Failure of Landlord to Disclose Landlord Address

Residential Tenancies Act, 2006, S.O. 2006, c. 17

12 (1) Every written tenancy agreement entered into on or after June 17, 1998 shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act. 2006, c. 17, s. 12 (1).

(2) If a tenancy agreement entered into on or after June 17, 1998 is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord. 2006, c. 17, s. 12 (2).

(3) If a tenancy agreement entered into on or after June 17, 1998 is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act. 2006, c. 17, s. 12 (3).

(4) Until a landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be,

(a) the tenant’s obligation to pay rent is suspended; and

(b) the landlord shall not require the tenant to pay rent. 2006, c. 17, s. 12 (4).

(5) After the landlord has complied with subsections (1) and (2), or with subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4). 2006, c. 17, s. 12 (5).

12.1 (1) Every tenancy agreement that is entered into in respect of a tenancy of a prescribed class on or after the date prescribed for that class of tenancies shall comply with the following requirements:

1. The tenancy agreement shall be in the form prescribed for that class of tenancies.

2. The tenancy agreement shall comply with the requirements prescribed for that class of tenancies. 2017, c. 13, s. 5.

(2) Every tenancy agreement referred to in subsection (1) shall be signed by the landlord and the tenant on or before the day the tenant is entitled to occupy the rental unit under the tenancy agreement. 2017, c. 13, s. 5.

(3) This section does not apply with respect to a tenancy agreement entered into in respect of a tenancy of a prescribed class referred to in subsection (1), if the tenancy agreement is entered into before the applicable prescribed date referred to in that subsection, and even if the tenancy agreement is renewed or deemed to be renewed under section 38 on or after that date. 2017, c. 13, s. 5.

(4) Subsections (5) to (10) apply with respect to a tenancy agreement referred to in subsection (1) that does not comply with that subsection. 2017, c. 13, s. 5.

(5) The tenant of a rental unit who is a party to a tenancy agreement described in subsection (4) may, once during the tenancy, demand in writing that the landlord provide to the tenant, for the tenant’s signature, a proposed tenancy agreement that,

(a) complies with subsection (1);

(b) is for the occupancy of the same rental unit; and

(c) is signed by the landlord. 2017, c. 13, s. 5.

(6) If at least 21 days have elapsed since the day the tenant made the demand and the landlord has not complied with the demand, the tenant may, subject to subsections (7) and (8), withhold rent payments that become due after the expiry of that 21-day period. 2017, c. 13, s. 5.

(7) The maximum total amount of rent payments that a tenant may withhold under subsection (6) is an amount equal to one month’s rent. 2017, c. 13, s. 5.

(8) The tenant may not withhold rent payments under subsection (6) on or after the day the landlord complies with the demand. 2017, c. 13, s. 5.

(9) The landlord may require the tenant to pay to the landlord any rent payment withheld under subsection (6) only if the landlord complies with the tenant’s demand for a proposed tenancy agreement no later than 30 days after the date of the first rent payment withheld under that subsection. 2017, c. 13, s. 5.

(10) The landlord may require the tenant to pay withheld rent payments under subsection (9) even if the tenant does not enter into the proposed tenancy agreement provided to the tenant by the landlord. 2017, c. 13, s. 5.

(11) For greater certainty, a tenancy agreement is not void, voidable or unenforceable solely by reason of not complying with subsection (1) or (2). 2017, c. 13, s. 5.

(12) For greater certainty, nothing in this section affects the operation of section 12. 2017, c. 13, s. 5.

O. Reg. 9/18: TENANCY AGREEMENTS FOR TENANCIES OF A PRESCRIBED CLASS

1. The following class of tenancies is prescribed for the purposes of subsection 12.1 (1) of the Act:

1. The class that consists of all tenancies for occupancy of accommodation with respect to which all or part of the Act, other than Part V.1, applies, except for tenancies for occupancy of any of the following:

i. A rental unit in a care home.

ii. A rental unit that consists solely of a site for a mobile home.

iii. A rental unit that consists solely of a site on which there is a land lease home.

iv. Accommodation described in clause 6 (1) (a) or (b) of the Act.

v. A rental unit described in subsection 7 (1) of the Act.

vi. A rental unit described in subsection 6 (1) or (3) of Ontario Regulation 516/06 (General) made under the Act.

vii. Any accommodation which is not described in subparagraphs i to vi and for which the tenant pays rent in an amount geared-to-income due to public funding.

2. For the purposes of subsection 12.1 (1) of the Act, the prescribed date for the prescribed class of tenancies described in paragraph 1 of section 1 of this Regulation is April 30, 2018.

TSL-04079-19 (Re), 2019 CanLII 87637 (ON LTB)

9. The Tenant withheld one month’s rent because the Landlord failed to provide her with a standard lease pursuant to section 12.1 of the Act. The Tenant submitted that she is entitled to retain the rent withheld.

10. Pursuant to section 12.1 of the Act, effective April 30, 2018, Landlords, except those exempt under Ontario Regulation 9/18, must use the prescribed standard lease for tenancy agreements. The tenancy commenced in January 2019 and the Landlord is not exempt. On March 2, 2019, the Tenant requested in writing that the Landlord provide a proposed tenancy agreement based on the standard lease form. The Landlord did not respond within 21 days, therefore the Tenant was entitled to withhold one month’s rent and did withhold the rent for April 2019 in the amount of $2,000.00 (section 12.1(6) of the Act). At the time of the hearing, more than 30 days after the first rent payment was withheld, the Landlord had not provided the Tenant with a proposed standard lease. Thus, the Landlord may not require the Tenant to pay the withheld rent (section 12.1(9) of the Act). The withheld rent has been deducted from the amount of rent owing.

11. We have considered all of the disclosed circumstances in accordance with subsection 83(2) of the Residential Tenancies Act, 2006 (the 'Act'), and find that it would be unfair to grant relief from eviction pursuant to subsection 83(1) of the Act. The Tenant requested a delay of the eviction until July 31, 2019, to enable her to find new accommodation. The Landlord was agreeable to the delay, provided the Tenant paid the rent for June 2019. The Landlord has advised the Board that the Tenant has not paid the rent for June 2019. It would be unfair to delay the eviction and permit the Tenant to live rent-free for the month of June 2019.

TNL-22233-19 (Re), 2020 CanLII 31147 (ON LTB)

7. The Tenant said that, since the Landlord has not complied with subsection 12(2) of the Act which states that a landlord “shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord,” then under subsection 12(4) of the Residential Tenancies Act, 2006 (the ‘Act’), the Tenant’s obligations to pay the rent are suspended. Consequently, she said that she does not owe the Landlord any rent.

8. The Landlord’s legal representative submits that there is no dispute about the amount of arrears that are owing and that the Tenant has her own application pending, which is unrelated to the amount of rent owing. She submits that the Tenant’s issues can be dealt with separately. The Landlord is therefore seeking a standard termination order.

14. Section 12.1 is silent about a tenant’s demands for a written copy of a lease agreement.

15. Subsection 12.1(12) provides that nothing in the provisions about tenancies of a prescribed class affect the operation of section 12.

16. Therefore, I find that subsection 12(4) of the Act, which states the Landlord’s obligation to give a signed copy of the tenancy agreement to the Tenant within 21 days after the Tenant signs it and gives it to the Landlord, does, in fact, apply to this matter. The Tenant has requested a signed copy of the tenancy agreement, and the Landlord has failed to provide one within 21 days. Therefore, the Tenant’s obligation to pay rent was suspended.

17. The Landlord had not provided a signed copy of the tenancy agreement at the date of the hearing, so the Tenant’s obligation to pay rent remains suspended.

18. Since the Tenant’s obligation to pay rent was, and still is, suspended, the Landlord was not entitled to file an application for arrears of rent.

19. Since the Landlord was not entitled to file an application for arrears of rent, the Landlord’s application will be dismissed.