Practice Areas

Leasing Disputes

Leasing disputes in Ontario involve legal disputes between landlords and tenants over the terms and conditions of a lease. Leasing disputes can be complex and require legal expertise to resolve. In Ontario, leasing disputes are governed by the Residential Tenancies Act (RTA) and the Commercial Tenancies Act (CTA), depending on the type of lease involved.

There are several types of leasing disputes that can arise in Ontario, including:

Rent disputes

Rent disputes can arise over a range of issues, including the amount of rent owed, rent increases, and the timing of rent payments.

Example: A landlord may seek to increase the rent charged to a tenant, which may be opposed by the tenant.

Eviction

Eviction disputes can arise when a landlord seeks to evict a tenant, either for non-payment of rent or for other reasons, such as violating the terms of the lease.

Example: A landlord may seek to evict a tenant who has not paid their rent or who has violated the terms of the lease.

Repairs and maintenance

Disputes can arise over the responsibility for repairs and maintenance of the leased property, and the timing of repairs.

Example: A tenant may complain that the landlord has failed to repair a leaky roof, and may seek to have the repairs carried out at the landlord’s expense.

Security deposits

Disputes can arise over the return of a security deposit at the end of a lease, including the amount of the deposit and the conditions under which it will be returned.

Example: A landlord may refuse to return a tenant’s security deposit, claiming that the tenant caused damage to the property during the lease.

In Ontario, resolving leasing disputes typically involves an examination of the relevant laws and regulations, as well as an analysis of the specific circumstances of the case. Legal arguments may involve issues related to contract law, property law, and civil procedure. Leasing disputes can be resolved through negotiation, mediation, or litigation, depending on the nature and complexity of the dispute.

If a tenant is successful in a leasing dispute, the court may order the landlord to perform specific obligations, such as making repairs, returning a security deposit, or paying damages to the tenant. If a landlord is successful, the court may order the tenant to vacate the property or to pay outstanding rent or damages. In some cases, the court may also order a party to pay the legal costs of the other party.