Residential Tenancies Act: Briefing Book - Michael Walker

Residential Tenancies Act, 2007
B R I E F I N G B O O K
Summary of Key Differences
Residential Tenancies Act vs. Tenant Protection Act
Key Issue RTA TPA
Interest rate on last
month’s rent deposit
Equal to the annual guideline (i.e. CPI) 6% interest
Rules that have not changed (or not significantly changed)
While there are some significant changes from the TPA as indicated in the above Table,
many of the old rules or provisions remain in the RTA. The key areas that are not
changed include:
� Vacancy decontrol continues – this means that landlords can set new rents for
vacant units.
� Rental buildings that were not occupied for residential purposes before November
1, 1991 continue to be exempt from rent control; rental units are exempt from rent
control if they were not occupied for any purpose before the enforcement of the
TPA in June 1998.
� No change to rent increase rules – the following rules still apply to most rental
buildings/units, except social housing:
o 90 days notice must be given before any rent increases are charged
o no increase until 12-months have passed since the last rent increase
� Social housing is still exempt from certain rules (e.g. 90-days notice, rent levels,
rent increases, sublet/assignment).
� No change to rent reduction rules based on:
o discontinued/withdrawn services
o illegal rent or charges
o poor maintenance
� Security of tenure: there are few changes to grounds and notice of termination
periods (other than those mentioned earlier) in applications for eviction before the
end of lease/term. There is a minor change in the length of time evicted tenants
can retrieve their possessions from 48 hours to 72 hours.
� Rental housing protection provisions – few changes in condo conversions,
renovations/repairs, demolitions, and conversions to other uses.
o Condo conversion: tenants continue to have security of tenure and first
right of refusal to purchase unit at the price and terms/conditions in the
landlord’s offer.
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