Senioropolis.com

#1 Virtual Seniors Community in Canada

THE RESIDENTIAL TENANCIES ACT (RTA) IN ONTARIO

Retirement Residences fall under the definition of “care homes” in the Residential Tenancies Act, 2006. Most of the same rules that apply to rental units also apply to care homes, but there are some additional rules that are specific to this type of housing. 1. A care home is defined as “a residential building where people live so that they can receive ‘care services’”. Care services include things like nursing care, medication supervision and assistance with Activities of Daily Living (for example: bathing, dressing, etc.). Excluded from the Act are long-term care homes, hospitals, short-term respite and rehabilitation facilities.

Prior to the signing of a Tenancy Agreement, all care homes must give the tenant a Care Home Information Package which must contain information required by the Act, including content relating to:

  • types of accommodation
  • care services
  • meal packages
  • staffing levels and qualifications
  • the emergency response system
  • a list and fee schedule of services
  • any internal procedures for dealing with resident complaints, including rights of appeal.

A written Tenancy Agreement between landlord and tenant (resident) must list the details of the care services and meals to be provided, as well as cost factors involved. It must also state that “the tenant has the right to consult” with a third party and can cancel the agreement in writing within five days of signing it.

Other highlights of the Act specifically for care homes include:

  • The landlord must give at least 90 days’ written notice of rent increases.
  • Rent can only be increased once in a 12-month period.
  • Rent and care services are two different things: Care services can be increased at any time, by any amount; but the landlord must give at least 90 days’ notice of a rate increase.
  • If the agreement requires the landlord to do so, he may enter the unit at regular intervals to check the condition of the tenant. Permission can be revoked with written notice to the landlord from the tenant.
  • A tenant can hire whomever he/she wants to provide extra care services.
  • If an agreement relating to a care home is not in writing or does not detail what has been agreed to with respect to care services and meals, the tenant can apply to the Board for an abatement of rent.
  • A tenant may terminate the tenancy anytime by giving a minimum of 30 days’ written notice to the landlord. However, if the landlord wishes to terminate the tenancy, he/she must give the tenant 60 days’ notice.
  • The landlord may terminate the tenancy if the unit was occupied solely for the purpose of receiving rehabilitative or therapeutic services agreed upon for a fixed length of time.
  • A landlord, who gives notice of termination because of the intended demolition or conversion of the unit or for repairs must “make reasonable efforts to find alternative accommodation” for the tenant.
  • The landlord may apply to transfer the tenant if he "no longer requires the level of care the landlord provides or requires a level of care that the landlordis not able to provide". However, "appropriate alternate accommodation” must be available.

Important regulations that apply to all residential rental units include:

  • The resolution of disputes is handled by the Landlord and Tenant Board.
  • Rent increases are governed by Rent Control Guidelines – for 2017 the maximum a landlord can increase rent is 1.5%, unless he applies to the Board for a rental increase above the Guideline amount. The increase may be requested to cover increased taxes, charges or utility bills, major renovations or repairs, or the addition of security services to a maximum of 3% above the Guideline amount for a maximum of three years.
  • A landlord cannot charge more than one month’s rent (or if rent is paid weekly, not more than one week’s rent) in advance as a security deposit and must credit the interest (based on the Consumer Price Index for Ontario) to the security deposit or pay it to the tenant.
  • Landlords and tenants may also agree to add parking fees and other services such as cable, lockers, etc., without applying to the Board.

The tenant may apply for a rent reduction if the landlord:

  • does not make agreed to repairs or improvements contained in the lease;
  • does not provide a previously agreed upon service;
  • experiences a decrease in taxes and charges;
  • reduces or removes a service.
  • A landlord cannot interfere with the reasonable supply of vital services such as heat, natural gas or water.

A prospective tenant should carefully review the Tenancy Agreement, especially with respect to requirements for pre-admission and medical reports, signing out procedures, rules for motorized equipment, smoking, overnight guests and electrical appliances. It is important to keep in mind that a landlord cannot create arbitrary rules that conflict with tenancy rights under the Residential Tenancies Act. 2.


1. Information for this section obtained, paraphrased and quoted where indicated from
www.sjto.gov.on.ca/ (July 2015).

2. The information in this section is by no means complete and is only intended to highlight some important aspects of the RTA. It is not intended to be used in lieu of legal or professional advice. For further information on the legislation contact the Landlord and Tenant Board at 1 (888) 332-3234 or www.sjto.gov.on.ca/ltb/, the Ministry of Municipal Affairs and Housing atwww.mah.gov.on.ca or a lawyer. A copy of the Residential Tenancies Act, 2006 can be ordered from Publications Ontario at 1 (800) 668-9938, www.publications.serviceontario.ca or can be accessed online at www.ontario.ca/laws.

Esther Goldstein, B.Sc., B.S.W., RSW
Website

Disclaimer: The information provided in this article is offered for general informational and educational purposes only. Opinions expressed are those of the writer and not necessarily Senioropolis.com. In no way are any of the materials presented meant to be a substitute for professional advice nor should it be construed as such.  Senioropolis Inc. has endeavoured to ensure the completeness and accuracy of the information contained on this website. However, neither it nor the administrator of the site assumes liability whatsoever for any errors or omissions, nor guarantees the accuracy, of the information herein.

Ontario Site Home | Ontario Articles | Ontario Retirement Homes | Ontario Nursing Homes | Resources for Seniors | Canada Retirement Directory  

 


 
Lumino Health
 
 
Comprehensive Guide to Retirement Living in Canada

Comprehensive Guide to Retirement Living®
(FREE PDF Download)

Canada-wide – 22nd Edition

  • What is a Retirement Residence? and Who Needs One?
  • Retirement Residence & Long-Term Care Visiting Tips –Important Questions to Ask and Things to Look For when touring
  • Emotional Aspects of Relocation
  • How to Make the Transition Easier
  • What if a Retirement Community is not the Right Option?
  • What is Long-Term Care?
  • Community Resources
  • Housing Options
  • Resource information on goods and services for seniors
Get it Here

Senioropolis on Facebook
Senioropolis on Twitter Senioropolis on LinkedIn Senioropolis on Pinterest Senioropolis on YouTube Senioropolis on Blogger

 


App

Apple
The Guide

Android
The Guide


Home
Follow Us
Senioropolis on Facebook
Senioropolis on Twitter
Senioropolis on LinkedIn
Senioropolis on Pinterest
Senioropolis on YouTube
Senioropolis on Blogger
Retirement Resources
Retirement Resources