Toronto Tenants Unite!: Re: Repairs needed but behind in rent by one month

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Re: Repairs needed but behind in rent by one month

Posted by KMILBURN on 10/15/2008, 9:26 am, in reply to "Repairs needed but behind in rent by one month"

Rent arrears and persistent lateness are the top causes of eviction in Ontario.

The RTA has two sections that protect tenants when organizing a tenant association and when participating in a tenant association.

There is always the T2 application (no cost to the tenant to file) at the LTB if the landlord harasses the tenant.

Bottom line is to get the rent paid up. But even if you don't have the rent paid up that doesn't give the landlord he right not to do repairs or keep the maintenance up.

The landlord won't be able to bring up the rent owing at your hearing unless he files a cross application for rent arrears to be heard on the same hearing date.

One of the differences between the TPA and the RTA is that under the RTA you can now bring up the lack of maintenance and repairs in eviction hearings. If the lack of maintenance is considered a "serious breach" then proceedings can be halted (or dismissed) until repairs are done. But don't rely on this part of the legislation as it's not adjudicated in an equitable manner at the board.

--Previous Message--
: hi all I need some advice, our neighbour is
: behind in rent by one month, she has fallen
: on hard times, she would like to support us
: for our issue with the landlord about many
: repairs that need to be done with the
: building. She is afraid that if she helps us
: there will be repercussions against her by
: trying to evict her for being behind by one
: month. Our apartments are bad our ceiling
: fell down in june and has not been fixed our
: faucet is broken in both apartments Black
: mold in both apartments and the public
: health has been called.. 1 inch crack wide
: and it runs from floor to ceiling so the
: crack is 8' tall and he said it was cosmetic
: and will not fix it. We have a date for
: court on oct21/08 and I hope that this issue
: will be fixed. Any advice for my neighbour
: on the subject..
:

Message Thread:

Repairs needed but behind in rent by one month - Darren 10/2/2008, 11:12 pm
- Re: Repairs needed but behind in rent by one month - KMILBURN 10/15/2008, 9:26 am
  - Re: Repairs needed but behind in rent by one month - Darren 10/19/2008, 10:23 am
    - Re: Repairs needed but behind in rent by one month - Pat 10/20/2008, 1:50 pm
      - Re: Repairs needed but behind in rent by one month - Darren 10/21/2008, 3:16 pm
        
        LL taking pictures - Darren 10/22/2008, 10:49 am
        
        Re: LL taking pictures - KMILBURN 10/25/2008, 1:07 am
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--Previous Message-- : Rent arrears and persistent lateness are the : top causes of eviction in Ontario. : : The RTA has two sections that protect : tenants when organizing a tenant association : and when participating in a tenant : association. : : There is always the T2 application (no cost : to the tenant to file) at the LTB if the : landlord harasses the tenant. : : Bottom line is to get the rent paid up. But : even if you don't have the rent paid up that : doesn't give the landlord he right not to do : repairs or keep the maintenance up. : : The landlord won't be able to bring up the : rent owing at your hearing unless he files a : cross application for rent arrears to be : heard on the same hearing date. : : One of the differences between the TPA and : the RTA is that under the RTA you can now : bring up the lack of maintenance and repairs : in eviction hearings. If the lack of : maintenance is considered a "serious : breach" then proceedings can be halted : (or dismissed) until repairs are done. But : don't rely on this part of the legislation : as it's not adjudicated in an equitable : manner at the board. : : --Previous Message-- : hi all I need some advice, our neighbour is : behind in rent by one month, she has fallen : on hard times, she would like to support us : for our issue with the landlord about many : repairs that need to be done with the : building. She is afraid that if she helps us : there will be repercussions against her by : trying to evict her for being behind by one : month. Our apartments are bad our ceiling : fell down in june and has not been fixed our : faucet is broken in both apartments Black : mold in both apartments and the public : health has been called.. 1 inch crack wide : and it runs from floor to ceiling so the : crack is 8' tall and he said it was cosmetic : and will not fix it. We have a date for : court on oct21/08 and I hope that this issue : will be fixed. Any advice for my neighbour : on the subject.. : : :

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