Landlord and Tenant Notes Chapter 8.pdf

Landlord and Tenant Notes Chapter 8.pdf - Chapter 8 Tenant...

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Chapter 8: Tenant Applications Types of Tenant Applications •There are seven types of tenant applications: •Request for maintenance or an abatement of rent (Form T6) •Complaint regarding tenant rights (Form T2) •Request for a rent rebate (Form T1) •Al legation that the landlord gave notice of termination in bad faith (Form T5) •Request for a rent reduction as a result of the discontinuance of a service or facility or a reduction in municipal taxes (Form T3) •Complaints regarding a landlord who has failed to comply with an agreement to increase rent above guideline (Form T4) •allegations that a landlord failed to follow the proper rules when requiring the tenant to become responsible to pay for electricity or other utilities (Form T7) Breach of Maintenance Obligations •The tenant can file an application (T6) with the board if he or she believes that the landlord failed to properly maintain the rental unit or residential complex •There are seven remedies that the board may order •These are set out in s. 30(1) of the RTA Landlord Defences •Landlord defences to a tenant repair claim include showing that: •the disrepair has been caused by the tenant and not by normal wear and tear •they responded as quickly as they could, and if applicable that they wer e delayed in doing the repair •The landlord may take the position that the defect claimed does not render the premises: •in a bad state of repair •unfit for habitation •in violation of a standard Practical Concerns •Tenants who undertake their own repairs run the risk of not being reimbursed for them •The tenant should give the landlord written notice of a deadline by which to make the repair •Tenants should undertake a repair only when: •the repair is too serious to wait for an application to the board •t he repair must be made in order to minimize other damages •Have the repair done by a professional in order to have an invoice for the work.
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