LMLIP SETTLEMENT SUB-COUNCIL PRESENTATION TENANTS AND LANDLORDS RIGHTS & RESPONSIBILITIES

Transcription

1 LMLIP SETTLEMENT SUB-COUNCIL PRESENTATION TENANTS AND LANDLORDS RIGHTS & RESPONSIBILITIES 1

2 London & Middlesex Local Immigration Partnership A collaborative community initiative designed to strengthen the role of local and regional communities in serving and integrating immigrants One of 35 Local Immigration Partnerships in Ontario Funded by: Supported by: Co-led by: 2

3 Purpose To strengthen local and regional communities in serving & integrating immigrants To provide a collaborative framework for and facilitate the development and implementation of sustainable local and regional solutions for successful integration of immigrants To enable our community to put immigration on their overall planning agenda and benefit from the successful social and economic integration of new immigrants 3

4 LMLIP Council Co-Chairs : City of London and United Way London & Middlesex Sub- Councils: Education Employment Health & Wellbeing Inclusion & Civic Engagement Justice & Protection Services Settlement Members at Large (8) Research Liaison :Welcoming Communities Initiative (WCI) Citizenship and Immigration Canada (funder) Ontario Ministry of Citizenship and Immigration 4

5 About London & Middlesex Located in Southwestern Ontario City of London has a population of about 368,000 Surrounded by the County of Middlesex with a population of about 69,000 About 22% of London s population is composed of immigrants Spanish and Arabic are the top two languages spoken Highest per capita population of refugees in Canada 5

6 Why this project and why now? It was initiated by the LMLIP Settlement Sub-council It is composed of: South London Neighbourhood Resource Centre London Cross Cultural Learner Centre LUSO Community Services ACFO- Association canadienne-française de l'ontario London-Sarnia Salvation Army Centre of Hope Landlord & Tenant Board Oliver& Associates Real Estate Brokerage 6

7 Why this project and why now? Purpose of this group is to consult with landlords and newcomer tenants Our goal is to advocate for the newcomer and engage the landlords to increase the awareness of newcomer issues in finding rental accommodations 7

8 The process of development: Getting the right people at the table A power point presentation for newcomers and landlords One-page rights and responsibilities translated into four languages (French, Spanish, Arabic & Nepali) Explore funding opportunity with CLEO (Community Legal Education Ontario) 8

9 Tenants and Landlords Rights & Responsibilities 9

10 Tenants and Landlords Rights & Responsibilities Objectives Provide relevant information about housing to newcomers Educate landlords about newcomers issues Build up a mutually supportive relationship between landlords and newcomer tenants Reduce barriers between landlords and tenants 10

11 Tenants and Landlords Rights & Responsibilities TENANTS LANDLORDS 11

12 Tenants Rights & Responsibilities 12

13 Housing Issues for Newcomers In this power point you will learn: Information tenants should know before signing a rental agreement Information for current tenants Being a good tenant: The Do s and Don ts Information resources for landlords and tenants 13

14 Housing Issues for Newcomers Information for tenants to know before renting: Types of housing Townhouses, low and high rise apartments buildings and single houses Credit: housesforrentinriverside.net 14

15 Housing Issues for Newcomers Information for tenants to know before renting: Different management Private Management: Managed and operated by corporation / private landlords. Private Sponsor Organization Non-Profit Housing: Owned by sponsor organizations such as churches and service clubs. They are either selfmanaged or managed through a property management company. These may not be covered by the Residential Tenancies Act, Co-operative Non-Profits: Similar to other non-profit housing corporations; however, each resident becomes a member and has a say in how the co-operative is operated. Each member is expected to help in the day-to-day operations and the Board of Directors is established from members of the co-operative. This type of housing is not covered by the Residential Tenancies Act,

16 Housing Issues for Newcomers Information for tenants to know before renting: Where and how to look for accommodation: o Talk to relatives, friends, and service providers o Newspapers (for example: London Free Press Classified Column Renting) o London Housing Registry ( o For Rent Signs o Open house Signs o Bulletin boards in schools, community centres, libraries or at the markets o The Internet (for example:

17 Housing Issues for Newcomers Information for tenants to know before renting: Questions to ask when you contact the Landlord for renting: What is the cost? Rent what is included with the rent charge? Utilities Are they included in rent charge? Consider Heat, Hydro, Water, Gas, Telephone, Internet Do I have to pay a deposit? Length of the lease? Is there parking? Does it cost extra? Included appliances: Standard: Stove and Refrigerator? Plus: Dishwasher, Washer and/or dryer? Laundry on site? 17

18 Housing Issues for Newcomers Things to consider before renting: Location: What is it close to Supermarket, shopping centres, schools, bus route, library, Doctors/ Medical Centres, parks, bike trails, Community Resource Centres, and Settlement agencies Term of Lease: How long is the contract or lease Many residential leases run for 1 year however, some are shorter - make sure the term is specified in the lease Note that under the Residential Tenancies Act, 2006 a 1 year lease converts to a month to month agreement after the first year You may consider trying to negotiate a shorter term some landlords may be willing to agree to a 6 month lease (converting to a month-to-month after 6 months if no notice of termination provided) Considerations when deciding on the length of the lease: employment opportunities, and immigration status 18

19 Housing Issues for Newcomers What to look for and inspect when you view your accommodation before renting: In the kitchen area: Check out Stove Check the refrigerator Inspect/ test the sinks (hot, cold water, leaks) Test the smoke detector - every floor has to have a smoke detector 19

20 Housing Issues for Newcomers Turn on and off the lights Check the bathroom Check the toilet Check phone/ TV jack 20

21 Housing Issues for Newcomers Turn on/off the shower Test ventilation fans in bathroom Turn on and off the heat to ensure it works Check closet doors by opening and closing Check the garage door 21

22 Housing Issues for Newcomers Inspect the windows / screens Check the carpet for marks, dirty spots, and/ or burns 22

23 Information Resources for Tenants Before Renting The Landlord and Tenant Board provides information about the Residential Tenancies Act and assists in resolving disputes between most residential landlords and tenants however, not all residential tenants are covered by the Residential Tenancies Act. Examples of those not covered include roomers/boarders who share a kitchen and/or bathroom with the owner of the property or the owner s spouse, child, parent or spouse s child or parent. Note that some tenants are only partially protected. For example tenants in social housing are not protected against annual rent increases but do have some protections related to evictions, repairs and privacy rights. 23

24 Information For Tenants After Renting Tenant Responsibilities: Pay the rent on time and in full Keep the apartment in good condition: repair or pay for any damage caused by yourself or your guests Keep apartment clean, and clean it before moving out Do not have more people living in the unit than agreed to in the lease Do not disturb other tenants (noise and loud music) 24

25 Tenant Responsibilities Ask the Landlord s permission to put wallpaper, to paint or to put nails in the walls If moving, you are required to give notice to your landlord. The notice period for monthly and yearly terms is 60 days, and 28 days for daily or weekly terms. The notice must specify the date it is to be effective, and that date should be on the last day of a rental period. (ie. A notice of termination to end a month-to-month lease shall be provided not later than March 1, which would be valid for a termination date of April 30) If moving out before the lease ends, you must get approval from landlord. If you fail to agree to a termination date you may be required to pay rent for the rest of the original lease term. If you move after the original lease term but without providing notice you may be required to pay rent for the length of the notice period. Respect norms, rules and regulations as outlined in the Residential Tenancies Act 25

26 Tenant Responsibilities Rent Payment Tenants must obtain clear information about rent payment including : The due date of rent payment The amount of rent The methods of rent payment Tenants should always pay the rent 26

27 Tenant Responsibilities Maintenance & Repair A tenant must keep the apartment clean to avoid: o Attracting bugs or rodents (such as mice, raccoons, and bed bugs) which may present health risk o Excessive clutter (i.e. garbage or paper) which may present fire hazards 27

28 Tenant Responsibilities Maintenance & Repair Tenants must inform the landlord of any damages once it occurs in writing Landlord is responsible for the regular wear and tear of the apartment Tenant may be responsible for any damage he/she, their guests or family members have caused It does not matter if the damage was unintentional or intentional This includes damage of other areas such as the hallway, elevator, stairway, driveway, or parking area 28

29 Tenant Rights Right to privacy, (landlord must ask permission to enter or give 24 hours notice) except in the case of an emergency Right to have the rented unit kept in accordance with regulations in term of health, safety, electricity, heating, hot water, timely repairs, etc.. Be treated fairly and without discrimination or harassment (by other tenants or landlord) Have the cost of emergency repairs paid back by the Landlord (must have the receipts) 29

30 Tenant Rights Have a quiet environment Have short term visitors without being charged extra rent Pay the same amount of rent as written in the lease Only be required to provide certified money order for the last month. The last month s rent deposit can not be used for repair, it can only for last month s rent. Note a tenant can opt to provide post-dated cheques, if they choose to do so. Have the one-year lease automatically renew on a month-to-month basis after the one-year expires Receive a written notice and opportunity for a hearing at the Landlord and Tenant Board if the landlord intends to evict you 30

31 Tenant Rights What if repairs are required in my unit? Write a letter to your landlord informing him/her of the issues and ask to have it fixed. Keep a copy of the letter for yourself Complete a Repair Request form. These should be available at the rental office. Keep a copy for yourself What if the Landlord does not fix the problem? After the first contact, if the repairs are not done in a timely manner, you should contact the landlord again in writing. Keep a copy for yourself If the problem persists, contact the City where you live, Legal Services Organization, Settlement Agency for help and Landlord and Tenant Board 31

32 Tenant Rights Precautions for tenants with children living in apartments: Windows: use a stick to stop the windows from opening too wide, children may climb up to the windows and fall Balconies: NOT a place to play, children may climb up on items in the balcony and fall Know where the fire exits are Do not use elevator when there is a fire in the building Door should always be locked Know where to put your garbage 32

33 Being a Good Tenant The Do s: Pay rent on time and pay in full Keep apartment clean and clean it before moving out Maintain a respectful noise level Ask questions at rental office when you are not sure about something Participate in meetings required by landlord Participate in duties when living in co-op housing Participate in events organized by co-op housing and/or landlords 33

34 Good tenants...continued The Do s: Provide proper notice before moving out Repair damages caused by you and/or your guests Keep the apartment clean (in the laundry area, garbage chute, etc.) Follow instructions by landlord regarding security and health and safety issues Maintain positive and friendly relationships with other tenants Follow swimming pool rules 34

35 Good tenants...continued The Don ts: Do not disturb other tenants Do not interfere or play with security, health and safety systems: security cameras, entrance, fire alarm Do not let children run in the hallway 35

36 Good tenants...continued The Don ts: Do not vandalize the property Do not overcrowd the apartment Do not make unacceptable noise Do not throw objects from the ground to windows or balconies as a way of communication 36

37 Good tenants...continued The Don ts: Do not throw garbage on to or off of the balcony Do not burn large quantities of incense inside your accommodation as it may cause discomfort to others (allergies), activate the smoke detector and/ or cause fire hazards 37

38 Additional Resources Language Support Services If you do not speak English well, the following organizations are able to assist you with language support. These organizations can help facilitate discussions between landlords and tenants, and can assist at the Landlord and Tenant Board. ACFO: Cross Cultural Learner Centre: LUSO Community Services: South London Neighbourhood Resource Centre:

39 Additional Resources Legal Services Law Society Referral Services Contact Information: How it works: An LSRS representative will give you the name and phone number of one local LSRS member lawyer who is able to deal with your issue Call the LSRS member lawyer and received up to 30 minutes of free consultation 39

40 Additional Resources Legal Services Justice Net Contact Information: How it works: Justice Net is a national not-for-profit service dedicated to promote access to justice for low-and-moderate-income Canadians. It is designed for those in need of legal assistance, but whose income is too high to qualify for Legal Aid and too low for traditional legal fees. Legal professionals listed on the site have agreed to devote a portion of their practice to qualifying clients at reduced fees Justice Net has two arms designed to help clients with their participating lawyers: A free online directory of participating lawyers at A telephone Hotline for individuals without computer access at

41 Additional Resources Legal Services Community Legal Services Contact Information: (519) How it works: Community Legal Services (CLS) is a non-profit organization funded by the Ontario Legal Aid Plan and the University of Western Ontario (UWO), which provides free legal advice and information to people who cannot afford a lawyer. CLS is staffed by UWO law students who work under the supervision of a Review Lawyer and the Director. The areas of law dealt with at this clinic are: Small Claims Court Matters, Serious Provincial Offences, Landlord and Tenant Disputes, Administrative Law, and Estate Law. 41

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43 Tenants and Landlord Rights & Responsibilities Information that Landlords should be aware of regarding Newcomers: Family size, time difference (noise) No guarantor, no credit history, language barriers Immigration status of newcomers Newcomers are growing tenant market Extra support newcomers might need Settlement Agencies they are/could be affiliated with 43

44 Considerations for Landlords Term of Lease: How long is the contract or lease Some newcomers may find a shorter term lease more appealing than a 1 year lease. You may consider offering a shorter term for example a 6-month lease which would convert to month-to-month after 6 months if no notice of termination provided 44

45 Landlord s Responsibilities Treat tenants in a fair matter Maintain standard of health and safety Maintain the apartment in a good state of repair and maintenance. Make all repairs that were promised verbally or in the lease Reimburse the tenant for the cost of emergency repairs made by tenant (receipts provided) To inspect the apartment before and after renting to a tenant Pay the tenant(s) interest on the last month s rent deposit Provide proper notice if evicting tenant(s) and follow the legal procedure as outlined in the Residential Tenancies Act. Note that only the Landlord and Tenant Board can evict a tenant. Provide the tenant with proper notice before entering the unit. Landlords must provide 24 hours notice and specify a time-period during which they will be entering the unit. The time period must be between 8:00am-8:00pm. The notice requirement is waived in emergency situations. Address reports of conflict, harassment or discrimination from tenants 45

46 Landlord s Rights Collect last month s rent deposit (only to be used for last month s rent) Obtain rent payment on time Accept or refuse sublet request or an assignment by the tenant, if request unreasonable End the tenancy and evict the tenant in accordance with the Residential Tenancies Act,

47 Landlord s Rights Landlord s Rights: Rent Payments If a tenant refuses to pay rent, the landlord can: Provide the tenant with a proper notice of termination. This gives the tenant time to move or rectify the problem by paying rent in full (7 days if a daily/weekly tenancy, 14 days for all other tenancies) If the tenant does not move or pay rent in full, the landlord can apply to the Landlord and Tenant Board for an order to evict the tenant and collect the outstanding rent 47

48 Landlord s Rights Landlord Rights :Inspect the apartment The landlord has the right to enter the apartment between 8 a.m. and 8 p.m. with a 24 hour notice placed on the door of the tenants for the following reasons: Repair and maintenance Sales 48

49 Landlord s Rights Landlords Rights: Accept or refuse sublet or an assignment The tenant informs landlord that he/she intends to pass the tenancy and the apartment on to another person Landlord has the right to accept or refuse this request with valid reason for refusal according to the Landlords and Tenants Board 49

50 Thank you for your time Credits for PowerPoint presentation: ACFO Summer Student, Ninette Mukadi LCCLC Rights and Responsibilities LMLIP LUSO Community Services SLNRC Western Law Clinic 50

51 Any Questions? 51