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Residential Tenancies Act



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Two weeks ago I decided to sign up and attend a workshop hosted by the Hamilton Community Legal Clinic. We were handed a 10 page information leaflet on tenant’s rights and what to expect if one has to attend a hearing at the Landlord & Tenant Tribunal on King Street. The lawyer Sharon Crowe gave an informative presentation then later listened and answered our general questions.  A few participants at the workshop were frustrated about their living situation with Hamilton City Housing, ie: non repairs, appliances not working and the big issue bedbug/cockroach pest infestation.  They asked the lawyer what can be done to correct the problems. From what I gather there is a lot of paperwork involved the tenant has to file applications and complaints to certain city departments then they send out city inspectors to assess the situation. If that doesn’t work the lawyer suggested tenants go to the Legal clinic and request a private consultation/meeting with a paralegal.
I had three questions to ask the lawyer at the workshop.
1. If the landlord doesn’t like the tenant can they evict the person!  The answer is no but be warned the landlord may look for minor infractions and use it as a reason for eviction so be on your guard.
2. “24 hour notice to enter unit” As a courtesy the landlord should specify a time of entry on the notice so not to inconvenience the tenant.
3. Where can I obtain T forms!  She replied they can be downloaded from the Landlord and Tenant Tribunal webpage. Just follow the instructions when filling out the form then submit them to the LTB office.

The hearing process is informal, there is no ‘your honor’ when addressing the adjudicator and a high cost lawyer is not necessary. Tenant Duty Counsel is provided for advice before the hearing.  A tenant should have all letters, pictures, receipts and witnesses to back up the tenant’s character and the tenant will be allowed to speak to the adjudicator in their defence.  Most important show up on time at the hearing, if not an eviction order will be ruled against the tenant and carried out by the Sheriff.  It’s recommended to study the Residential Tenancies Act just in case the landlord tries to pull a fast one. Slumlords, rip off artists and shady housing property managers have been brought to the tribunal by tenants with surprising results. 
Like me I hope this helps tenants in the Hamilton area that constantly has problems with their landlord. 

Tk

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