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by-laws

Brampton Real Estate Recap: March 13 – March 20, 2010

March 21, 2010 · 0 comments

Brampton Real Estate Recap

Hi everyone

I will be starting a new weekly segment on my blog called the Brampton Real Estate Recap, where I will be summarizing some of the most common questions I received from my buyers, sellers, or readers from this blog.  Most of these questions are quite relevant to how the Brampton real estate market is doing and the common issues that clients are facing when buying or selling.

If any of you have any questions you’d like to have answered and possibly featured here in an upcoming article, I invite you to join my Brampton Real Estate Message Board.  It’s free to sign up, and you’re encouraged to post your thoughts, questions, or suggestions about anything.  I’ll post any helpful or interesting questions here every week.

And now, without further delay, here are my top real estate questions of the week:

What does “sold conditionally” mean?  Can I still see the house?

When an offer is accepted between a buyer and a seller, the offer is considered only sold conditional.  Typically, in the sale of a home, the buyers will have 5 business days to arrange financing with their bank and have a home inspector visit the home to ensure that there are no major defects with the house.  If the sale involves a condo apartment or townhouse, the buyers will have 5 business days to arrange financing with their bank and typically 2 business days to have their lawyers review the status certificate from the condo corporation.  Whether it’s a house or a condo, if both of these conditions are fulfilled, the deal is then able to go firm.

During the conditional period, sellers have the option of continuing to allow prospective buyers to view the property or suspending showings altogether.

What is a status certificate?

I’ve written a previous article about this here, but in summary, a status certificate is a report that is ordered by the seller upon acceptance of an offer and provided to the buyer for review.  This report outlines important information, such as the condo corporation by-laws, how much money is in the reserve fund, the current budget, how much maintenance fees are and whether they are predicted to increase or remain the same, potential claims against the corporation, and other financial information.  The buyer’s lawyer will review this status certificate and determine whether or not the condo corporation is healthy or not, and if it is, the buyer will be advised to proceed with the purchase.

What should I expect if I’m a buyer in this market?

Despite the fact that Brampton is one of the busiest real estate areas in the GTA, inventory of good homes are still low.  This has created a hot sellers market, and buyers who eventually find a suitable home find themselves competing in a multiple offer scenario with other buyers.  Many homes are selling close to listing price, and a handful are selling above listing price.  If you are in the market of buying a home, be prepared to submit an offer on the same day you find the right home, provided the sellers are accepting offers.  If you wait even a day or two, it may be too late.

I heard I’ll need a 10% down payment after April.  Is this true?

If you’re purchasing a resale home to live in, you will still be able to purchase with just 5% down.  The only change in mortgage rules is for buyers who will be purchasing rental income properties that they won’t be occupying, and if that is the case, they’ll be required to put 20% down.

Will I have to pay HST on the purchase of my home?

If you’re buying a new home, read my article here.  If you’re buying a resale home, all taxes are already included in the purchase price!  You will, however, be paying HST on such services as your legal fees, home inspection, and other real estate related services.

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Is my Brampton basement apartment legal?

January 5, 2010 · 3 comments

Brampton Basement Apartment

This is probably the most popular topic of conversation on my blog, as well as the most asked about topic in my emails.  Hopefully the information I provide below will be clear, concise, and answer all your questions as thoroughly as possible.  If you haven’t already done so, please read my previous article on basement apartments in Brampton.

I’m confused.  What is the definition of a basement apartment according to the city?

A basement apartment is a self-contained apartment consisting of a room or rooms in a single or semi-detached house. A basement apartment may be in any part of the house, not necessarily in the basement. Some people call these apartments granny flats, nanny suites, accessory apartments and second suites. The City’s bylaw refers to them as “residential units.”

A self-contained apartment must have a separate means of entry (which may be through another unit), a kitchen (or cooking area) and bathroom facilities. A self-contained apartment may be as small as a single room that contains all of these features.

–> However, if you rent a room in a house or a flat with a shared entrance, kitchen and bathroom facilities, this bylaw does not apply to you. <–

Who enforces these by-laws?  Is this Ontario-wide or does this only apply to Brampton?

In 1994, the Government of Ontario proclaimed Bill 120, which permitted second units in houses. The bill permitted the units, despite Brampton’s municipal zoning bylaws, if the units met health and fire safety standards.

On November 16, 1995, the Government of Ontario introduced Bill 20, restoring to municipalities the right to outlaw basement apartments. Bill 20 became effective on May 22, 1996.

Bill 20 prohibits new apartments in houses after May 22, 1996. The bill allowed homeowners to keep apartments in houses that tenants or other residents occupied on or before November 16, 1995 – if they conform to the requirements of the original Bill 20. It also allowed apartments that homeowners built between November 16, 1995 and May 22, 1996 if the City issued a building permit.

So if my house has a basement apartment, how do I know if it’s legal or not?

If you purchase a home in Brampton and the basement apartment was built after November 16, 1995, it is illegal. The only legal basement apartments in Brampton had to have been built prior to that date, and have had to been registered with the city before January 31, 2006 and/or have legal non-conforming status.

A single or semi-detached registered home can only have one basement apartment. Homes that have been subdivided into more than two units are strictly prohibited unless the property has been specifically zoned to permit multiple units. It is extremely rare to find a house that has been zoned as a triplex!

Can I legally convert vacant space in my home into a basement apartment?

NO! The City Of Brampton states:

More than one dwelling unit is not permitted and is not safe.  The property must be returned to a One Dwelling Unit house regardless of who is occupying the additional dwelling unit.

Definition of dwelling unit as per 1994 Ontario Building Code “Dwelling Unit means a suite operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping, and sanitary facilities”.

The property shall be converted back to a one dwelling unit house by completing ALL of the following:

  1. All tenants/occupants must be removed from one of the dwelling units, and
  2. The locks separating the units shall be removed and replaced with passage sets, and
  3. Owners must sign the “One Unit Dwelling Declaration” located at the back of this package and provide to the Fire Prevention Officer, and
  4. Ontario Fire Code Division B, 2.13.2.1. requires operating smoke alarms on every storey located outside of the sleeping area, and
  5. City of Brampton By-Law 275-98 as amended requires that a Carbon Monoxide alarm (CO alarm) is installed outside of the sleeping area in a house that contains a fuel-fired appliance (eg. gas / oil furnace, fireplace).

A Fire Prevention Officer will attend your residence after 90 days to inspect the entire property and the expectation is that the building is fully compliant with all codes and by-laws. The expectation is that the building will be converted back to a One Dwelling Unit house and if not, charges will be filed.

Failure to comply with all applicable codes and by-laws will result in prosecution.

Can I still register an older home that had a basement apartment before November 16, 1995?

A home with a basement apartment that a previous owner had not registered with the City of Brampton may still have legal non-conforming status. Contact Enforcement and By-Law Services to determine whether the home has this status.

If City staff investigate the situation and discover enough evidence to prove that the home had a basement apartment before November 16, 1995, the staff can add your unit to the City’s Registration List — if you have complied with the requirements under the Building Code and Fire Code and you have clearance from the Electrical Safety Authority. Converting and upgrading the apartment to meet standards may cost you more than $15,000. However, you may also qualify for a grants for converting your property through the Canada Mortgage and Housing Corporation (CMHC).

If staff do not find enough evidence that the home had a basement apartment before November 16, 1995, the City will require the homeowner to dismantle the unit or face prosecution.

What should I be watching out for when I am looking to buy a home with a basement apartment?

Lawyers or real estate agents such as myself can confirm the status of a basement apartment with the city in order to provide you with the right information.

Real Estate Agents are bound by code of conduct guidelines and must fully and fairly disclose all information about a property for sale. Homes with doubtful legal status are typically listed with the caution “Vendor does not warrant retrofit status”, and you may have to seek further legal advice before proceeding with the purchase of a home.

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  • Dan
    Hi Lang, Reading this post, the previous one, and all the comments has greatly informed me on this issue. Thank you very much! Here is my situation, I'm not sure what to do next. Sorry it is so long....it just blew up on me yesterday...I hope you can offer some advice. I currently rent the basement in a detached home that is separated into 3 separate units, each with their own entrance, kitchen, bathrooms, etc. I enter the basement through a door in the garage, the guy above me enters on the side of the house, and the woman on the top floor enters by the front. The owners live in Oakville. After reading your post, it seems that this arrangement would be illegal UNLESS the house has special triplex zoning, right? Now, my actual problem is that the landlord has been an absolute deadbeat. First, there was a water puddle in the laundry area which he said he would fix. This past December, I signed a month-to-month tenancy agreement with his wife (in her name). She immediately gives me an envelope with a letter in it telling me I need to do any repairs, can't have an air conditioner, and that he basically does not want to be bothered with any complaints. Almost immediately, my bath tap began constantly leaking. Now it is a constant stream of (hot) water....the leaking tap in the laundry room and accompanying puddle is still there and has been for who knows how many months. Also, there are 3 separate drips in the water heater/furnace area (in my apartment). Lastly, the tenant on the top floor says her kitchen sink is basically useless because it leaks and backs up. I only finally contacted him at the beginning of April when I'd had enough. Initially, he told me he was going to take care of it and strung me along until mid may... one of the other tenants had a plumber friend who was going to come in and look at my place....he had already said that her sink was not up to code.....that morning, he called her and threatened her to not have the guy in, his guys would come instead. He also told her she should leave and he will evict her.....then he backed off. He actually copied me on the email of him saying this to her. So three guys showed up a few days later and said nothing (didn't speak English I think)..and did nothing. He told me he would fix it within 2 weeks. It has now been 3 weeks. I called him again yesterday about it and he started trying to put me off....I was supposed to do repairs, he's too busy, oh they'll come fix it in another 2 weeks... And finally, he's saying "I don't want to have this conversation....I keep the rent low and give month-to-month so I don't have to hear any complaints or do anything for the house....I want you to find somewhere else to live...July is your last month. I have every legal right to make you leave." Obviously, he does not. However, now the water is becoming a big problem with the hot/humid weather....in the last 5 days or so, my apartment has begun smelling very strongly of mold. I have cleaned and looked everywhere for a source for it, but I think it is now in the walls, and the wet floor of the water heater/furnace area...my bathroom never dries...my towels never dry. So, basically, he has left it with me that: -he has no intention to pay for, nor do any repairs to the house. -He has repeatedly threatened to evict me and the woman each time we have contacted him about repairs. -I believe this house is an illegal triplex -the tenant in the third unit is moving out at the end of June, and there is a craigslist ad for it) -I need to get out of here as I believe it is hurting my health. In the beginning of May, I had a very severe lung infection and missed almost 2 weeks of work. In the winter, I also had the same illness. -I want to move out, but I definitely want this guy to be as fined and screwed as possible for his slumlord actions. Today I called Brampton Bylaw Enforcement....they told me that the house was registered for a basement apartment... but the woman on the phone didn't know about 3 units. Also, that it would take up to 7 business days for an officer to even be assigned to my case and contact me. Between now and then, are there any avenues of inquiry I can pursue? I can think of: -calling the provincial Investigation and Enforcement Unit -calling Brampton Zoning -calling some other city department? -calling a legal clinic or other legal help (any suggestions?) Is there any other advice you can give me? I'm not sure yet if you have apartment listings, but I will check. Again, thank you in advance. Dan

  • lang
    Neil Thank you so much for the kind words - glad my article was useful! :) Lang

What are my rights as a landlord or tenant in Brampton?

January 18, 2009 · 6 comments

for rent

Over the last year of blogging, I’ve noticed that I’ve received the MOST inquiries about tenant and landlord rights, so I thought it’d be a good time to go over some of the essential things you need to know.

Landlord and tenant rights in Brampton are governed by the Landlord & Tenant Act of Ontario.

I’ll list some of the most commonly asked questions and their answers, and then provide a link at the end for anyone who needs more information.  These questions are taken directly off the Landlord & Tenant Board website of Ontario.

Can the landlord refuse to rent to a person if they have a pet?

Yes, if a landlord has a “no pets” policy and they learn that a person applying to rent an apartment has a pet, the landlord may refuse to rent to that person.

Can a landlord ask a person applying for a rental unit to provide information about their Income, credit references and rental history?

Yes, when choosing a new tenant, a landlord can ask the person applying for the rental unit to provide information such as: current residence, rental history, employment history, personal references and income information (if credit references and rental history information are also requested).  However, the Ontario Human Rights Code has special rules about asking for information about the income of a prospective tenant.  Landlords must follow these rules.

Who is responsible for maintaining the unit?

It is the landlord’s responsibility to maintain the unit and ensure that it is in a good state of repair, even if:

  • the tenant was aware of problems in the unit before they moved into it, or,
  • the landlord puts into the lease that the tenant is responsible for maintenance.

However, the tenant is responsible for keeping the unit clean, up to the standard that most people consider ordinary or normal cleanliness.  The tenant is also responsible for repairing or paying for any damage to the rental property caused by the tenant, their guests or another person living in the rental unit.

Can a tenant withhold rent because their landlord isn’t properly maintaining their building or unit?

No.  If the tenant withholds rent, the landlord can give the tenant a notice of termination for non-payment of rent and then file an application to evict the tenant.

What should a tenant do if repairs are needed to their building or unit?

A tenant should first talk to the landlord and let the landlord know what the problems are.  The tenant should also put all the problems in writing and give this to the landlord or the person that takes care of these problems (e.g. the superintendent or property manager).

If the landlord refuses to do the repairs or the tenant thinks that the landlord is taking too long to deal with them, the tenant has several options.

See the Board’s brochure on “Maintenance & Repairs” for information about what a tenant might do.

When does a landlord have to turn the heat on?  What temperature does my landlord have to keep my apartment at?

If a landlord provides heat, the Act requires the landlord to keep the heat to at least 20 degrees Celsius from September 1 to June 15.  In addition, many municipalities have their own property standards or bylaws about heat.  You should contact you local municipal government to find out if your community has a bylaw that sets minimum standards for heat.

What can a tenant do if their landlord does not turn on the heat?

Heat is a vital service.  If the landlord is responsible for providing heat and the landlord does not provide heat to the standards identified in the previous question, the landlord may be committing an offence.  You may call the Investigations and Enforcement Unit of the Ministry of Municipal Affairs and Housing at 416-585-7214.

Can a landlord enter a tenant’s unit?

The Residential Tenancies Act (the Act) allows a landlord to enter a tenant’s unit only under specific circumstances.  In most cases, the landlord must first give the tenant 24 hours written notice, stating when they will enter and for what reason.  There are some exceptions, however, such as in the case of an emergency or if the tenant agrees to allow the landlord to enter the unit.

For more information about when a landlord can enter a tenant’s rental unit, see A Guide to the Residential Tenancies Act.

Can a tenant refuse to let the landlord in if the landlord wants to enter their unit?

If the landlord enters the tenant’s unit as allowed by the Act, the tenant cannot refuse to let the landlord in. If the tenant does not let the landlord in, the landlord can give them a notice of termination claiming that the tenant is interfering with their lawful rights.  A Member could order the tenant’s eviction for this reason. Also, interfering with a landlord’s lawful right is an offence under the Act, and the tenant could be prosecuted.

For information about when a landlord can enter and how much notice a landlord is required to give before entering a tenant’s rental unit, see A Guide to the Residential Tenancies Act.

What can happen if a landlord enters a unit illegally?

If a landlord enters a tenant’s unit illegally, the tenant may file an application with the Board. If the Board finds that the landlord has entered the unit illegally, there are a number of things that the Board may order. For example, the tenant could receive an abatement of rent or the landlord could be ordered to pay a fine. What is ordered is up to the Member who hears the application.

For information about when a landlord can enter and how much notice a landlord is required to give before entering a tenant’s rental unit, see A Guide to the Residential Tenancies Act.

Can a tenant change the locks?

A tenant cannot change the locks unless the landlord agrees.  Also, the tenant cannot add locks that might stop a landlord from entering the unit if there is an emergency or if the landlord has a valid reason for entering the rental unit and the landlord has given the tenant proper notice to enter.  If the tenant does change the lock, a copy of the key should be given to the landlord immediately.

Can the landlord change the locks?

A landlord can change the locks while the tenant is living in the unit as long as they give the tenant a key for the new lock.

Note:  Once a tenant has been evicted from the unit, the landlord can change the locks, even if the tenant has left property in the unit. The landlord does not have to give the former tenant replacement keys in this case.

How often can the rent be increased?

The landlord cannot increase the rent for a new tenant until 12 months after the tenancy started.   Then, the landlord is allowed to increase the rent once every 12 months.

Does a landlord have to notify a tenant of a rent increase?

Yes.  In order for a landlord to increase the rent, the landlord must give a written notice of rent increase to the tenant at least 90 days before the day the rent increase is to start. The notice must tell the tenant how much the new rent will be and when to begin paying the new rent.  If the tenant thinks that the new rent is too high and they do not want to pay it, this allows the tenant enough time to give the landlord proper notice of termination and move out before the rent increase begins.

Does a landlord have to give rent receipts?

Yes, if a tenant asks for them.  The Act requires a landlord to provide rent receipts, free of charge, to a tenant when the tenant asks for them. A tenant can ask for a receipt for any payment or deposit the tenant gives to the landlord, including a payment for rent arrears.  It is an offence for a landlord to fail to provide a rent receipt when one is requested by a tenant.

This rule also applies to a former tenant – The landlord must provide a former tenant with receipts if they request it, as long as the former tenant makes their request within one year of the date they moved out.

What information must be provided in a receipt?

A rent receipt must include at least the following information:

  • the address of the rental unit;
  • the name of the tenant(s) to whom the receipt applies;
  • the amount and date for each payment received for any rent, rent deposit, arrears of rent, or any other amount paid to the landlord and shall set out what the payment was for;
  • the name of the landlord; and
  • the signature of the landlord or the landlord’s agent.

When is the rent considered late?

Rent is considered late if it is not paid by the day that it is due.  For example, if the rent is due on the 1st of the month and it is not paid by on that day, it is late.

If a tenant is late with their rent, what can the landlord do?

If a tenant does not pay rent on the date that it is due, the landlord can give the tenant a Notice to End a Tenancy Early for Non-payment of Rent (Form N4). This notice gives a tenant who pays rent monthly 14 days to pay the rent due or to move out. If the rent is not paid, and the tenant does not move, the landlord can make an application to the Board for an order:

  • requiring the tenant to pay the rent that is owing, and
  • evicting the tenant if they do not make the entire payment by a specified deadline

See the Board’s brochure on If a Tenant Does Not Pay Rent for more information.

If a tenant is often late with the rent, the landlord may give a Notice to Terminate a Tenancy at the End of Term (Form N8) for persistently paying rent late.  Daily or weekly tenants must be given 28 days notice and in all other cases, the tenant must be given 60 days notice.  In this case, the landlord can apply to the Board for an order evicting the tenant right after giving the tenant the notice.

Can a landlord charge a person a deposit or a fee to rent a unit?

Yes, a landlord can collect a rent deposit if it is requested on or before the day that the landlord and tenant enter into the tenancy agreement. The rent deposit cannot be more than one month’s rent or the rent for one rental period, whichever is less.   For example, if rent payments are made weekly, the deposit cannot be more than one week’s rent; if rent payments are made monthly or bi-monthly, the deposit cannot be more than one month’s rent.

The rent deposit must be used for the rent for the last month before the tenancy ends.  It cannot be used for anything else, such as to pay for damages.

Does a landlord have to pay interest if a rent deposit is collected?

Yes, the landlord must pay the tenant interest on the rent deposit every 12 months.  The amount of interest that a landlord must pay is the same as the rent increase guideline that is in effect when the interest payment is due.  The guideline is set each year by the Ministry of Municipal Affairs and Housing.  Information about this year’s rent increase guideline can be found in the Brochures by Topic section of our website.

Note:  Landlords may deduct the amount needed to update the rent deposit (so that it equals the current rent) from the interest that is owed to the tenant.  See previous question.

If the landlord does not pay the interest owed to the tenant when it is due, the tenant can:

How much notice does a tenant have to give if they want to move out?

When a tenant decides to move, they must provide a written notice of termination to the landlord. In most cases, this is a 60-day notice. The termination date must be the last day of their rental period or their lease, even if this is more than 60 days.

For example, if it is a monthly tenancy that begins on the first day of each month and the tenant gives the landlord notice on June 15th, the termination date would be August 31.

In the case of a weekly tenancy, the tenant must give the landlord at least 28 days notice before the last day of the final week of the tenancy.

If the tenant pays rent on a daily basis, 28 days is also required.

For more information, see the brochure on How a Tenant can End Their Tenancy.

Can a tenant break a lease?

Breaking a lease means that a tenant wants to leave their unit before their tenancy agreement is over.  For example, a tenant who signed a one year lease might want to leave their unit in the eighth month.

A tenant and landlord can agree to break a lease. It is best for both parties if this agreement is in writing and is signed by the landlord and the tenant. If the landlord is not willing to break the lease, the tenant has the right to assign the unit to a new tenant with the landlord’s consent.

For more information see the brochure on How a Tenant can End Their Tenancy.

What is the difference between assigning and subletting a unit?

Assigning a unit means that the tenant moves out of the unit permanently and transfers their tenancy to another person.  All the terms of the original rental agreement stay the same – the amount of the rent and what services are included etc.   For more information about the rules for assigning a tenancy, see our brochure on How a Tenant Can End Their Tenancy.

Subletting a unit means that the tenant moves out of their unit for a specific period of time but the tenant plans to move back into the unit before the end of the tenancy. The person who moves in is known as a subtenant.  They are responsible to pay the rent to the original tenant who then pays it to the landlord.  A landlord cannot refuse the idea of subletting the unit, but they can refuse to allow the tenant to sublet to a specific person if they have a good reason.

How can a tenant sublet their unit?

If a tenant has to leave their unit for an extended period of time but they want to return to it, they can ask their landlord for consent to sublet the unit.   For example, if a tenant’s job is being transferred to another city for six months and then they want to return to their unit, they might ask their landlord if they can sublet the unit. They must tell the landlord when they are leaving and when they will be returning to the unit, and they must get the landlord’s consent before subletting.

A landlord cannot refuse the idea of subletting a unit, but they can refuse a specific person if they believe the person is unsuitable.  However, if the tenant thinks that the landlord is being unreasonable in withholding their consent to sublet to someone, the tenant can file an application with the Board.

The application that a tenant may file is the Application About a Sublet or an Assignment (Form A2).

What happens if a tenant assigns or sublets their unit without the landlord’s consent?

If a tenant assigns or sublets their unit without their landlord’s consent, it is an unauthorized assignment or sublet.  A landlord can file an application with the Board to evict both the tenant and the unauthorized occupant.  However, if the landlord does not file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant will become a tenant.

The application that a landlord may file is the Application About a Sublet or an Assignment (Form A2).

What is the process for evicting a tenant?

In most situations, before a landlord can apply to the Board to evict the tenant, they must first give the tenant a Notice of Termination that tells the tenant what the problem is.  For some termination notices, the landlord must wait a specific number of days to see if the tenant corrects the problem before they can file the application with the Board. The number of days the tenant has to correct the problem is set out in the notice.  If the tenant does not correct the problem and/or does not move out, the landlord can file an application with the Board and in most situations a hearing will be scheduled.

At the hearing, the parties can appear in front of a Member of the Board.  The Member will listen to what each person has to say and then make a decision.

If an eviction order is issued, it tells the tenant when they must be out of the unit. If they do not move out, then the landlord can file this order with the Court Enforcement Office. Only the Sheriff can evict a tenant who does not leave a unit as directed by an eviction order issued by the Board

Can a tenant be evicted without a hearing?

Yes, for some types of applications an ex parte order can be issued without holding a hearing.

Can a tenant be evicted in the winter?

Yes. There is nothing in the Residential Tenancies Act that prevents a tenant from being evicted during the winter months.

For what reasons can a landlord evict a tenant?

There are different reasons for evicting a tenant.

For some reasons, a landlord can only evict a tenant at the end of the tenancy agreement (at the end of a lease) – in most of these situations, the tenant has not done anything wrong, but the landlord needs the unit back.

Other reasons allow a landlord to evict a tenant in the middle of their tenancy agreement or lease– these are generally situations where the tenant or someone the tenant let into their building has done something wrong.  For example, the tenant has not paid their rent or has damaged the rental property.

Information about the reasons for evicting a tenant are explained in the Board’s brochure, A Guide to the Residential Tenancies Act.

Can a landlord evict a tenant for having a pet?

A tenant can be evicted for having a pet in their unit only if:

  • the pet is making too much noise, damaging the unit, or causing an allergic reaction, or
  • the animal or species is considered to be inherently dangerous.

Even if the tenancy agreement has a ‘no pets’ rule in it, the tenant cannot be evicted just for having a pet unless the Board decides in an order that the pet is causing a problem, or that the pet is inherently dangerous.

Can a tenant be evicted for having a roommate?

No, a tenant cannot be evicted simply for having a roommate.  However, a tenant may be evicted if the roommate is causing a problem for the landlord or for other tenants.  For example, if the roommate is making a lot of noise, damaging the unit, or there are too many roommates (overcrowding), the landlord can serve a notice of termination and apply to evict the tenant and any other occupants of the unit.

Can a tenant be evicted if the landlord wants to use the unit themselves?

Yes, a tenant can be evicted if a landlord “in good faith” requires the unit for:

  • their own use,
  • the use of an immediate family member, or
  • the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex.

Once the landlord gives the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant.  However, a tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order.

Can a tenant be evicted if the landlord sells the house and the purchaser wants to move in?

Yes, but only if the rental complex has three or fewer residential units.

A tenant can be evicted if a landlord has agreed to sell the rental property, and the purchaser requires the rental unit for:

  • their own use,
  • the use of an immediate family member, or
  • the use of a person who will provide care services to the landlord or a member of the landlord’s immediate family, if the person who will be receiving the care services lives in the same building or complex.

Once the landlord gives the tenant a notice terminating the tenancy for this reason, they can apply to the Board for an order evicting the tenant.  However, a tenant can only be evicted at the end of their tenancy and only if the Board issues an eviction order.

Can a tenant be evicted for something that their roommate or a guest they allow into the rental unit does

Yes, a number of the reasons for eviction are based on problems caused by an occupant of the unit (someone that the tenant lets live with them), or a guest that the tenant lets into their building.  So, for example, if a tenant’s guest punches a hole in the hallway wall, the landlord could give the tenant a notice of termination and, if the problem isn’t resolved, make an application to the Board to evict the tenant.

What can a tenant do if the landlord gives them a Notice of Termination?

The tenant should first read the notice to see why and when the landlord is asking them to leave. They may wish to talk to their landlord about the notice and see if the problem can be worked out. If the problem isn’t worked out, the tenant can:

  • talk to their landlord about the notice and correct the problem as outlined in the notice (if the notice was given because the landlord believes the tenant did something wrong); or
  • leave the unit as requested by the landlord; or
  • stay in the unit and see if the landlord files an application against them with the Board.  If an application is filed, the tenant can go to the hearing and tell the Member about the situation.

A tenant may also wish to phone the Board’s call centre to learn more about the eviction process and/or get some legal advice from a lawyer or legal clinic.

A tenant has the right to stay in their unit until the Board issues an eviction order based on an application filed by the landlord. A tenant cannot be legally evicted without an eviction order from the Board.

If the tenant didn’t give notice that they were leaving, but the landlord believes the tenant has left the rental unit – can the landlord change the locks and re-rent the unit?

The landlord should make a reasonable effort to contact the tenant to determine if they have in fact left the unit (for example, by writing the tenant or calling them, if the landlord has the tenant’s number).

If the landlord believes that the tenant has abandoned the rental unit, then the landlord may apply to the Board for an order ending the tenancy. Although this is not mandatory, if the landlord re-rents the unit without having the Board confirm that it is abandoned in an order, and the tenant has not really left, the tenant could take legal action against the landlord.

The application form that landlords can use is the Application to Terminate a Tenancy and Evict a Tenant (Form L2).

What can a landlord do with property that is left in the unit after the tenant has moved out or has been evicted?

This depends on a number of things such as how and when the tenant moved out, and why they moved out.  There are special rules a landlord must follow before disposing of abandoned property.  For information about the rules, you should contact the Landlord and Tenant Board.

For more information, here are the following links:

If you are a landlord and want more information, please visit: http://www.ltb.gov.on.ca/en/STEL02_111286.html

If you are a tenant and want more information, please visit: http://www.ltb.gov.on.ca/en/STEL02_111281.html

Best of luck!

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This post has 6 comments
  • Jennifer
    My landlord constantly comes over to our house. He doesn't ask to come into our unit however he is always here!!! I came home one day after work and he was sweeping the garage. He also refuses to give us the mail key because there are 4 other units in this house and he claims that it is for "confidentiality" reasons...even though all of the unit are in agreement to have me pick up the mail instead of him. He has made 5 units out of the house and has asked us to lie to his insurance company telling him that we are all related in some way. The dishwasher broke so he came and disconnected it. He has duct tape over the controls for the whirlpool tub and told us that we are not allowed to use it. He charges us $1860.00 a month and we feel like he has to have some kind of control over all of us! What can I do??

  • Melissa
    I rent a 2 bedroom basement, and the people that rent upstairs have 2 dogs and 2 cats. There is this smell of animal spices and it is very strong, my vent system does not work and the windows (2 small windows can't open) I had my landlord take a look and speak to the people upstairs about the smell, but nothing has happened! I feel sick every morning and when I come home from work the smell inside is strong! No one visit's me anymore and I don't know what to do. Please HELP I feel sick all the time!

Some things you’ve always wanted to know if you own a home in Brampton.

March 27, 2008 · 11 comments

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By-laws, rules, and regulations. It seems like anything you want to do around the house requires some research into city ordinances first. Here are some questions and answers for some common questions you may encounter during your time as a home owner. As always, you can find more information on the City of Brampton’s website.

Have a great day!

Is there anywhere in Brampton I can let my dog off leash?

Yes. The leash free zones are located in White Spruce Park on the West side of Heart Lake Road just South of Sandalwood Parkway and the second location is in Chris Gibson Park at the intersection of McLaughlin Road and Flowertown Avenue. The leash free zone is open from dawn till dusk. Dog owners using the area are required to have their dogs spayed or neutered, vaccinated and licensed. Animals that are showing signs of animal or human aggression are not permitted in the park. If your dog has a history of biting it is not allowed in the park. As of July 1, 2000 it is mandatory for pet owners in Peel Region to have their dogs and cats vaccinated against rabies. Children under ten years of age are not permitted for their own protection. Please follow all rules, remember to “stoop and scoop” and enjoy the leash free area.

Who can I speak to about trees and streetscape?

Contact the Community Design, Parks Planning and Development Division, Open Space Design and Construction within the Planning, Design, and Development Department at 905-874-2334 to speak with a Landscape Architect.

Someone is cutting trees down in my neighbourhood. Whom do I call to see if this is permitted?

The City has two by laws that govern the removal of trees. A Woodlot Preservation By Law was passed in 2005 that governs, under a permit structure, the regulation of tree removal within woodlots greater than 0.2 ha in size, and provided certain other conditions are present. More information is available at here. The Woodlot Preservation By Law does not apply to woodlots that form part of a subdivision or site plan application. Modifications to such woodlots are administrated through the standard development application process.

The City also has a Tree Preservation By Law that administrates the removal or alteration of individual trees on private property. For more information on this, please contact the Urban Forestry Section in the Community Services Department at 905-874 -2913.

Is providing air conditioning in a rental unit a requirement under the City of Brampton by-laws?

No, there are no by-laws stipulating that air conditioning must be provided in a rental unit.

What are the requirements for fences around pools?

There are several requirements for fences around pools or ponds that are capable of holding 24, or more, inches of water. For complete information, please consult the Pool Fence By-Law.

It is important to note that no water should be placed or remain in a privately owned outdoor swimming pool unless the fence surrounding the pool and gate to obtain entry into the pool area have been inspected and approved by the City.

To obtain a permit for a pool fence/gate and to arrange an inspection, you can contact the City Clerk’s Office in person or by telephone at (905) 874-2123, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

How high is a hedge allowed to grow?

In accordance with the Minimum Maintenance By-Law, a hedge must be kept trimmed and from becoming unreasonably overgrown in a manner that may affect safety, visibility or passage of the general public. Adherence to hedge dimensions becomes particularly important when a hedge flanks or is otherwise adjacent to a driveway, that is, a driver’s view must not be obstructed by the hedge when pulling into or out of the driveway.

Depending on the hedge dimensions, it may be considered a fence and, therefore, would have to meet the standards outlined in the City’s zoning by-law. A fence on the side or rear of a property can be 1.2 metres (6′ 6″) high; a fence in the front yard may be 1 metre high.

For further information about fences and fence heights (particularly if you live on a corner lot) you may contact the City of Brampton Zoning Department at (905) 874-2090, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

What are the zoning regulations concerning how wide a driveway can be?

Zoning regulations require each property to maintain a percentage of the front yard with landscaping as defined in the zoning by-law. Since these percentages vary across the City, you should contact the Zoning Department at (905) 874-2090, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm to determine the applicable regulations in your neighbourhood.

Are there any restrictions over where on my property I can put a garden?

A garden must be two feet away from the property line so the drainage on the property is not disrupted.

Also, if you are adding more than one inch of fill to your property or you are changing the grade of your property, you are required to obtain a Fill Permit by contacting the Works and Transportation Department at (905) 874-2500, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

Is there a Brampton by-law against having a clothesline?

There are no Brampton City by-laws governing clotheslines, however, there may be requirements within your local neighbourhood. Be sure to check the deed restrictions that you received when you purchased your property and/or consult a real estate lawyer for further information/clarification.

What are the requirements and limitations of erecting a shed on my property?

The requirements and limitations of erecting a shed vary depending on the size of your lot. Generally, you may have one shed which must be less than 10 square metres in size. The shed must also be set a minimum of 2 feet back from the property line.

If your lot is larger than average, please contact the Zoning Department at (905) 874-2090, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm to ascertain if the restrictions are different from those for average size lots.

My neighbour’s dog makes a mess on my grass and my neighbour refuses to clean it up. What can be done?

Although the “stoop and scoop” laws outlined in Traffic By-Law 93-93 prevent pet owners from permitting their pets to foul City property, there is no City by-law that governs the soiling of private property. As such, your neighbour is not contravening a City by-law by allowing his dog to mess on your lawn.

However, you may still submit a complaint about your neighbour’s dog by calling the Brampton Animal Shelter at (905) 458-5800. An Animal Control Officer will be dispatched to your neighbour’s to investigate and discuss the situation and, if it is found that Dog By-Law 7-92 has been contravened (that is, dogs must be leashed or otherwise under control of a person at all times, except when the dog is on the property of its owner or has prior consent of the owner of the land on which the dog is found) the Officer will issue a ticket.

My neighbour is parking his/her car on the grass in front of his/her house. Can he/she do that?

Minimum Maintenance By-Law 104-96 prescribes the standards for properties situated in the City of Brampton.

Amongst other things, this by-law states that “No vehicle shall be parked in the front yard, rear yard, interior side yard or exterior side yard except on a paved or appropriately finished surface”. As such, a car parked on the front lawn of a house is in contravention of the by-law.

Queries and concerns can be submitted at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458‑3424.

Do I need a permit or permission from the City to cut down a tree on my property?

You do need a permit or permission to cut down a tree on private property. Cutting down, damaging or otherwise destroying trees on private property is subject to the guidelines described in the Tree Preservation By-Law 38-2006. In accordance with this by-law, you must have a permit to destroy or damage trees on private property that are not exempted by their size, type or position (on the property).

Cutting down, damaging or otherwise destroying trees on a woodlot is governed by By-Law 70-2001 relating to woodlot/trees. In accordance with this by-law, you must have a permit to destroy or damage a tree on a woodlot.

Damaging or cutting down a tree that is on City-owned property is prohibited by City of Brampton

Traffic By-Law 93-93 and Parklands By-Law 161-83. If you have questions or concerns about trees that you think may be on City property, please call the Urban Forestry Section of the Parks and Recreation Department at (905) 874-2906, Monday through Friday, excluding holidays, between the hours of 8:30 am and 4:30 pm.

I am living in a semi-detached house and my neighbours’ cars are encroaching on my driveway. I’ve spoken to them about it and they just don’t care. What can I do?

Unfortunately, there are no relevant City by-laws pertaining to matters of this nature. This is a civil matter between two landowners that should be addressed at that level.

Is it legal for a vehicle without license plates to be parked in a driveway?

Minimum Maintenance By-Law 104-96 prescribes the standards for properties situated in the City of Brampton.

Amongst other things, this by-law states that “No vehicle which is in a wrecked, discarded, dismantled or inoperative condition or is unlicensed shall be parked, stored, or left in the yard…”. As such, an unlicensed, unstickered or inoperative car parked in a driveway would be in contravention of the by-law.

Queries and concerns can be submitted at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458-3424.

What can be done about loud music or barking dogs?

Minimum Maintenance By-Law 104-96 prescribes the standards for properties situated in the City of Brampton.

Amongst other things, this by-law states that “a person shall not, within the City of Brampton, make, create, cause, or cause or permit to be made, noises likely to disturb the inhabitants…unusual noises…”.

Queries and concerns can be submitted at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458‑3424.

It is important, following submission of a noise complaint, that you and/or your neighbours submit future and other incidences of noise from the offending party noting type of noise, date, time and duration. This information could become valuable in future court proceedings.

What is the weed by-law in Brampton and how does the City deal with a weed complaint?

By-Law 121-90, states that “Every owner in the City shall cut the grass and weeds on their premises and remove the cuttings whenever the growth of grass or weeds exceeds twenty centimetres (20 cm) in height.”

During the summer months, the Enforcement and By-Law Services Division has a team of staff dedicated to monitoring and investigating grass and weed issues in Brampton. A citizen or an Inspector may submit a weed or unkempt grass/lawn-related complaint. This complaint could ultimately result in the offending property owner being charged for lawn maintenance services in addition to an administration fee. If these costs are not paid, they could be added to the owner’s property taxes.

Can my friends and I set up a tent and camp in the park behind our house during the summer?

Camping in a City park is a contravention of Parklands By-Law 161-83. Only permit holders for special events are authorized to be in a City park after 11:00 p.m.

My children always run after the ice cream truck when it drives down the street ringing the bell or playing music. Is the ice cream truck permitted to do this?

As well as presenting an unsafe situation for children, selling ice cream or any other products from the road is a contravention of Traffic By-Law 93-93. Enforcement Officers patrol and lay charges against owners of these vendors for this contravention of the by-law.

If you would like to submit a concern or complaint, you may do so at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at (905) 458‑3424.

My neighbour does not clean up after his dog and leaves a mess on the boulevard in front of my house. Can he be charged and does a sign need to be posted for a conviction to be registered?

Although signs may help in educating the public about “stoop and scoop” laws, posting a sign is not necessary for a charge to be laid against a person who contravenes Traffic By-Law 93‑93 by allowing his pet to foul City property. Further, the City’s Parklands By-Law 161‑83 stipulates that all animal owners clean the parkland (the definition of which includes City parks) of excrement from their animal.

If you would like to submit a concern or complaint, you may do so at the Enforcement and By-Law Services Division, in person, by telephone, by mail or by email, Monday through Friday, excluding holidays, 8:30 am to 4:30 pm. Enforcement Officers perform enforcement-related duties 7 days a week, 52 weeks of the year.

For services available 24×7 and other vital services relating to matters of an urgent nature, you may call after hours at 905‑458‑3424.

Who has authority to issue tickets?

Brampton Parking Enforcement Officers have been enforcing the City of Brampton parking by‑laws since the mid‑1970′s and have full authority to issue tickets for parking violations.

In this capacity, Parking Enforcement Officers possess the same degree of authority as a Police Officer.

In addition, some private agencies are also authorized to issue parking tickets on private property in Brampton.

When can I set off fireworks?

In the City of Brampton, we respect the holidays of the many cultures in our community and provide opportunities for the safe use of consumer fireworks on Canada Day (July 1), Diwali (Oct. 21 in 2006), New Year’s Eve (Dec. 31) and Victoria Day.

Thanks to the City Of Brampton for providing this information on their website. Again, if you have any further questions or concerns, I urge you to check out their website first before calling the city. They have a ton of useful information posted online.

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This post has 11 comments
  • Emily
    And it's illegal to set off fireworks in Brampton parks and parkettes.

  • Emily
    About those fireworks. I read into this before and there are rules regarding the size of private property to set off fireworks. You need about a rural size lot to legally set off fireworks during designated holidays. I've had fireworks set off far too close to my home and continuing until 2 and 3 in the morning with a 5am start. Police are too busy to enforce the bylaw. It's a serious firehazard.

Attend a free seminar about basement apartments in Brampton!

March 19, 2008 · 0 comments

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It seems like basement apartments continue to be a hot real estate topic of discussion these days. So much that Peel Police and the Landlord and Tenant Board are holding a free seminar for residents interested in learning more about rights and responsibilities surrounding basement apartments. This sounds like a great forum to attend if you’re either a landlord or tenant, and you want to get answers straight from the horse’s mouth.

The free seminar is being held on Thursday, March 27 at the Queen St. Community Police Station, 148 Queen St. East in Brampton, from 6:30 pm – 7:45 pm. Basement apartments will be just one topic, as the seminar will focus on rights and obligations under the Tenant Protection Act. You’ll be able to ask questions at the end of the presentation. Seats are limited, so if you want to reserve yours, call 905-453-2121.

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More news on illegal basements in Brampton

March 16, 2008 · 2 comments

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Judging by the popularity of my first article on illegal basement apartments in Brampton, the topic still strikes a lot of interest with readers. And now the debate rages on as Brampton city councillors announce that they’re preparing to look into the subject again in the very near future.

Here are some interesting things to note from statistics compiled from 2007:

  • Deterring illegal basement apartments has proven to be difficult as provincial fines are set at only $100 – $500.
  • Of the 600 complaints filed by other residents last year, most were wrong in their reports. Most cases turned out to involve extended families living within the household.
  • Home owners are legally allowed to refuse city bylaw officers from entering their home, as city workers actually have no right of entry. Of the 600 complaints last year, 75 refused entry to city officials. Firefighters DO have right to entry if they believe there is a safety hazard.
  • Brampton currently employs 10 bylaw enforcement officers to investigate complaints.
  • The number of complaints has dropped this year. There have been 78 this year to date.

Some of the big issues that are created by an excess of illegal basement apartments are property standards, parking, traffic congestion, and overburdening infrastructure such as schools.

If you’re looking for more information about the legalities of illegal basement apartments in Brampton, please check my earlier article linked above. In the meantime, you can check this article that goes more into depth about Brampton’s current stance on illegal basement apartments.

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This post has 2 comments
  • Tammy
    An officer from the city of Brampton and the Fire Inspector came into my basement apartment that I am renting. The city deemed it illegal and the fire marshall said we cant use the dryer. The lady upstairs (who is the landlords sister) continued using the dryer and I have now recieved an eviction notice to move out in 7 days. I was suppose to move the end of May but due to illness I couldnt find a place till July 1st. I have a 15 year old son that is starting xams and we have no where to go till July 1st. Where,What,How can I do anything to stay yill the end of June? This is very stressful for me as I am also on Ontario Works waiting for ODSP.

  • ann
    hi i have a problem with the bilaw service they came into my home ( i did not know that i can refuse entry) the officer took a few pictures of the basement later on i recieved a summons that i am now being charged. at the time i was living in the property and my brother stayed in the basement i did tell the officer this but he contiued with the pictures. according to the charge i am now being charged with renting out the apartment which was not the case. what can i do now?

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