Bill 184 Changes and Their Negative Effect on Tenants Part Three: Financial Impacts
When it comes to the interference with ‘reasonable enjoyment’, landlords have the ability to claim compensation.
Pursuing an eviction can easily be done by a landlord if a tenant decides to interfere with the reasonable enjoyment of the residential complex. This includes all of the other lawful rights, privileges or interests of the other tenants and landlord. In retaliation, tenants have the ability to raise a human rights-type of defense against an eviction of this sort if the behaviour is related to a disability, for example.
As well as following eviction for the reasons stated above, landlords are also now able to go after tenants for compensation financially. This is relating to any out of pocket expenses. It is still unknown as to whether or not tenants are able to raise a human rights defense against this type of claim.
The Rules Before vs. the Rules Now
The ability to obtain financial compensation for the interference of reasonable enjoyment never existed under the old rules and had not existed until now.
Under the new rules, landlords have the accessibility to obtain financial compensation if a tenant interferes, even if that interference happens to be tied to a tenant’s disability. As of now, there are no rules in place for tenants so that they can defend themselves against claims for compensation (when it comes to human rights cases).
In turn, this will unreasonably have a negative effect on susceptible tenants. Large financial compensations will end up being a side effect that is not under their control.
Illegal Increases Involving Rent Become Legal after the 12 Month Period
There happens to be detailed laws that take charge of rent increases in Ontario. It’s very common, however, to see tenants unintentionally & without knowing, pay illegal rent increases. This is because they are most often not aware of their rights under the RTA or have been harassed relentlessly by their landlord.
The Old Rules
Tenants were able to fight against an illegal rent increase before Bill 184 at the Landlord and Tenant Board. Back before the new rules were set, illegal increases could never become legal.
The New Rules
Under the new bill, illegal rent increases can become legal if the tenant pays the proper cost every month for 12 months consecutively.
Strangely enough, this change is often mistaken by the Limitations Act. In this instance, tenants as of now have fewer rights than any other civil proceeding in Ontario.
What Can Tenants Do?
When dealing with these sorts of disputes, it can often be disheartening and lead to stress and confusion all around. Oracle Legal Services will be with you for the process every step of the way. We give people the chance to stand up for their rights and protections as a tenant. If you want to learn more about our Landlord and Tenant Legal Services or would like a free consultation, call us today at 647-872-3484.