Residential Tenancy Law for Landlords

The team at Gobin & Leyenson LLP doesn’t just advocate for you at the Landlord and Tenant Board. We can provide a number of additional services including:

• Advising on whether there are grounds for appealing orders of the Landlord and Tenant Board to the Divisional Court, and arguing those appeals at the Divisional Court if advisable.
• Determining whether the nature of a residential tenancy dispute requires proceeding at the Landlord and Tenant Board or the Superior Court of Justice.
• Providing formal opinions on your legal rights and liabilities for matters outside of the Landlord and Tenant Board.
• Drafting tenancy agreements that are legally enforceable and comply with the Residential Tenancies Act, 2006.
• Attempting to negotiate voluntary cash-for-keys deals with tenants and preparing supporting documents, when you do not otherwise have lawful grounds to bring a proceeding to evict a tenant.
• Applying for judicial review of a Landlord and Tenant Board order and making motions to stay orders pending judicial review.
• Providing advocacy services where tenants claim in excess of $35,000 and sue a landlord in the Superior Court of Justice instead of the Landlord and Tenant Board, such as claims for serious personal injury or property damage.
• Negotiating landlords’ property damage claims with insurance adjusters.

Eviction Applications

In Ontario, residential landlords may only evict a tenant through a lawful eviction. Understanding your rights as the landlord, your obligation to other tenants, and the options available to you, is a vital first step towards maximizing your success as a residential landlord. We understand how hard our landlord clients work to preserve their investments, and the importance of acting promptly to protect the landlord’s rights. From eviction notices and applications, to legal representation, we offer all services in relation to evictions.

• Non-payment of rent
• Landlord’s personal use
• Purchaser’s personal use
• Illegal acts or illegal business
• Persistent late payment of rent
• Interfering with lawful right, privilege or interest of the landlord or other tenants
• Overcrowding
• Damage to the rental unit or complex
• Demolition, conversion, or repairs
• Misrepresenting Income in a Rent-Geared-to-Income Unit
• Impairment of safety of another person
• Failure to comply with a mediated settlement agreement or an order of the Landlord and Tenant Board

Non-Eviction Applications

Not all residential tenancy issues involve evictions. Pursuing former tenants for damages, unpaid rent and utilities requires prompt and diligent action to maximize your results. Increasing rent above guidelines requires careful planning and calculations, to ensure you receive the maximum benefit from your investment. Explore all of our services to see how we can help you.

• Rent Increase per Guidelines
• Rent Increase above Guidelines (AGI)
• Rent Increase on Exempt Units
• Application against former tenants
  • Unpaid rent
  • Unpaid utilities
  • Damaged rental unit
• Tenant Changed the Locks
• Collecting Rent without Eviction
• Sublet or Assignment issues
• Payment Agreements with the Tenant

Responding to Tenant Applications

Are you facing allegations by your tenant or former tenant in relation to bad faith eviction, illegal charges, illegal entries, harassment, threats, interreference, or other issues? We will develop a thorough defence supported by the most up-to-date case precedents in an effort to minimize your legal exposure. With years of experience, our legal team thoroughly evaluates your risks, and provides a comprehensive plan of action in defending against a tenant’s accusations.

• Bad Faith Termination of Tenancy
• Illegal charges
• Illegal entries
• Change of locks (lock-out)
• Interference with reasonable enjoyment
• Harassment, coercion, threats
• Reduction of services or space
• Maintenance issues

Pre- and Post-LTB Litigation Services

If the facts of your case do not give you the right to evict a tenant without their consent, it may still be possible to secure a lawful termination through negotiations and an agreement to terminate the tenancy. Careful drafting of settlement documents and agreements to terminate are instrumental in ensuring and preventing future allegations by tenants. We offer a number of services prior to litigation, as well as after you receive your order from the Board, including enforcement of the eviction order and any award for monetary compensation.

• Negotiating cash-for-keys deals with tenants and preparing supporting documents, during the proceedings
• Request to Amend or Review an Order at the Landlord and Tenant Board
• Request to Re-Open Application at the Landlord and Tenant Board
• Enforcement of LTB Orders with the Sheriff’s Office
• Responding to Motions by Tenants
• Enforcement of LTB Orders for amounts owing through Small Claims Court
• Inquire with our office regarding Equifax Debt Reporting Services (conditions may apply)

Lawyer Services

Paralegals in Ontario have a limited scope of practice, and not all residential landlord related issues can be handled by a paralegal. Having a lawyer on your legal team means you don’t have to pursue different legal representation options when the permitted paralegal scope of practice is exhausted in your case. Your legal team at Gobin & Leyenson LLP offers services that cannot be offered by a licensed paralegal and we practice ethical litigation. Your matter will be first reviewed and researched in detail, with a full legal opinion containing our recommendations and reasons, prior to commencement of any appeals and/or judicial reviews if such are available to you.

• Determining whether the nature of a residential tenancy dispute requires proceeding at the Landlord and Tenant Board or the Superior Court of Justice
• Legal opinions, if you are not considering litigation
• Drafting tenancy agreements that are legally enforceable and comply with the Residential Tenancies Act, 2006
• Negotiating cash-for-keys deals with tenants and preparing supporting documents, when you do not have lawful grounds to evict
• Advising on grounds for reviewing orders of the Landlord and Tenant Board, including Requests for Review and appeals to the Divisional Court
• Appealing the order to the Divisional Court, on a question of law
• Judicial Review of the LTB Order and Motions to Stay Order pending Judicial Review

Other Advocacy & Advice

Not all residential landlord issues are under the jurisdiction of the Landlord and Tenant Board. Your legal team at Gobin & Leyenson LLP offers a variety of services to residential landlords, which may arise in relation to the rental unit or residential tenancy that involve legal issues in a higher court or non-litigation advice that only lawyers are authorized to provide. View our comprehensive list of services to learn more, and if you don’t see your issue on the list, contact us to see how we can be of assistance.

• Insurance claims and defence arising from fire, water, or other damage to a rental unit
• Defending against criminal or provincial offence allegations by tenants
• Liaising with law enforcement where tenants threaten landlords or commit other illegal acts
• Defending against allegations of contempt of Board orders
• Defending against requests by tenants to impose administrative fines on landlords
• Assisting with false reviews on Google, Facebook, and Instagram, and other defamation-related advocacy services
• Disputing predatory HVAC or other agreements affecting a property