Covid-19's Effects On Landlord and Tenant Rights

By: Patrick Langille

Reconciling the rights of Tenants and Landlords is a delicate process, one which often leaves both sides feeling uneasy or even cheated. Covid-19 has exacerbated these concerns. Landlords fear losing out on their investments, while tenants placed in a precarious economic condition fear eviction. Coupled with the rising cost of property, Landlord-Tenant and property costs are one of the greatest issues facing Canadians today. These issues have prompted legislative changes.

On September 1st, 2021 several amendments to the Residential Tenancies Act came into effect in Ontario. These included changes relating to compensation of Landlord's out-of-pocket expenses, as well as new applications for collection from former tenants. As always, these changes have brought considerable debate between advocates for Tenants and Landlords. Some purport these changes bring undue strain on renters in this difficult period, whereas others claim that these changes were a necessary means to balance the rights of landlords.

Additionally, the Government of Ontario passed a rent freeze in 2020. This means landlords are not permitted to increase their rent above the levels set during 2020. This rent freeze will end on December 31st, 2021, allowing landlords to give a 90 days notice to any increase that will occur in 2022.

The Landlord and Tenant Board has issued suggestions and policies in response to the pandemic. For example, while landlords still are allowed to enter a unit by providing 24 hours notice to the tenant before entering the unit, it is suggested to keep such entrances to a minimum, and follow proper social distancing guidelines. Additionally, the Real Estate Council of Ontario has suggested to avoid in-person showings to prospective tenants as much as possible.

Balancing the rights of tenants and landlords is a necessary, but difficult process. Often one side will feel they are on the losing side of the agreement. Covid-19 has added a considerable layer of difficulty to this already tenuous high-wire act.