Law Talk: Dealing with your landlord

The Landlord and Tenant Board applies the Residential Tenancies Act in residential landlord and tenant cases.

One of the Board's responsibilities is to provide information about the Act to landlords and tenants. In many cases, once landlords and tenants are aware of their rights and obligations they can resolve their own problems. However, if a landlord and tenant cannot resolve their problems, then another responsibility of the Board is to resolve these problems for them.

Landlords and tenants can file an application with the Board. An application can be made in person at any Landlord and Tenant Board office, or by sending an application by mail, courier or fax to a Landlord and Tenant Board office.

The Landlord and Tenant Board deals with a variety of issues such as:

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

- What should a tenant do if repairs are needed to their building or unit?

- What can a tenant do if their landlord does not turn on the heat?

- Can the landlord enter a tenant's unit?

- How often can my rent be increased?

- Can a tenant break a lease?

- For what reasons can a landlord evict a tenant?

Once an application is filed, the parties have an opportunity to have their problems addressed at a hearing. At the hearing, a Member of the Board will make a decision on the application based on the evidence presented by the landlord and tenant. Or, if both the landlord and tenant agree, a Mediator from the Board or outside of the Board, can work with them and try to help them reach their own agreement. Attempting mediation does not prevent having a hearing at a later date.

Mediators will assist the parties in focusing on their interests, so they can find potential solutions to satisfy those interests. The mediator does not offer a personal opinion or give advice to either party to the mediation regarding the merits of the application.

If an agreement is made, the mediator prepares a written agreement based on the parties' settlement. If a written mediated settlement resolves the issues raised by an application, the application will be dismissed.

As with all mediations, anything said in the mediation and any offers to settle will be confidential and, where no agreement is reached, may not be used by one party against another in the same or any other proceedings. In addition, Mediators do not reveal information obtained in mediation to any other persons.

This column provides legal information only. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS (a $6.00 charge will apply). Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.