Toronto Renters Forum

Am I having déjà vu or are Doug Ford's Conservatives again trying to take credit for something Dalton McGuinty gave us renters years ago?

In announcing that the Guideline Rent Increase is going to be 2.5% this year, the Conservatives are again trying to take credit for capping this increase below the cost of living...  here's a couple of quotes:

The Ontario government is continuing to strengthen protections for tenants by holding the rent increase guideline for 2024 at 2.5 per cent, well below the average inflation rate of 5.9 per cent.

... and ...

“Our government knows the cost of living continues to be a challenge for many Ontarians, including renters, which is why we are holding the rent increase guideline at 2.5 per cent,” said Steve Clark, Minister of Municipal Affairs and Housing.

But as I pointed-out last year, the 2.5% maximum guideline rent increase is codified in Section 120 (2) 2, "Guideline", of the Residential Tenancies Act.

This is not a change the Conservatives introduced into the law – that stipulation has been in the Residential Tenancies Act since June 19 of 2012 (according to Canlii), when it was passed into law by Dalton McGuinty’s Liberal government.

So it’s good news about the guideline being capped, but disappointing to see Ford yet again taking credit for something that he did not not do.  In fact, the changes that the Conservatives have made the law have removed rent control for new buildings – Ford is no friend to renters!

The guideline rent increase for 2023 has been announced, it’ll be 2.5%:

   https://news.ontario.ca/en/release/1002167/ontario-caps-2023-rent-increase-guideline-below-inflation-at-25-per-cent

The announcement goes on to state:

“As Ontario families face the rising cost of living, our government is providing stability and predictability to the vast majority of tenants by capping the rent increase guideline below inflation at 2.5 per cent,” said Steve Clark, Minister of Municipal Affairs and Housing. “We continue to look for ways to make homes more attainable for hardworking Ontarians, while making it easier to build more houses and rental units to address the ongoing supply crisis.”

Doug Ford’s Conservatives are taking credit for capping the rent increase, but it wasn’t them who capped the guideline.  The 2.5% maximum of the guideline rent increase amount is codified in Section 120 (2) 2, "Guideline", of the Residential Tenancies Act:

   https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec120subsec2

This is not a change the Conservatives introduced into the law – that stipulation has been in the Residential Tenancies Act since June 19 of 2012 (according to Canlii), when it was passed into law by Dalton McGuinty’s Liberal government.

So it’s good news about the guideline being capped, but disappointing to see Ford taking credit he is not due.

The title says it all...  the newer apartments that were first rented after November 2018 have no rent control in Ontario, meaning that unscrupulous landlords can jack-up the rents by any amount they want.

THIS is why housing must be protected as a human right, and not treated as merely an investment by which the greedy rich can exploit the needs of the rest of us.

https://toronto.ctvnews.ca/toronto-couple-shocked-when-rent-increases-25-per-cent-1.5782765

Unfortunately, the Residential Tenancies Act (the Ontario law that governs landlords and tenants) allows your landlord to enter your apartment without giving 24 hour prior notice for the purpose of showing your unit to prospective new tenants.

Here’s a link to the relevant statute:

   https://www.canlii.org/en/on/laws/stat/so-2006-c-17/latest/so-2006-c-17.html#sec26subsec3

Which states…

26 […]  (3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

(a)  the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

(b)  the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

(c)  before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so.  2006, c. 17, s. 26 (3).

According to subsection “(c)”, the landlord is supposed to make a reasonable effort to inform you prior to showing your apartment.  The “reasonable effort” clause actually helps both tenants and landlords because tenants get a little warning of the impending disruption, and it also gives tenants an opportunity to make the unit more presentable for the landlord’s showing which is good for the landlord.

I’m not saying that you should do anything to break the law nor be unfair to your landlord, but your landlord may start giving you more and better notice if they find that the apartment isn’t showing so well because you aren’t as able to keep the apartment clean and tidy if you don’t get adequate notice.  Dishes don’t get done and laundry doesn’t get picked-up by itself, does it?  But with better notice you have more time to ensure that these chores do get done without interrupting your workday.

Also, you have a right to free speech – you could complain to your landlord in front of the prospective tenants if you feel that the landlord has not made a reasonable effort to give you advance notice – this is a signal to the prospective tenants that your landlord doesn’t treat their tenants very well, and is helpful information for prospective tenants to know as they consider their options.

Also, you have a right to insist that anyone entering removes their shoes, and wears a mask (COVID).

Ultimately your landlord will treat you better if they think that it’s in their best interest to do so.

The terrific Steps to Justice website has some information regarding showing apartments.

I spoke to a city inspector yesterday, and I asked him who do tenants contact regarding pests.

He told me to contact the following numbers:

If anyone is experiencing any issues with Bed Bugs, please contact Toronto Health Connection at 416-338-7600.

For all other pests, (Mice, Cockroaches, Rats...etc) , please contact 311 and ask for a property standards officer or you can also email them directly 311@toronto.ca.  This way you can keep it on record.

You should consider calling the City of Toronto to file a complaint with them.  There are two main department that might be helpful – Toronto Public Health, and “Rent Safe TO”.

Public Health can send a health inspector to view the status of your apartment, and their inspector has the authority to order your landlord to do things, so the complaint to make with them is that your apartment is unhealthy (dusty, poorly maintained, do you have any holes in your walls?).

RentSafeTO also has inspectors, and they can issue orders and fines to Akelius, and they enforce some rights that you may not know that you have.  In particular, check-out this webpage:

   https://www.toronto.ca/community-people/housing-shelter/rental-housing-tenant-information/rental-housing-standards/apartment-building-standards/rentsafeto-for-tenants/

On that webpage, click on the section: “Making a Service Request to Your Landlord”, which explains that landlords have to respond to urgent maintenance requests within 24 hours, and all other maintenance requests within 7 days.  (Unfortunately, lots of tenants find that RentSafeTO is a bit of a “black hole” with respect to tenant complaints – they are frequently ignored, so you might have to pester them to do their job and help you.  But if you have the time then it can be worth it.)

Both Toronto Public Health and RentSafeTO can be reached by telephoning “311” or e-mailing: 311@toronto.ca