DOES THE RESIDENTIAL TENANCIES ACT APPLY?
When dealing with any sort of landlord and tenant dispute, the first question that needs to be asked and answered is whether the Residential Tenancies Act, 2006 (the RTA) applies. There is an assumption that the Act applies to ALL rental housing in Ontario. While mostly true, there are a few exceptions and exemptions to the act. A Mississauga Landlord and Tenant Board Paralegal can help.
Section 5 of the Residential Tenancies Act, 2006, provides a few examples of exemptions to the Act:
- Accommodation intended to be provide to travelling or vacationing public. Certain examples of this includes: hotel, motel, inn, cottage, campground or trailer park;
- Living accommodations solely provided for an employment;
- Accommodation that is a member of a unit of a non-profit housing co-operative;
- Living accommodation occupied by a person for penal or correctional purposes;
- Accommodation provided by an education institution;
- Living accommodation whose occupant(s) share a bathroom or kitchen with the owner.
There are a lot of details surrounding the exemptions and exceptions from the RTA. If you do not know if the Act applies to your case, regardless if you are a landlord or a tenant, there may be an application that can be filed Board in order to determine if the Act applies or not.
If you are a tenant or a landlord that has questions about maintenance in the rental property, it is important that you contact a legal representative with your concerns as there is a lot to know about this topic. We believe affordable justice matters and should be accessible to everyone. Trust the professional advice of Balatidis Legal Services; landlord and tenant board paralegals servicing Mississauga, Brampton, Toronto, Oakville, Burlington and Hamilton.
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