Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020
Before the Covid-19 Pandemic happened, Bill 184 was introduced on March 12, and it includes changes which would improve the operating environment for small landlords and also provide new benefits to Tenants such as:
• New remedies for unpaid utilities such as water, heat, hydro, and gas
• Allowing landlords to file an application to the Landlord and Tenant Board after tenancy is finished for monies owed no later than one year after the tenant or former tenant ceased to be in possession of the unit. (Before, only tenant was able to file an application with Landlord and Tenant Board after the lease or tenancy was finished). According to this new change, landlords are not required to file an application with Small Claims Court.
• If there is a breach of lease agreement, it is an option to have pre-hearing repayment agreement which can include ex-parte eviction order without a hearing.
• If tenant damage the unit due to their behaviour such as destroying the Carbon Monoxide detector, the Landlord can apply to the landlord and Tenant Board for compensation.
• If landlord serve improper notice of rent increase and the tenant has paid the increased rent for 12 consecutive months and has not disputed the rent increase, the rent increase notice will be deemed lawful.
• In case of landlord’s bad faith:
1. The fines has been doubled, individual fines from $25,000 to $50,000 and corporations from $100,000 to $250,000
2. paying new tenant’s rent for 12 months
3. If purchaser wants to use the unit, landlord must compensate 1 month’s rent to the tenant
4. If there are fewer than 5 rental units, landlord must compensate 1 month’s rent to the tenants for renovation or repairs of the rental unit
5. Tenant has 2 years limitation period to file an application with Landlord and Tenant Board for bad faith compensation.
6. Considering previous behaviour of the landlord in case of N12 or N13 application.
7. The Notice to Terminate at End of the Term for Landlord’s or Purchaser’s Own Use (N12) and Notice to Terminate at End of the Term for Conversion, Demolition, or Repairs (N13) have been revised according to the new bill