Residential Tenancies Act Chapters 1-3 Quiz

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Questions and Answers

Which major change occurred in January 2007 regarding landlord-tenant disputes in Ontario?

The creation of the Residential Rent Regulation Act

The renaming of the Ontario Rental Housing Tribunal to the Landlord and Tenant Board (correct)

The disbandment of the Ontario Rental Housing Tribunal

The establishment of the Tenant Protection Act

What is one of the main functions of the Residential Tenancies Act, 2006?

Providing tax incentives for landlords

Regulating commercial leases

Establishing guidelines for real estate brokers

Determining lawful rent increases (correct)

Which aspect is NOT governed by the Residential Tenancies Act, 2006?

Lawful rent determination

Eviction proceedings

Assignment and subletting

Commercial tenancy agreements (correct)

What primary legal framework has been in place since 1975 regarding rent control for most rental units?

The Rent Control Act Signup and view all the answers

Which application type is primarily not addressed in the context of landlord-tenant relationships under the Residential Tenancies Act?

Homeowner’s application for property tax exemption Signup and view all the answers

What change did various boards accomplish before the establishment of the Landlord and Tenant Board in 2007?

Hearing landlord-tenant disputes by federally appointed judges Signup and view all the answers

How does the Residential Tenancies Act, 2006 address lawful rent determination?

By providing guidelines on allowable rent increases Signup and view all the answers

Which of the following laws is not a part of the legislative framework governing residential rental housing?

Municipal Licensing Act Signup and view all the answers

Which type of rental accommodation falls under the regulation of the Residential Tenancies Act (RTA)?

Rented single family homes Signup and view all the answers

What body is responsible for regulating landlord and tenant disputes under the RTA?

The Landlord and Tenant Board Signup and view all the answers

Which of the following is a possible application for the Landlord and Tenant Board?

Termination for non-payment of rent Signup and view all the answers

Which of the following types of properties might have partial exemptions from the RTA's regulations?

Mobile home parks Signup and view all the answers

What type of claim can the Landlord and Tenant Board hear?

Landlord’s claim against a former tenant Signup and view all the answers

What might trigger a rent reduction concerning landlord responsibilities?

Inadequate maintenance of the rental unit Signup and view all the answers

Which scenario could possibly lead to an above-guideline rent increase petition?

Landlord's significant property renovations Signup and view all the answers

What is a key feature of the Rules of Procedure and Practice issued by the Board?

They address procedural issues such as fee waivers. Signup and view all the answers

Which statement accurately describes Interpretation Guidelines issued by the Board?

They are non-binding and suggest how the RTA should be interpreted. Signup and view all the answers

How do decisions from other common law jurisdictions influence the Board's decisions?

They can be persuasive but are not binding. Signup and view all the answers

What is the significance of the published decisions by the Board?

They clarify specific sections of the RTA. Signup and view all the answers

Which body of law can be considered when analyzing sections adopted from the Tenant Protection Act?

Relevant decisions from the Ontario courts and Divisional Court. Signup and view all the answers

What do relevant texts contribute to the interpretation of case law?

They may assemble conflicting case law commentary. Signup and view all the answers

What limitation exists regarding the Board's binding authority on member decisions?

Decisions of one member do not bind another member. Signup and view all the answers

What must be true for the regulations enacted by the Ontario Cabinet to be considered valid under the Residential Tenancies Act?

They must be authorized by the Residential Tenancies Act. Signup and view all the answers

How is the Residential Tenancies Act structured in terms of its organization?

It is divided into parts and sections consecutively numbered. Signup and view all the answers

Which of the following accurately describes the nature of case law in the context of the Residential Tenancies Act?

It is a secondary source that can influence the application of statutory laws. Signup and view all the answers

Which entity is responsible for the amendment of the Residential Tenancies Act?

The Ontario legislature. Signup and view all the answers

What is the significance of the LTB Guidelines in relation to landlord-tenant relationships?

They assist in interpreting the RTA and offer clarity. Signup and view all the answers

Which statement about the relevant texts cited under the Residential Tenancies Act is correct?

They are supplementary sources that inform the RTA. Signup and view all the answers

In what manner can the Ontario legislature impact the Residential Tenancies Act?

By enacting laws that directly amend it. Signup and view all the answers

What distinguishes the regulations from the rules under the Residential Tenancies Act?

Regulations are enacted by the Ontario Cabinet; rules are by the LTB. Signup and view all the answers

What is NOT considered a full exemption under the Residential Tenancies Act?

Public housing Signup and view all the answers

Which of the following describes a situation where the Residential Tenancies Act might apply partially?

New construction Signup and view all the answers

Full exemptions from the Residential Tenancies Act apply in which scenario?

Commercial leases Signup and view all the answers

Which of the following types of properties is granted an exemption under the Residential Tenancies Act?

Commercial properties Signup and view all the answers

Which factor does NOT lead to a full exemption from the Residential Tenancies Act?

Use of property as a primary residence Signup and view all the answers

When can partial exemptions apply under the Residential Tenancies Act?

With new rentals or specific institutional cases Signup and view all the answers

Which of the following statements about exemptions in the RTA is accurate?

Full exemptions allow no rules from the RTA to apply. Signup and view all the answers

Which situation describes a valid exemption from the Residential Tenancies Act?

Use of property as a hotel Signup and view all the answers

What criteria must a new rental unit meet to be exempt from rent control under s 6.1?

It should not be subject to a tenancy agreement entered into before November 15, 2018. Signup and view all the answers

Which type of accommodation is NOT subject to the Residential Tenancies Act as per the listed exemptions?

A building owned by a religious institution for charity. Signup and view all the answers

Under which conditions are units in detached houses exempt from rent control?

The owner must reside in the same residential complex. Signup and view all the answers

What is one of the criteria for exemption from rent control in mobile home parks?

No part of the mobile home park was occupied for residential purposes before November 15, 2018. Signup and view all the answers

What determines whether an addition to a building is exempt from rent control?

If no part of the addition was occupied for residential purposes before November 15, 2018. Signup and view all the answers

Which of the following statements about partial exemptions under the Residential Tenancies Act is true?

Certain sections of the RTA do not apply to specific types of accommodation. Signup and view all the answers

To qualify for rent control exemption, which of the following must apply to the owner of a rental unit in a building with two residential units?

The owner must reside in another residential unit in the housing. Signup and view all the answers

Study Notes

Instructor Information

Richard Lammers
[email protected]
519-972-2727 x 4580

Course Overview

Textbook: Working with the Residential Tenancies Act, Fifth Edition by John Dickie & David Lyman
Syllabus: Will be provided
Tribunal Hearing Project : Will be discussed in class

Course Content

Overview of the Residential Tenancies Act (RTA) (Chapter 1)
Legal Framework (Chapter 2)
Determining if the RTA applies (Chapter 3)
Review: Chapters 1, 2, and 3 should be reviewed before the next class

History of Landlord-Tenant Law

Rent control was applied to most rental units from 1975.
Federally appointed judges previously heard landlord-tenant disputes.
In June 1998, the Ontario Rental Housing Tribunal heard landlord and tenant applications and rent control applications.
In January 2007, the Ontario Rental Housing Tribunal was renamed the Landlord and Tenant Board (the Board).

Aspects Governed by the Residential Tenancies Act, 2006

The Residential Tenancies Act, 2006 (RTA) governs all aspects of residential tenancies in Ontario.
The RTA covers the tenancy agreement, eviction proceedings, assignments, sub-lets, lawful rent determination, and rent increases.

Types of Applications in Landlord-Tenant Relationships

Applications regarding termination: These include non-payment of rent, inappropriate behavior, or failure to leave after notice.
Applications regarding rent abatement: This can include rent reduction due to inadequate maintenance.

Applications Concerning Rent Amounts

Applications for above-guideline rent increases.
Applications for rent reduction due to the landlord removing a service or facility.

The Board

The Landlord and Tenant Board, known as the Board, is appointed by the Ontario government under the RTA.
The board has offices across Ontario, including three in Toronto.
The board can hear a landlord’s claim against a former tenant.

Residential Tenancies Act (RTA)

The Residential Tenancies Act, 2006 (RTA) outlines the primary regulations for residential tenancies in Ontario
The RTA was enacted by the Ontario legislature and can only be changed by the Ontario legislature
It is divided into parts I to XIX, and each part is further divided into sections numbered consecutively
The RTA can be found in Appendix A of the textbook.

Regulations

Regulations are enacted by the Ontario Cabinet and do not need legislative approval
Regulations can only be made if authorized by the RTA.
For example, Section 241(1) of the RTA provides authorization to create a regulation for services under Section 123(1)
The relevant regulations are found in Appendix B.

Rules of Procedure and Practice Directions

The Board (Rules and Guidelines Committee) is responsible for creating Rules of Procedure and Practice Directions
Such directions are designed to address procedural issues, such as representation by a lawyer or other legal professional
The Rules of Procedure and Practice Directions are found in Appendix C.

Interpretation Guidelines

Interpretation Guidelines are "non-binding" and are issued by the Board. These guidelines suggest how regulations, rules, and the RTA should be interpreted and used.
They cover topics such as awarding costs, rescheduling applications, and issues that arise in eviction applications.
The Interpretation Guidelines are found in Appendix D.

Case Law

Case law refers to the decisions made by the Landlord and Tenant Board (LTB) on specific cases
These decisions are reported in legal databases online.
The LTB publishes their decisions when they help to clarify the RTA's meaning
Individual decisions by the LTB are not binding on other LTB members

Case Law (Continued)

The RTA features sections that were adapted from the Tenant Protection Act
Case law from the Ontario Courts dealing with tenant protection sections may be relevant
Decisions from the Divisional Court or Court of Appeal are binding on the LTB
Decisions from common law jurisdictions (e.g. UK, Australia, New Zealand, US) can be persuasive

Relevant Texts

Legal texts can be persuasive sources of law
Legal texts often collect and summarise case law on specific subjects
Legal text authors often provide opinions on conflicting case law
Legal texts can address issues that haven't been covered in court decisions yet

Does the RTA Apply?

Residential Tenancies Act (RTA) applies to all residential units in Ontario unless there is a specific exemption
Exemptions exist because the particular use of the property does not fall under the definitions of rented residential premises, or a specific exemption is listed under the RTA
Exemptions can be full, meaning no rules in the RTA apply, or partial, meaning some rules apply

Full Exemptions

The RTA does not apply to the following types of uses:
- Commercial uses
- Rentals to employees
- Rentals at institutions
- "Tenants" who are actually owners
- Some educational institutions
- Situations of close contact

Partial Exemptions

The following uses have partial exemptions:
- New construction or new rentals
- Partial institutional exemptions
- Public housing
- Other educational institutions

New Construction or New Rentals

Until May 30, 2017 buildings first occupied after November 1, 1991 were exempt from rent control
Current exemptions from rent increases apply to rentals if, according to section 6.1:
- The unit is located in a building, mobile home park, or land lease community, of which no part was occupied for residential purposes on or before November 15, 2018
- It is an addition to a building, mobile home park, or land lease community, and no part of the addition was occupied for residential purposes on or before November 15, 2018
- The unit is not subject to a tenancy agreement that was entered into before November 15, 2018
Units in detached, semi-detached, and row houses are exempt from rent control regulations under certain conditions:
- The housing contained not more than two residential units before November 15, 2018
- The rental unit met certain facility requirements
- Either the owner(s) lived in another residential unit in the housing, or the rental unit was, immediately prior, an unfinished space

Partial Institutional Exemptions

Numerous sections of the RTA do not apply to:
- Accommodation that is subject to the Homes for Special Care Act, or the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act
- A building owned, operated, or administered by a religious institution for a charitable use on a non-profit basis

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Test your knowledge on the key concepts of the Residential Tenancies Act, focusing on Chapters 1 to 3. This quiz covers the legal framework and the applicability of the Act, providing an essential review before moving forward in your course. Prepare effectively for your Tribunal Hearing Project and enhance your understanding of residential tenancies.