Relief from Eviction (Maintenance)
Access restrictions were established for this page. If you see this message, you have no access to this page.
Caselaw.Ninja, Riverview Group Publishing 2021 © | |
---|---|
Date Retrieved: | 2024-11-26 |
CLNP Page ID: | 540 |
Page Categories: | [Maintenance Obligations (LTB)], [Payment of Rent (LTB)] |
Citation: | Relief from Eviction (Maintenance), CLNP 540, <https://rvt.link/34>, retrieved on 2024-11-26 |
Editor: | Sharvey |
Last Updated: | 2023/02/01 |
Need Legal Help?
Call (888) 655-1076
Join our ranks and become a Ninja Initiate today
Residential Tenancies Act, 2006, S.O. 2006, c. 17[1]
83 (1) Upon an application for an order evicting a tenant, the Board may, despite any other provision of this Act or the tenancy agreement,
- (a) refuse to grant the application unless satisfied, having regard to all the circumstances, that it would be unfair to refuse; or
- (b) order that the enforcement of the eviction order be postponed for a period of time.
- (2) If a hearing is held, the Board shall not grant the application unless it has reviewed the circumstances and considered whether or not it should exercise its powers under subsection (1).
- (3) Without restricting the generality of subsection (1), the Board shall refuse to grant the application where satisfied that,
- (a) the landlord is in serious breach of the landlord’s responsibilities under this Act or of any material covenant in the tenancy agreement;
- (b) the reason for the application being brought is that the tenant has complained to a governmental authority of the landlord’s violation of a law dealing with health, safety, housing or maintenance standards;
- (c) the reason for the application being brought is that the tenant has attempted to secure or enforce his or her legal rights;
- (d) the reason for the application being brought is that the tenant is a member of a tenants’ association or is attempting to organize such an association; or
- (e) the reason for the application being brought is that the rental unit is occupied by children and the occupation by the children does not constitute overcrowding.
- (4) The Board shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of residential occupation, demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 48.1, 52, 54 or 55, as the case may be.
- (5) If a tenant has given a landlord notice under subsection 53 (2) and subsection 54 (2) applies, the Board shall not issue an eviction order in a proceeding regarding termination of the tenancy until the landlord has compensated the tenant in accordance with subsection 54 (2).
References
- ↑ 1.0 1.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK180>, retrieved on 2020-06-10