Landlord & Tenant Law | Oct 30, 2024 | By: Harbir Singh
In the Province of Ontario, landlords and tenants go through ups and downs throughout the duration of the rental or lease agreement. The Residential Tenancies Act (RTA) governs the relationship between landlords and their tenants. There are rules and regulations that must be followed by landlords when addressing a tenant for any issues that are taking place.
There are also specific notices that a landlord should serve on a tenant, especially if they are unable to come to a mutual agreement or fix the situation. These notices can be found on the landlord tenant board website. If you are unsure what notice you need, you should contact a landlord tenant paralegal for assistance. It is extremely important to ensure that the notice is filled out correctly, without and deficiencies.
What happens if the notice is filled out incorrectly?
When you serve a notice on a tenant, there is specific information that is required to be on the notice, and the information needs to be correct. If the information is not correct on a notice done by a landlord, the Landlord Tenant Board (LTB), can dismiss the case due to the invalid notice.
If your case is dismissed, you would need to go through the entire process again. You would need to serve your tenant with a notice and reapply to the LTB with the new notice and certificate of service. This can result in months, sometimes even years, of lost time in resolving the issue.
Common mistakes made by a landlord when filling out a notice
When filling out a notice to serve on a tenant, a landlord is required to put specific information pertaining to the tenant and the rental unit. Some common mistakes that landlords make when filling out a notice are:
· Incorrect termination date
There are rules surrounding when the termination date needs to be, at a minimum. Failure to follow the rules, can result in an invalid notice.
· Incorrect Names
Failure to put the correct name of tenants, on a notice, can result in an invalid notice.
· Incomplete Address of Rental Unit
The address of the rental unit needs to be complete and correct. Failure to do so can result in an invalid notice.
Can a notice be corrected before a hearing?
We have had landlords search for a “landlord paralegal near me” and contact us asking if they can correct a notice, because they found something on there that can result it in being considered invalid.
Unfortunately, making changes to a notice after it was already served on a tenant, is not something that is allowed.
Conclusion
As a landlord it is important to ensure you are serving your tenant with a notice, especially when trying to evict a tenant. What is even more important is to ensure that the notice is filled out correctly.
If you are unsure of whether your notice is correct, consider contacting a legal professional. At HSB Legal Services, we can help you make sure your notice is filled out correctly, saving you unnecessary delays along the way.
Contact HSB Legal Services
Navigating the Landlord Tenant Board (LTB) can be a complex task. Ensure you are putting the best case forward, to receive the outcome you desire. By contacting HSB Legal Services, you can have the peace of mind knowing your case is in the hands of a legal professional.
We serve all areas of Ontario, so whether you are looking for a paralegal in Toronto, paralegal in Vaughan, paralegal in Brampton, paralegal in Mississauga, paralegal in Scarborough, paralegal in North York, paralegal in Etobicoke, paralegal in Malton, paralegal in Rexdale, paralegal in Milton, paralegal in Oakville, paralegal in Niagara Falls, paralegal in Burlington, paralegal in Barrie, paralegal in Richmond Hill, paralegal in Downtown Toronto, paralegal in Oshawa, paralegal in Ajax, paralegal in Whitby, paralegal in Markham, or a paralegal anywhere in Ontario, we are here to serve you.