LANDLORD AND TENANT
We represent businesses, landlords and tenants for both residential and commercial tenancy disputes. Residential disputes are governed by the Residential Tenancies Act (RTA) and adjudicated before the Landlord and Tenant Board.
We handle a range of contested eviction and non-payment of rent applications for residential and commercial landlords. If you are seeking to evict a residential tenant or have been served with a notice of termination, several important steps should be taken.
As a landlord seeking to evict a tenant, there are a number of options available which may depend on the conduct of the tenant and whether the lease term has expired. Our work includes drafting comprehensive residential and commercial leases for business owners and prospective tenants. We are committed to vigorously advancing these types of applications. Evictions are often very emotional, it is important to ensure adequate precautions are taken to avoid delays and possible dismissals.
The Firm is frequently consulted by the Media for High Profile Landlord and Tenant Litigation in Toronto. We have handled high profile disputes where Tenants have defrauded Landlords by illegally subletting their units on short term lease arrangements for a profit. The Firm has been consulted for expert commentary from CityNews, CTV, McLeans Magazine, Thomson Reuters, Chatelaine Magazine, Metro News, CBC News, Toronto Star, Law Times and many other Toronto Media organizations.
We have also handled situations where Tenants illegally and surreptitiously convert their unit into a rooming house, unbeknownst to the Landlord. These instances have at times created significant uninsured financial loss to the Landlord.
We specialize in handling a number of complex evictions where a family member wishes to occupy the unit or for non-payment of rent.
The Firm has become a leader in various areas of Commercial and Civil Litigation in Toronto. The Firm’s extensive practice in Criminal Law, specifically its experience in Fraud and Financial Crimes has created the ideal compliment to other disputes it handles over money.
The Firm has successfully advanced a number of contested eviction, non-payment, harassment and other litigious Applications between Tenants and Landlords in Toronto. The Firm has appeared before a number of Tribunals in Southern Ontario, successfully advancing Applications for both Tenants and Landlords. Mr. Stuart O’Connell, has even taught Landlord and Tenant Law including to new legal licencing professionals.
The Firm’s Criminal practice has defended people charged with Fraud Under $5000 in Toronto for surreptitiously subletting their rental units without the Landlord’s knowledge or even physically owning the property. Paradoxically, the Firm’s litigation team has also prosecuted Tenants for illegal sublets or unlawful rentals for a profit on short term rental sites such as airbnb. The Firm has acted for Doctors, Pharmacists, Executives and other High Profile Tenants in Toronto for issues ranging from unlawful entries, illegal rent increases and harassment by Landlords.
The Firm has also acted for various Landlords in Toronto, ranging from families renting basement apartments to multi-unit commercial complexes and even Municipalities. The Firm has even been hired to evict other Legal Professionals who are Tenants in Toronto.
Are “No pet” Provisions in a Residential Lease Legal?
Pursuant to the Residential Tenancies Act, a provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.
What are some of the Responsibilities of Landlords?
The Residential Tenancies Act provides that a landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. A landlord is also prohibited from interfering with the reasonable enjoyment of the tenant.
How can a Tenancy be Terminated?
The Residential Tenancies Act provides different rules for terminating a tenancy, depending on whether the term of the lease has expired. Common situations we handle include termination for non-payment of rent, damage, illegal acts, interference with reasonable enjoyment and possession for landlord’s own use.
When can a Landlord enter a Residential Unit?
The Residential Tenancies Act provides a landlord may enter a rental unit without written notice in cases of emergency or if a tenant consents to enter at the time of entry. There are also specific provisions dealing with a landlord’s right to enter a rental unit to show the unit to prospective tenants.
We have experience handling a range of contested commercial and residential tenancy applications. We are committed to upholding our reputation for delivering practical legal solutions.