FAQ

Here you’ll find several property management industry questions. Through the years we have several work around solutions for many problems. We have over 15 years of experience. We’ve seen everything and we’ve been through every type of scenario you could imagine. 

What areas do you cover for property management?

We offer property management services for Windsor, Ontario only, however we offer leasing services throughout Ontario.

What if my property is already managed?

Switching from you current property management service is simple – contact one of our managing agents to discuss the service that is most suitable to you needs.

Who will look after my property?

You’ll be assigned to a dedicated Managing Agent who will be looking after your property and on-hand to offer you their expert knowledge in residential property management.

How will tenants know who to contact?

Your managing agent will contact your tenants to introduce themselves and advising them of who they will need to contact should they have any queries in relation to the property. Your tenants will also download our app so they are always within reach.

Who are your contractors?

We only use a very select pool of contractors. This ensures efficiency, quality and the ability to manage them properly. We have zero tolerance when it comes to maintenance. 1 strike and they are out.

What if I have my own contractors?

If you have your own contractors that you’ve used for years and would prefer to use, that’s fine, we can work with them too.

What can a landlord do with property that is left in the unit after the tenant has moved out or has been evicted?

The RTA has five different sets of rules about this. In some cases, the landlord can sell, keep or throw away property the tenant left behind. In other cases, the landlord has to store the property so the tenant can come pick it up.

Which rules apply depends on how, when and why the tenant moved out. If the landlord does not follow the rules, they may be held liable for the loss. For more information, see the brochure: Property Left behind When a Tenant Moves Out.

If the tenant didn’t give notice, but the landlord believes the tenant has left the rental unit, can the landlord change the locks and re-rent the unit?

The landlord should make an effort to contact the tenant (by writing or calling the tenant, for example) to determine if they have left the unit.

If the landlord believes that the tenant has abandoned the rental unit, then the landlord can apply to the LTB for an order ending the tenancy by filing an Application to Terminate a Tenancy and Evict a Tenant https://erektile-apotheke.de/. This application is not mandatory, but if the landlord re-rents the unit without having the LTB confirm that it is abandoned, a tenant who hasn’t abandoned the unit could take legal action against the landlord.

Can a tenant be evicted if the landlord sells the house or building and the person who bought it wants to move in?

Yes, but only if the building has 1-3 units and the person buying the building needs the rental unit for:

  • their own use
  • the use of an immediate family member
  • the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, who is living in the same building or complex

Once the landlord gives the tenant a notice terminating the tenancy for one of these reasons, they can apply to the LTB for an order evicting the tenant. The tenant can only be evicted if the LTB issues an eviction order.

Can a tenant be evicted if the landlord wants to use the unit themselves?

Yes, a tenant can be evicted if a landlord requires the unit for:

  • their own use
  • the use of an immediate family member
  • the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, who is living in the same building or complex

Once the landlord gives the tenant a notice terminating the tenancy for one of these reasons, they can apply to the LTB for an order evicting the tenant. However, a tenant can only be evicted at the end of their tenancy and only if the LTB issues an eviction order.

Can a landlord evict a tenant for having a pet?

A tenant can be evicted for having a pet in their unit only if:

  • the pet is making too much noise, damaging the unit, or causing other residents to have an allergic reaction
  • the animal or species is considered to be inherently dangerous.

This is true even if the tenancy agreement has a “no pets” rule.

Can a landlord evict a tenant in the middle of their lease?

A landlord can evict a tenant in the middle of their tenancy agreement in certain situations– usually where the tenant or someone the tenant let into their building, has done something wrong. For example, the tenant has not paid their rent or has damaged the rental property.

The reasons for evicting a tenant are explained in the brochure: A Guide to the Residential Tenancies Act.

Can a tenant be evicted in the winter?

Yes. There is nothing in the RTA that prevents a tenant from being evicted during the winter.

Can a tenant be evicted without a hearing?

Yes, an eviction order can be sometimes be issued without holding a hearing, such as for L3 and L4 applications.

What is the process for evicting a tenant?

In most situations, before a landlord can apply to the LTB to evict the tenant, they must first give the tenant a notice of termination that tells the tenant the reason the landlord wants to evict them. For some termination notices, the landlord must wait a specific number of days to see if the tenant corrects the problem before they can file an application with the LTB. The number of days the tenant has to correct the problem is included in the notice.

If the tenant does not correct the problem and/or does not move out, the landlord can file an application with the LTB. In most situations a hearing will be scheduled. At the hearing, the member listens to the landlord and the tenant and then makes a decision.

If an eviction order is issued, it tells the tenant when they must be out of the unit. If they do not move out, then the landlord can file this order with the Court Enforcement Office (also called the Sheriff). Only the Court Enforcement Office can evict a tenant.

Can a landlord enter a tenants unit?

Entry without notice

Section 26 provides that a landlord may enter the rental unit without notice:

  • in cases of emergency;
  • If the tenant consents to the landlord entering the unit at the time the landlord enters;
  • where the tenancy agreement requires the landlord to clean the rental unit at regular intervals, the landlord may enter at the times specified in the agreement, or, if no times are specified, between 8:00 a.m. and 8:00 p.m.; and
  • if the landlord and the tenant have agreed the tenancy will be terminated or one of them has given notice of termination to the other, the landlord may enter the unit to show it to prospective tenants between 8 a.m. and 8 p.m. and, before entering, the landlord informs or makes a reasonable effort to inform the tenant of the landlord’s intention to enter. A landlord must make reasonable efforts, depending upon the facts and circumstances of each case, to give the tenant advance notice in order to permit the tenant to be prepared for entry into the unit by the landlord to show the unit to prospective tenants.

A landlord may not enter the rental unit without notice to perform repairs even where the tenant has requested the repairs unless the landlord obtains the tenant’s consent to enter the unit at the time the landlord goes to the unit to make the repairs.

Entry with notice

Section 27 provides that a landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry in the following circumstances:

  • to carry out a repair or replacement or to do work in the unit;
  • to allow a potential mortgagee or insurer of the residential complex to view the rental unit;
  • to allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998;
  • to carry out an inspection of the rental unit, if,
    1. the inspection is for the purpose of determining whether or not or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord’s obligations under subsection 20(1) or section 161 of the RTA; and
    2. it is reasonable to carry out the inspection.
  • for any other reasonable reason for entry set out in the tenancy agreement.

Can a landlord charge a fee if a tenants rent cheque is returned NSF?

If a tenant’s rent cheque is returned NSF, a landlord can ask the tenant to pay for the charges the landlord has to pay to the bank, plus an administrative charge of up to $20. Landlords can also claim any NSF cheque charges if they apply to the LTB for arrears of rent.

Can the landlord charge the tenant a damage deposit?

No. A landlord cannot collect a damage deposit to pay for damage done to the unit. Also, a landlord cannot use the last month’s rent deposit to cover damages in the unit. The rent deposit can only be used for last month’s rent before the tenancy ends.

If the landlord finds that a tenant has damaged the unit or caused damage to the building, the landlord can give the tenant a notice of termination and/or ask them to pay for the damages. If the tenant doesn’t pay, the landlord can apply to have the LTB determine if there are damages and what should be done about them.

If the landlord changes the locks, can the landlord charge the tenant for the new keys?

A tenant does not have to pay for new keys when the landlord decides to replace the lock with a new one, but the landlord may ask for a refundable deposit for the new keys.

Can the landlord charge for additional or replacement keys?

The landlord can charge a tenant for additional keys that the tenant requests (for example, if the tenant wants an extra key or if the tenant has lost their key), but the charge cannot be more than the actual cost of the keys.

Does a landlord have to pay interest on a rent deposit?

The landlord must pay the tenant interest on the rent deposit every 12 months. The percent interest is the same as the rent increase guideline that is in effect when the interest payment is due. The guideline is set each year by the Ministry of Municipal Affairs and Housing.

If the landlord does not pay the interest owed to the tenant when it is due, the tenant can:

  • deduct the interest from a future rent payment, or
  • file a Tenant Application for a Rebate

Instead of paying the tenant the interest, the landlord can reduce the amount needed to update the rent deposit (so that it equals the current rent) by the amount of interest owed.

If a tenant is late with their rent, what can the landlord do?

If a tenant does not pay rent on the date that it is due, the landlord can give the tenant a Notice to End a Tenancy Early for Non-payment of Rent the day after the rent was due. If a tenant pays rent monthly, this notice gives the tenant 14 days to pay the rent due or to move out. If the rent is not paid, and the tenant does not move, the landlord can apply to the LTB for an order that:

  • requires the tenant to pay the rent that is owing, and
  • evicts the tenant if they do not make the entire payment by a deadline

If a tenant is often late with the rent, the landlord can give a Notice to Terminate a Tenancy at the End of Term. Daily or weekly tenants must be given notice 28 days before the end of their lease or rental period. In all other cases, the tenant must be given notice 60 days before the end of their lease or rental period.

The landlord can apply to the LTB for an order evicting the tenant right after giving the tenant the Notice to Terminate a Tenancy at the End of Term. A hearing will be held and both sides will have a chance to give their side of the story.

For more information, see the brochure: If a Tenant Does Not Pay Rent.

When is the rent considered late?

Rent is considered late if it is not paid by the day that it is due. For example, if the rent is due on the first day of the month and it is not paid by that day, it is late.

Does a landlord have to give rent receipts?

A landlord has to give a tenant receipts for rent or any payment or deposit if the tenant asks for them. This includes payment of rent arrears. The landlord cannot charge for this receipt. Landlords also have to give rent receipts to former tenants during the first year after their tenancy ends.

What information has to be in a rent receipt?

A rent receipt must include:

  • the address of the rental unit
  • the name of the tenant(s)
  • the amount and date for each payment and what it was for (e.g. rent, rent deposit, arrears)
  • the name of the landlord
  • the signature of the landlord or the landlord’s agent

Does a landlord have to notify a tenant of a rent increase?

Yes. The landlord must give the tenant written notice of rent increase at least 90 days before the day the rent increase starts. The notice must tell the tenant how much the new rent will be and when to begin paying the new rent. If the tenant thinks that the new rent is too high, the tenant can give the landlord written notice of termination and move out before the rent increase begins.

When can a landlord apply for a rent increase above the guideline?

A landlord can apply to the LTB to approve a rent increase above the guideline for any of the following reasons:

  • The landlord’s costs for municipal taxes and/or utilities (heat, water and electricity combined) have increased by an extraordinary amount.
  • The landlord did extraordinary or significant renovations, repairs, replacements or new additions to the building or to individual units. This type of work is called a “capital expenditure”.
  • The landlord’s costs for security services increased, or the landlord began providing security services for the first time.

The terms “extraordinary” and “capital expenditures” are defined in the brochure: Information about Applications for a Rent Increase above the Guideline.

How much can a landlord legally increase the rent this year?

In most cases, a landlord can usually only increase a tenant’s rent by the guideline set each year by the Ministry of Municipal Affairs and Housing. See the brochure: http://www.sjto.gov.on.ca/documents/ltb/Brochures/2019%20Rent%20Increase%20Guideline%20(EN).html However, there is no limit on the amount of a rent increase for rental buildings first occupied for residential purposes on or after November 1, 1991.

How often can a landlord increase the rent?

The landlord can increase the rent once every 12 months. The landlord has to give the tenant a 90 day written notice of the increase. There are some exemptions to these rules, for example tenants paying rent-geared-to-income in a social housing unit.

Can a landlord collect a rent deposit?

Yes. A landlord can collect a rent deposit as long as they ask for it on or before the day that the landlord and tenant enter into the tenancy agreement.

The rent deposit cannot equal more than one month’s rent or the rent for one rental period, whichever is less. For example, if rent payments are made weekly, the deposit cannot be more than one week’s rent; if rent payments are made monthly, the deposit cannot be more than one month’s rent.

The rent deposit must be used for the rent for the last month before the tenancy ends. It cannot be used for anything else, such as to pay for damages.

What information does a landlord have to give to a new tenant?

A landlord must give all new tenants the brochure: Information for New Tenants, which includes information about the rights and responsibilities of landlords and tenants, the role of the LTB and how to contact the LTB. The landlord must give the tenant the brochure on or before the day the tenancy begins, even if the tenant does not move in on that date.

The landlord has 21 days after the tenant has signed and returned the tenancy agreement to give the tenant a copy with the signatures of both the tenant and the landlord.

Where there is no written tenancy agreement, the landlord must provide the tenant with his or her legal name and address within 21 days of the start of the tenancy.

If the landlord does not give the tenant a copy of the signed tenancy agreement within 21 days or, if there is no written agreement and the landlord doesn’t provide the tenant with their legal name and address within 21 days, the tenant can refuse to pay some or all the rent. However, once the landlord provides the tenant with the document(s), the tenant must immediately pay all the rent that they withheld. If the tenant refuses, the landlord could apply to evict the tenant for non-payment of rent.

What information should be included in a tenancy agreement?

A tenancy agreement must give the legal name and address of the landlord so that the tenant knows where to send any notices or documents that are required under the RTA.

A tenancy agreement may also contain information about:

  • the date the tenant will move into the rental unit
  • the rent amount
  • the date rent is to be paid
  • what services are included in the rent (such as electricity or parking) and any charges that are not included
  • rules that the landlord requires tenants to follow.

Any parts of the agreement that are contrary to the Residential Tenancies Act will not be valid.

The LTB cannot tell you what information should be included or how to draft a tenancy agreement. The landlord and tenant need to make this decision. You might want to get legal help before signing or drafting an agreement.

Do landlords and tenants have to have a written lease or tenancy agreement?

A tenancy agreement (also called a lease) is a contract between a landlord and tenant. In the contract, the tenant agrees to pay rent to live in a rental unit provided by the landlord. The landlord and tenant may also promise to do certain things for each other and to follow certain rules.

A tenancy agreement can be oral or written, but it is better to have a written agreement in case there is a dispute.

For care home rental arrangements, a written rental agreement is required. To find out what needs to be included in a care home agreement, see the brochure: Care Homes.

Can a landlord ask a person applying for a rental unit to provide information about their income, credit references and rental history?

Yes. A landlord can ask the person applying for the rental unit to provide information such as: current residence, rental history, employment history, references and income information. However, Regulation 290/98 of the Human Rights Code has rules that landlords must follow when asking for information about the income of a prospective tenant.