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Ontario|Landlord & TenantResidential 429 Tenants' rights if care services are provided
- Types of housing with care services
Generally, tenants whose landlords provide care services have different rights from most other residential tenants in Ontario. Care services are usually included in retirement residences, special group homes, or boarding homes where the landlord assists with tenants' health treatment or daily living.
- Rights of care home tenants
There are five legal differences that affect the rights of care home tenants. These include: the requirement for a written tenancy agreement, the ability of the landlord to enter a tenant's unit, the landlord's right to charge the tenant for certain services over and above the rent amount, the notice required for a tenant to move out, and the reasons why a landlord may evict a tenant.
- Written tenancy agreements
First, tenancies that include care services are required to have a written tenancy agreement which details the cost of rent, meals, and other care services. However, the tenant has the right to cancel the agreement within five days of signing it.
- Landlords' right to enter the rental unit to clean
A second difference in tenancies which provide care services to the tenant or provisions for cleaning the tenant's rental unit, is that the landlord or its employees are allowed to enter the tenant's unit at any time without notice in order to fulfill their duties under the agreement. However, the tenant has the right to cancel the landlord's right to enter by informing the landlord in writing.
- Landlord's right to increase fees for services
Third, although the landlord can only raise the rent every 12 months by an amount that the Ontario government sets, the landlord can increase the charges for meals and care services by any amount if they give the tenant at least 90 days notice in writing.
- Tenant notice requirements to move out
Fourth, a care home tenant can end their tenancy by giving the landlord 30 days notice in writing. This is less notice than other tenants are required to give.
- Valid reasons for eviction
Fifth, a landlord can only evict a care home tenant for a good legal reason, which usually means that the tenant has not paid rent or is seriously disturbing other tenants. Under the law, a tenant who receives care services can also be evicted if the landlord can no longer provide the proper care services needed by the tenant. If the landlord wants to evict a tenant for this reason, they are required to apply to the Ontario Rental Housing Tribunal to have the tenancy terminated. Before the Tribunal makes a decision, the tenant will normally have an opportunity to explain their side to the Tribunal. However, the tenant may be required to first attend a mediation session. Mediation is an informal meeting between the landlord, the tenant, and a government appointed mediator. The mediator assists in resolving the problem but does not decide whether the tenant should be evicted. A tenant does not have to settle the issue at mediation, and may choose to have the Tribunal make a decision.
If the landlord applies to evict a tenant because the landlord claims that the tenant's needs cannot be met, the tenant should contact a legal clinic in the area or consult a lawyer. Legal clinics are listed in the Blue pages of the telephone book.
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