Landlord Eviction Stay Lift

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Summary

In Ontario, when a tenant files for bankruptcy, an automatic stay of proceedings, including eviction, is created. Landlords can file a motion to lift this stay by providing evidence of necessity and attending a court hearing. Valid reasons include property damage, illegal activity, non-payment of rent, personal use, or interference with legal rights. Tenants can file a T2 application for issues like illegal rent increases, harassment, or withholding services. Illegal rent increases include exceeding the allowed percentage, increasing rent before 12 months, or without 90 days notice. Reasonable enjoyment means using the rental unit without serious interference. Financial compensation for harassment varies but can range from a few hundred to several thousand dollars. Retaliatory rent increases are illegal, and increasing rent for late payments could be seen as retaliation, though late fees are permissible if specified in the lease.

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yes
In Ontario, to lift an eviction stay due to bankruptcy, you must:
*. File a motion with the court
*. Provide evidence of the necessity of eviction
*. Attend a hearing
For more details, you can visit the Ontario Court of Justice's website.
what circumstances hypothetically could the eviction stay be lifted in
The eviction stay could be lifted under these circumstances:
*. Damage to property beyond normal wear and tear.
*. Illegal activity conducted at the property.
*. Failure to pay rent despite bankruptcy proceedings.
*. A landlord's need for personal use of the property.
*. Interference with the landlord's legal rights.
what circumstances make a t2 valid for a tenant
In Ontario, a tenant can file a T2 application with the Landlord and Tenant Board for issues such as:
*. Illegal rent increase.
*. Interference with reasonable enjoyment.
*. Withholding vital services.
*. Harassment.
*. Entering the rental unit illegally.
*. Changing the locking system without giving the tenant replacement keys.
what is considered an illegal rent increase
In Ontario, an illegal rent increase could be:
*. Raising rent more than the allowed percentage per year (*.*% for *).
*. Increasing rent before a full 12 months has passed since the last increase or since the tenant first moved in.
*. Not giving the tenant 90 days' written notice of the rent increase.
what is considered reasonable enjoyment, and is there a time limit for evidence?
In Ontario, reasonable enjoyment includes a tenant's right to use their rental unit without serious interference from the landlord. This can include noise, harassment, or privacy violations. For a T2 application, evidence should be as recent as possible, but there's no strict time limit.
how much money realistically can you get for a t2 form for harassment
In Ontario, the Landlord and Tenant Board may award a tenant financial compensation for harassment through a T2 application. The amount varies based on the severity of the situation, but typically ranges from a few hundred to several thousand dollars.
is a rent increase in retaliation considered illegal
In Ontario, a rent increase in retaliation for a tenant's actions (like filing a complaint or asserting their rights) is indeed considered illegal. It's important to document such incidents for potential legal recourse.
is a rent increase for a tenant being late on rent considered retaliation
In Ontario, increasing rent as a form of punishment for a tenant being late on payments could be viewed as retaliation. However, it's crucial to note that landlords can legally charge a late fee if it's specified in the lease agreement.