Tenants facing new payment hurdle to challenge arrears claims

Tenants accused of being behind on rent will soon have to fork over half of what their landlord claims they owe if they want to raise other issues about their unit at a tribunal hearing — a change that lawyers and advocates say will make life significantly harder for renters.

The requirement comes from Ontario's Bill 60, which received royal assent in November. The province has not yet said when the new payment rules will take effect, but other changes to arrears handling at the Landlord and Tenant Board are set for this summer and fall.

Dania Majid, a lawyer with the Advocacy Centre for Tenants Ontario, says the new rule undermines a critical protection. "Nowhere else in our judicial system do we require someone to put down cash on the table before they raise legal arguments, especially before they're even proven to owe this amount," she said.

Prior to the amendments, tenants already had to give seven days' advance notice to the board if they intended to raise health and safety issues about their unit — and those issues matter because they can sometimes show a landlord is in violation of the Residential Tenancies Act and owes their tenant compensation.

The legislation does not specify whether tenants can recover the money if they're later found not to be in arrears. The Ministry of Municipal Affairs and Housing did not answer that question when asked.

Another change takes effect in September: the period tenants have to pay rent before a landlord can file for eviction shrinks from 14 days to seven days.

Toronto council has voted to formally oppose Bill 60, citing concerns it could increase homelessness in the city. Chiara Padovani, an organizer with the Toronto Tenant Union, framed the issue plainly: "A rental agreement is a two-way contract, where landlords are responsible for maintaining a unit and providing a decent place for people to live and tenants pay them in return."