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Residential Tenancy Reform Consultation Paper

Residential Tenancy Reform Consultation Paper - Michael Walker

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RESIDENTIAL TENANCY REFORM CONSULTATION PAPER<br />

Making landlords and tenants aware<br />

of their rights and responsibilities<br />

To ensure that tenants and landlords are aware of their<br />

rights and responsibilities, the government could<br />

require that landlords of multi-unit buildings post a document<br />

outlining these rights and responsibilities in a conspicuous<br />

place on the rental property.<br />

Background:<br />

Previous legislation required landlords to post a summary<br />

of specific sections of the law that described the rights<br />

and obligations of tenants and landlords. This requirement<br />

was limited to multi-unit buildings, and the document had<br />

to be posted in a common area. This requirement was difficult<br />

to enforce, and landlords needed to be aware of any<br />

amendments to any section so they could ensure the most<br />

recent version was posted. It was sometimes difficult for<br />

landlords to comply with this requirement because of vandalism.<br />

A requirement to post this type of document was not<br />

included in the Tenant Protection Act, 1997 (TPA).<br />

Questions for consideration:<br />

1. Should landlords be required to post a document<br />

that is easy to see in rental buildings, giving<br />

information about the rights and responsibilities<br />

of landlords and tenants?<br />

A. Yes. Require landlords to post information about<br />

the rights and responsibilities of tenants and landlords.<br />

This option means that the majority of tenants would have<br />

access to this information in their buildings.<br />

B. No. Do not require landlords to post information<br />

about rights and responsibilities of tenants and<br />

landlords.<br />

With this option, tenants would not have access to the<br />

information in their buildings. However, it is possible that<br />

many tenants would not read the document anyway, but<br />

could continue to access all necessary information through<br />

the Ontario Rental Housing Tribunal (the Tribunal).<br />

2. What should the text of the document be?<br />

A. A copy of the sections of the new legislation that<br />

describe the rights and responsibilities of tenants<br />

and landlords.<br />

With this option, landlords would be responsible for<br />

ensuring that they replace the excerpt with an updated<br />

version, should there be subsequent amendments to the<br />

section.<br />

This option would ensure that the relevant parts of the<br />

legislation are available in a readily accessible location.<br />

However, some tenants might find the legal nature of the<br />

text difficult to understand.<br />

B. A plain-language summary of the sections of the<br />

new legislation that describes the rights and<br />

responsibilities of tenants and landlords.<br />

With this option, the government would issue an official<br />

summary in clear language.<br />

This option would make the text more readable and userfriendly.<br />

The drawback of options A and B is that each would<br />

require a multiple-page document. This is likely too long<br />

to be effective in posted form.<br />

C. A brief explanation of how the Ontario Rental<br />

Housing Tribunal helps tenants and landlords, and<br />

contact information such as the phone number<br />

and website.<br />

This option would produce the shortest and simplest<br />

document. Tenants would still be made aware of how to<br />

access the information, and could contact the Tribunal for<br />

assistance with specific issues.<br />

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