UPDATE from the Landlord and Tenant Board
Check this FMTA link for details of the update: http://www.torontotenants.org/news/updates-landlord-and-tenant-board
Form T2 Application
You can file a Form T2 application if you have complained to the landlord repeatedly about a violation of the Residential Tenancies Act and the complaint remains unresolved.
Some landlords are ‘difficult landlords’ and commit violations on an ongoing basis because they are aware that many tenants are either unfamiliar with (or are intimidated by) the legal procedures available to seek redress against violations. Tenants need to familiarize themselves with the Residential Tenancies Act and the tools put in place to deal with landlord violations. One such tool is the Form T2 application. This application allows you to file a complaint and receive financial compensation from the landlord if you can prove that either the landlord, the landlord’s agent or the superintendent, or another tenant has committed an offence as outlined in the Residential Tenancies Act. You can also request that the landlord pay a fine to the Board for the violation. There is no fee or cost incurred by you when you file an individual T2 application.
Below is a summary of the reasons you can file a T2 application:
- The landlord, the landlord’s agent or the superintendent entered my unit illegally.
- The landlord, the landlord’s agent or the superintendent changed the locking system without giving me replacement keys.
- The landlord, the landlord’s agent or the superintendent seriously interfered with my reasonable enjoyment of the unit or of the complex. (Note – This includes instances where the landlord continually ignores or brushes off your complaints of a violation by another tenant related to your enjoyment of the building. For example, excessive noise, harassment, etc. Information related to noise violations commited by tenants is available at our link Problem Tenants).
- The landlord, the landlord’s agent or the superintendent withheld or interfered with vital services, care services or meals. (Note: Vital services are fuel, electricity, gas, hot or cold water, and the provision of heat from September 1 to June 15th )
- The landlord, the landlord’s agent or the superintendent harassed, interfered with, obstructed, coerced or threatened me.
- The landlord did not give me 72 hours to pick up my property from my unit or from someplace close to it, after the Sheriff evicted me. (Note: If you are applying for just this reason, the only remedies that the Board can order are remedies 2, 3, 5, 8, 10 and 11 in Part 3 of this application)
- The landlord of my care home has not given me a written tenancy agreement or, the tenancy agreement does not set out the care services and meals and/or the charges for them that we agreed to. (Note: If you are applying for just this reason, the only remedy the Board can order is an abatement of rent, remedy 1 in Part 3 of this application)
You can visit the Landlord and Tenant Board website and access a copy of the T2 the application at this link:
http://www.sjto.gov.on.ca/ltb/forms-filing/#tenant-forms
Tips on filing a Form T2
- Attach written records documenting all dealings with the landlord about the complaint. This record should consist of copies of complaint letters, a complaints log (or journal) that details all occurrences of a violation, all the person-to-person discussions and/or phone conversations with the landlord and must include dates and times of contact with the landlord. You can access a ‘sample complaint letter’ on Page 6 of the FMTA GETTING REPAIRS DONE publication.
- Attach photos of needed repairs to support your Form T2 application.
Note – the Landlord and Tenant Board only takes into account events that occurred in the previous 12 months. Therefore you should not delay too long in filing the T2 application.
Tips on etiquette at the Landlord and Tenant Board hearing
- Prepare thoroughly for your case well in advance of the hearing
- Have a ‘practice’ session with someone who is familiar with procedures at the Board
- Arrive on time for the hearing
- Be calm, polite and confident when presenting your case and answering questions even if the landlord presents dubious or questionable evidence
- Do not be disrespectful toward the adjucator or raise your voice in an angry manner.
- Stay focused on presenting your complaint
- Bring sufficient copies of all relevant documentation
- Bring along an interpreter if you are not comfortable with your English language skills.
- Always demonstrate respect for the adjudicator and address him/her as ‘your honour’
- It is recommended that you bring a credible witness to testify on your behalf
The Landlord and Tenant Board will set your hearing date to take place approximately 6-8 weeks after you file your T2 application.
NOTE – The ONTARIO TENANTS RIGHTS website provides extensive information on the legal rights of tenants and landlords across Ontario. You will also find information on Current Renters News and Issues, Housing and Rental news, and also other useful community links at this site.
Remember – You pay rent and abide by the conditions of the rental agreement and are therefore entitled to enjoy all the amenities in your building. Do not be intimidated by the landlord or landlord’s agent.
It is highly recommended you maintain detailed documentation of the violation(s) since the landlord might deny everything even though you are telling the truth.
There is no fee or cost incurred when a tenant files an individual T2 application.
NOTE: Other filings by tenants (for example T1, T3, T4, T5, T6, etc.) might require payment of a fee and it is recommended that tenants seek legal advice in these instances. The T6 Applications is usually filed by tenants who are dealing with major problems related to outstanding building and maintenance issues. You can access a copy of a T6 at this link:
http://www.sjto.gov.on.ca/ltb/forms-filing/#tenant-forms
Noise complaints – If you are having a serious problem of excessive noise all hours of the day and night from a neighbouring tenant we recommend that you visit our Problem Tenants link for detailed information on how to handle your problem.
Legal Assistance – You may want to consider hiring a lawyer or legal aid representative to assist you with filing the T2 application and to present your case to the Landlord and Tenant Board. (When considering group action against a landlord it would be prudent to seek legal advice.) However, legal aid providers will charge a fee for the services rendered.
You can view a short list of legal providers at the Legal Assistance link below.
This page has the following sub pages.
