlord can sell, retain or otherwise dispose of the tenant's property?

Back 19

A full 72 hours.

Front 20

If a tenant fails to pay rent and the landlord gives the tenant a notice of termination, how early is it effective?

Back 20

1. In the case of a daily or weekly tenancy, not earlier than the 7th day after the notice was given.
2. In all other cases, no earlier than the 14th day after the notice was given.

Front 21

What does the tenancy termination notice have to specify?

Back 21

It has to specify the amount of rent that is due and that the tenant can avoid the termination of the tenancy by paying on or before the date of termination specified in the notice.