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What is Residential Landlord and Tenant Law and how does Tenant Responsibilities relate?

Residential Landlord and Tenant Law is a section of law that governs the contractual relations between landlords and tenants (Olivo, 2014). The Residential Tenancies Act, 2006 is the most important document that dictates this relationship. It is meant to rectify the imbalance of power between landlord and tenant.

The Tenant Responsibilites outlined in the Part IV of the Act describe the obligations of the tenant who has entered into a contract with the landlord (Residential Tenancies Act, 2006). The gist of the section is for tenants to not change the locks on the rental unit without the consent of the landlord. If this happens, they have to pay for replacement of the locks or provide the landlord with the new keys to the unit. The Act also calls for tenants to not harass the landlord in anyway.

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The hyperlinked Residential Tenancies Act is the primary document on which landlords and tenants must rely on to govern their behaviours and their legal actions.

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The section relating to tenant responsibilities is not very large. While it may seem that many responsibilities are expected of either sides, the list of legal obligations by tenants is much smaller than landlords (Residential Tenancies Act, 2006).

The responsibilities of landlords and tenants make it easy to remember. The commonalities include he obligations to refrain from harrassment, changing locks, and being responsible for the repairs in the unit (Residential Tenancies Act, 2006). Repairs in this case, necessitated by the fault of the tenant is the tenants responsibility while defaults in the unit itself is the responsibility of the landlord.

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The linked article describes the story of a Calgary man who changed the locks on his rental unit following the [self] declaration of his unit as an embassy. This is a prime example of how a tenant should not respect the responsibilities expected of him. The link below also includes a short clip about the case.

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CALGARY - The landlord at the centre of a widely publicized dispute with her 'Freeman-on-the-Land' tenant got to view her Parkdale duplex for the first time in 15 months on Monday.

Rebekah Caverhill has been locked in a battle with Andreas Pirelli, whose real name is Mario Antonacci, after he declared the rental a 'sovereign embassy' for the so-called Freeman-on-the-Land movement.

Pirelli allegedly changed the locks and refused to leave, but was arrested by Calgary Police on Friday on outstanding warrants in Quebec.

Police confirmed on Friday night that six squatters still inside the Parkdale duplex even after Pirelli's arrest had left.

An eviction notice stated that the house had to be vacated by Friday at midnight. Police say the remaining people inside the home left without trouble, before the deadline.

Caverhill currently lives in Sylvan Lake, but travelled to Calgary to view her rental property.

"I'm glad my dad isn't alive, because he would be so upset," she says, of the nearly unrecognizable home. "He worked so hard, he had everything so pristine. And this looks like a knocker-downer."

The kitchen and bathroom were completely gutted by Antonacci, who told Caverhill he was a handyman and convinced her to let him make improvements. There are now two liens on her home as a result, and Caverhill says she worries about future victims.

"There are people who talk a good game. He's a good con artist, I'll tell you that."
GALLERY: Inside the Calgary duplex declared a Freeman-on-the-Land Embassy by a troublesome tenant.
Pirelli met with a justice of the peace on Friday morning, and will be remanded in custody for the next six days until he is transported back to Quebec.

Police say at this point, they don't anticipate laying any criminal charges against Pirelli.

However, he had been charged with being an unlicensed contractor, following an undercover sting by Service Alberta.

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A look inside the former 'Freeman embassy'

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CALGARY - The landlord at the centre of a widely publicized dispute with her 'Freeman-on-the-Land' tenant got to view her Parkdale duplex for the first time in 15 months on Monday. Rebekah Caverhill has been locked in a battle with Andreas Pirelli, whose real name is Mario Antonacci, after he declared the rental a 'sovereign embassy' for the so-called Freeman-on-the-Land movement.

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Although the above linked case takes place in Alberta, the story is relevant regarding the tenancy laws that renters are required to follow. The man in question was eventually arrested on an outstanding warrant from Quebec. The suspect was a member of the 'Free-man on the Land' movement, who's primary belief is that laws and statutes only apply when one consents to them.

The case is a primary example of how a renter forgoes the responsibility to respect residential law. Tenants cannot change locks on their unit without the consent of their landlord. The suspect in the case not only changed the locks, he also refused to provide the landlord with a copy of the corresponding set of keys.

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The linked news provides advice on how to to go about becoming knowledgeable about the law. The article interviews Gerry Baxter, the Executive Director of the Calgary Residential Renters Association.The article also provides a short clip regarding the subject.

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TORONTO - An Alberta renter who declared the landlord's property an embassy, changed the locks and charged for renovations is an extreme example of when tenancy goes awry, but a rental rights advocate says he encounters scores of similar problems each month.

"The fact tenants change locks, don't pay rent, do damage-those are regular, common occurrences...they are not unusual," said Calgary Residential Rental Association Executive Director Gerry Baxter.

Baxter receives up to 20 calls each week with landlords asking for help with such problems, and chalked it up to the need for more understanding of the regulated industry.

"Unfortunately, many of the smaller unit-holding landlords, moms and pops, just see it as way to make few extra dollars," he said. "Or they ignore the fact there are laws and don't realize that they're getting into a business."

Changing locks

Under Alberta legislation, Baxter notes that it's an offence for a renter to change the locks without permission from their landlord. He said a landlord should first contact a tenant and tell them the locks need to be changed back immediately.

"If not, landlords can bring in a locksmith, change it back to where it was, make sure the tenant's got a key and give the bill to the tenant," he said. "Or because it's a breach of the legislation, landlords could also take steps to terminate the tenancy."

Alberta lawyer Shaun Cody, who has professional experience with eviction orders and personal experience as a landlord, said it might be better to get a court order directing a locksmith to change the locks, or to remove the tenant completely.

"I would suggest to get a court order in the face of that kind of conduct...to either terminate the lease or some sort of order against the tenant," said Cody, chair of the Civil Litigation Section of the Alberta branch of the Canadian Bar Association.

To terminate the tenancy and force the renter to vacate, Cody explains you'll need evidence in an affidavit.

"Soyou'll need sworn testimony detailing either they haven't paid the rent or they've harassed and bothered other tenants or engaged in something illegal," he said. "And with that kind of evidence, the court is likely going to say you've got until x date to pay the rent or you're out."

Refusing to leave

Baxter said if a landlord issues a notice to terminate a tenancy and the tenant doesn't leave, the landlord must go to court to have the courts "uphold and confirm the termination."

"In those cases, you're typically looking for an order of possession from courts, plus judgments for any outstanding expenses or financial liabilities the tenants owes," said Baxter, which applied in the case of the Freeman-on-the-Land renter that recently caught the public's attention.

Cody said a "worst-case scenario" when removing a tenant involves hiring a bailiff through a court order-someone licensed by the province under the civil enforcement act to remove a renter.

"If a person shows up and says, 'I'm not leaving, I don't care,' then there's the ability to seek police assistance and enforce the court order for vacant possession," said Cody.

Baxter noted once judgments are filed, credit bureaus will pick up that information and it will affect the likelihood that future landlords will rent to such tenants.

Alternatives to lawyers

While lawyers can be expensive, alternatives include making applications to provincial court, or using an Alberta program called the Residential Tenancy Dispute Resolution Service (RTDRS). Baxter said the RTDRS has exactly the same powers and authorities as courts under the residential tenancy legislation, but in a less intimidating boardroom-type setting. For people outside Edmonton and Calgary, the service even offers hearings by phone.

"It was launched in 2006, ran for a year as a pilot project, and was extremely successful," he said, noting it's also cheaper. He says there's a $75 filing fee at RTDRS as opposed to $100 at provincial court and $200 at the Court of Queen's Bench in Alberta.

There is no federal service overseeing residential tenancy, so the laws are different provincially and sometimes municipally. Other provinces also have resources for landlords and tenants, including links to print legislation, a list of common concerns accompanied by forms and instructions on how to complete them, tips on how to prepare for hearings and how to follow up on files online. Click to check out the resources for landlords and tenants in Nova Scotia, Quebec, Ontario, Manitoba, Saskatchewan, and British Columbia.

An ounce of prevention...

While it's useful to know what to do in messy situations, many problems can be avoided if you familiarize yourself with legislation early.

The Calgary Residential Rental Association offers a two-day course for landlords holding residential tenancies in Alberta who become members. The course helps people understand the sometimes confusing residential tenancy legislation and how to apply it.

Information includes getting into the business of being a landlord, things you need to know during the tenancy (changing locks, entering the unit, rental increases, tenant records and maintenance), and the process needed to terminate tenancies, plus any problems.

Baxter's advice includes:

"The difficulty with handshakes...if it ends up in the courts it becomes a 'he said, she said' scenario, and difficult to get at the truth. If committed to writing, it's right there in front of you," he said.

Thoroughly screen tenants by collecting and verifying personal information, confirming employment information, contacting current and previous landlords, and conducting a credit check.

Take immediate steps to resolve tenancy problems, and touch base with your province's rental association or speak with a lawyer before making big decisions.

If the situation escalates to a point where a landlord fears for their own safety, Baxter emphasizes the need to contact police.

"Sometimes landlords become very fearful of their tenants," he said. "We always advise landlords to contact police, ask them to standby to prevent a breach of the peace...just make sure nobody gets assaulted."

Baxter notes that despite police involvement such as an arrest, in order for a landlord to reclaim their property or terminate a tenancy, they still have to either issue notice or go directly to the courts.

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Landlord and tenant rights: what to do with a rental nightmare

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TORONTO - An Alberta renter who declared the landlord's property an embassy, changed the locks and charged for renovations is an extreme example of when tenancy goes awry, but a rental rights advocate says he encounters scores of similar problems each month.

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The Landlord and Tenants Board (LTB) helps administer the Residential Tenancies Act, 2006 in Ontario while assisting the resolution of conflicts between landlords and tenants (Olivo, 2014, pg. 278). The Board is one of several tribunals falling under the Social Justice Tribunals of Ontario. The following video is a clip introducing the Board

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Landlord and Tenant board.  About the board

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Information on the Landlord and Tenant Board The Ontario Residential Tenancies Act, 2006 covers most residential rental units including care homes, mobile homes, and boarding and houses. This law sets out the rights and responsibilities of landlords and tenants who rent residential properties. The Landlord and Tenant Board administers the Residential Tenancies Act, 2006 (the Act).

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The Landlord and Tenants Board website also provides news and updates regarding information important for tenants and landlords.

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Important Notice

Service Alert, for Landlord and Tenant Board, 150 King Street, St. Catharines ON L2R7R4, MTO Building Ground Floor Room A. Due to the detection of an unidentified odour, the St. Catharines hearings site of the Landlord and Tenant Board is closed. All hearings scheduled for today (Thursday March 29, 2018) have been postponed and will be rescheduled to a later date.

Our offices will be closed on Monday, April 2 for Easter Monday.

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Important Notice Service Alert, for Landlord and Tenant Board, 150 King Street, St. Catharines ON L2R7R4, MTO Building Ground Floor Room A. Due to the detection of an unidentified odour, the St. Catharines hearings site of the Landlord and Tenant Board is closed.

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Olivo, L. (2014). Introduction to law in Canada. Concord, ON: Captus Press.

Residential Tenancies Act, Statutes of Ontario (2006).Retrieved from: https://www.ontario.ca/laws/statute/06r17