TO LTB OR NOT TO BE?
Are you embroiled in a dispute with your Tenant or Landlord? Not sure on how to resolve the dispute or what steps are needed to advance the matter legally? This is a common dilemma faced by those named as landlords and tenants under a residential tenancy agreement and the answer is quite often, unclear and in some cases, a no-win situation.
Most residential tenancies are governed by the Residential Tenancies Act (RTA), a piece of provincial legislation that empowers an adjudicative tribunal system known as the Landlord Tenant Board (LTB) within Ontario. Some examples of tenancies that would not fall under the RTA would be certain roommate situations, renting a property with a shared bathroom or kitchen with the Landlord, emergency shelters or nursing homes, and student housing provided on-campus by a college or university, to name a few. Further clarification on coverage may be obtained by consulting with a legal representative or alternatively, local community resources.
As it is, the RTA grants the LTB jurisdiction to hear and decide on disputes submitted by way of application to the board. However, having the LTB intervene on every dispute may not always be the direction to consider. Along with the time that one would need to invest into an LTB hearing, there are costs associated with advancing an application and potential legal fees that are oftentimes prohibitive when trying to resolve a dispute before the board. Additionally, ensuring that the applications are prepared and filed in accordance with the Rules of the LTB and adhering to the time guidelines can be quite taxing when the dispute is urgent. Many applications are routinely dismissed by the LTB due to administrative oversights made by the filing party, resulting in the requirement to refile the application and causing significant delays to have the matter heard.
Some Landlord-Tenant dispute arise from a lack of communication or a misunderstanding between the two parties that could be remedied by having a simple conversation, with emotions kept in check. Heated discussions, with no room for latitude will almost always result in a failure to resolve. Parties must understand that prior to a hearing they still exercise the ability to come to a consented decision on their matter, failing which, the power to render a decision will then fall upon the board member, based on the merits of the case. Moreover, while the board member will always strive to maintain impartiality on any matter heard, the resulting decision may not always be deemed positive by any one party and could have been significantly more favorable, had the parties come up with their own resolution.
The LTB also offers Online Dispute Resolution (ODR) services for parties that have filed an application or have a scheduled hearing pending with the board. This tool allows for consenting parties to engage in a private and confidential discussion with a board certified Dispute Resolution Officer (DRO). The DRO is a neutral party that will assist each party by providing context and various perspectives to the dispute, thus allowing for the possibility of reaching a settlement or partial agreement to the matter at hand. If an agreement is reached by the parties, they may request that the DRO issue a Consented Order or Mediated Agreement that would be enforced by the LTB, thus allowing for an application to be resolved without the need for a hearing.
Clearly, some disputes cannot be resolved without the benefit of the LTB proceedings and in those instances, the matters will need to go the distance. Notwithstanding, if room for a candid and reasonable discussion exists, then the value of talking it out between two conflicted parties could and should always be considered.
Navigating a landlord-tenant dispute can be a complex and stressful process, but you don’t have to do it alone. Whether you’re unsure about your rights, need help filing an application, or want guidance on resolving the matter before it escalates, our experienced legal team is here to help. At Realty Care Law, we specialize in landlord-tenant disputes and can provide personalized advice and representation to protect your interests. Contact us today to explore your options and take the first step toward resolving your dispute with confidence.
Author:
Alexander Chang
Immigration Consultant | Licensed Paralegal
e: achang@realtycarelaw.com