If You Have No Written Agreement

In Ontario, a verbal tenancy agreement is as binding as a written one. The problem with verbal agreements is, when there is a conflict, the two parties may disagree on what was agreed upon! If you have no written agreement, type up your understanding of the terms:

start/finish dates of tenancy,

amount of rent,

services (heat/utilities/parking extra or included), and

the names of all tenants

Address this to your landlord stating in the letter, "Please advise if this information is incorrect", sign, date and keep a copy for yourself. If you receive no correction from the landlord then you have a document that clearly states the agreed upon terms. Be sure to send your letter be registered mail.

The Residential Tenancy Act

Most tenants are covered under the . However, if you share the kitchen or the bathroom with the landlord or a member of the landlord's family, you are NOT covered by the Act. Where appropriate, the Act may be used as a guide by the Court.

Refer to the for clarification.

Communicating with Your Landlord

From the outset, establish a businesslike--but friendly--relationship with your landlord. Communicate clearly and politely. You are entering into a contractual arrangement and one that will cost you a fair bit of money...and, if it doesn't go well, agony. Don't allow yourself to play into a power dynamic; yes, the landlord may be more experienced and own the building, but you are the tenant and have rights; similarly, don't take advantage of any situation.

The Landlord and the Landlord's Rights

There are good landlords and not-so-good landlords. Often, tenants only see the rent cheques going out...the landlord has mortgage payments, taxes and upkeep to pay. They may have other properties or work to look after so cannot attend to your non-emergency immediately.

For the most part, expect respect and an honest attitude--and deliver the same. Treat the landlord the way you would like to be treated. And, if you're disappointed, say so! For the landlord to hear "Mr. J., this stove hasn't worked properly since we called you about it two weeks ago; we're getting frustrated that it's not fixed. I would like it fixed or replaced by tomorrow afternoon." is a lot better--and more productive--than yelling.

The landlord is renting his or her property to you for your residential use. They deserve to have the place properly looked after, not unduly damaged, and to have any problems reported to them so that they have opportunity to repair them.

Keeping a Log

Also, it's a good practice for the household to keep a book in which to log conversations with the landlord. For instance, "Tom called landlord at 10 am Sept 23 to request landlord check front east corner of living room where water entered during last night's storm; landlord to stop by Sept 24 around 5 pm." In this way you know exactly

what was reported

when

by whom

the promised course of action

It reminds you what you have--and haven't--brought to the landlord's attention. If (and it happens) the landlord fails in attending to repairs, you have documented the events and this helps make your case, should it be necessary to call the Building Department or file for a rent abatement or, if the roof caves in, protect yourself from being sued.

Find out when the best times to reach your landlord.

Get the landlord's full mailing address and phone number.

Try first to have your concerns taken care of over the phone.

If this doesn't bring results after a suitable period (emergencies should be dealt with quickly), contact the landlord in writing--politely--reminding her/him and be specific about the problem and the desired solution.

NOTE: Don't complain that workers come at 8 in the morning! Be happy they came!

An Eviction Notice

The landlord can apply to have you evicted for a number of legitimate reasons, including:

failure to pay rent

undue damage

disturbing others

overcrowding

impairing safety

illegal acts

Even if you do not think the landlord's assertions are legitimate, if you are served with a Notice of Early Termination, seek legal advice immediately!