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Tenant Protection Act index page for this old law


This law was repealed on January 31, 2007 and is no longer in use

Ontario Tenant Protection Act
PART IV

CARE HOMES




Rights and Duties of Landlords and Tenants


Agreement required

91. (1) There shall be a written tenancy agreement relating to the tenancy of every tenant in a care home.


Contents of agreement

(2) The agreement shall set out what has been agreed to with respect to care services and meals and the charges for them. 1997, c. 24, s. 91.


Information to tenant

92. (1) Before entering into a tenancy agreement with a new tenant in a care home, the landlord shall give to the new tenant an information package containing the prescribed information.

Effect of non-compliance

(2) The landlord shall not give a notice of rent increase or a notice of increase of a charge for providing a care service or meals until after giving the required information package to the tenant. 1997, c. 24, s. 92.


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Tenancy agreement: consultation, cancellation


Tenancy agreement: right to consult

93. (1) Every tenancy agreement relating to the tenancy of a tenant in a care home shall contain a statement that the tenant has the right to consult a third party with respect to the agreement and to cancel the agreement within five days after the agreement has been entered into.


Cancellation

(2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it. 1997, c. 24, s. 93.


Entry check condition of tenant

94. (1) Despite section 19, a landlord may enter a rental unit in a care home at regular intervals to check the condition of a tenant in accordance with the tenancy agreement if the agreement requires the landlord to do so.


Right to revoke provision

(2) A tenant whose tenancy agreement contains a provision requiring the landlord to regularly check the condition of the tenant may unilaterally revoke that provision by written notice to the landlord. 1997, c. 24, s. 94.


Assignment, subletting in care homes

95. A landlord may withhold consent to an assignment or subletting of a rental unit in a care home if the effect of the assignment or subletting would be to admit a person to the care home contrary to the admission requirements or guidelines set by the landlord. 1997, c. 24, s. 95.


Notice of termination

96. (1) A landlord may, by notice, terminate the tenancy of a tenant in a care home if,

    (a) the rental unit was occupied solely for the purpose of receiving rehabilitative or therapeutic services agreed upon by the tenant and the landlord;

    (b) no other tenant of the care home occupying a rental unit solely for the purpose of receiving rehabilitative or therapeutic services is permitted to live there for longer than two years; and

    (c) the period of tenancy agreed to has expired.


Period of notice

(2) The date for termination specified in the notice shall be at least the number of days after the date the notice is given that is set out in section 47 and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 1997, c. 24, s. 96.


Termination, care homes

97. Despite section 47, a tenant of a care home may terminate a tenancy at any time by giving at least 30 days notice of termination to the landlord. 1997, c. 24, s. 97.


Notice of termination, demolition, conversion or repairs

98. (1) A landlord who gives a tenant of a care home a notice of termination under section 53 shall make reasonable efforts to find appropriate alternate accommodation for the tenant.


Same

(2) Sections 55 and 57 do not apply with respect to a tenant of a care home who receives a notice of termination under section 53 and chooses to take alternate accommodation found by the landlord for the tenant under subsection (1). 1997, c. 24, s. 98.


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Transferring Tenancy


Application

99. (1) A landlord may apply to the Tribunal for an order transferring a tenant out of a care home and evicting the tenant if,

    (a) the tenant no longer requires the level of care provided by the landlord; or

    (b) the tenant requires a level of care that the landlord is not able to provide.


Order

(2) The Tribunal may issue an order under clause (1) (b) only if it is satisfied that,

    (a) appropriate alternate accommodation is available for the tenant; and

    (b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant's care needs.


Same

(3) The Tribunal may not issue a default order in an application under this section.


Mandatory mediation

(4) If a dispute arises, the dispute shall be sent to mediation before the Tribunal makes an order.


Same

(5) If the landlord fails to participate in the mediation, the Tribunal may dismiss the landlord's application. 1997, c. 24, s. 99.


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Rules Related to Rent


Rent in care home

100. If there is more than one tenancy agreement for a rental unit in a care home, the provisions of Part VI apply with respect to each tenancy agreement as if it were an agreement for a separate rental unit. 1997, c. 24, s. 100.


Notice of increased charges

101. (1) A landlord shall not increase a charge for providing a care service or meals to a tenant of a rental unit in a care home without first giving the tenant at least 90 days notice of the landlord's intention to do so.


Contents of notice

(2) The notice shall be in writing in the form approved by the Tribunal and shall set out the landlord's intention to increase the charge and the new charges for care services and meals.


Effect of non-compliance

(3) An increase in a charge for a care service or meals is void if the landlord has not given the notice required by this section, and before the landlord can take the increase the landlord must give a new notice. 1997, c. 24, s. 101.


Certain charges permitted

102. (1) Nothing in subsection 140 (1) limits the right of a landlord to charge a tenant of a rental unit in a care home for providing care services or meals to the tenant so long as the landlord has complied with the requirements of sections 92 and 101.


Same

(2) Nothing in subsection 140 (3) limits the right of a tenant or a person acting on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing care services or meals to the subtenant. 1997, c. 24, s. 102.

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