A New Way to Deal with Problem Tenants

January 2022

The Condominium Authority Tribunal (CAT) has expanded its jurisdiction effective January 1, 2022.  As of this date, it will hear concerns of those in condominiums relating to what they describe as nuisances.  This provides condo-landlords with a way to deal with problem tenants without going to the Landlord and Tenant Board (LTB).

The Landlord and Tenant Board has become infamous for its long waits which allows even the simplest of issues to drag out at considerable expense.  Backlogs allow problem tenants to remain in place for long periods of time creating problems for both landlords and building residents.

As of January 1, 2022 the Condo Act expressly prohibits activities or conditions in units or common elements which are likely to damage the property, or cause injury or illness to an individual.  It is unclear what these activities are but they may include smoking, or failure to maintain appliances or systems in a unit.

Condominium owners and tenants can bring applications to the Tribunal against unit owners and tenants to enforce compliance with the condominium corporation’s governing documents.  The Tribunal is not expected to serve as an alternate method for evicting tenants.  A Tribunal ruling against a tenant or landlord is likely to facilitate or speed up resolution of a dispute, and could impose additional costs on the party in violation of condominium governing documents.

CAT charges a $25 filing fee for each dispute, $50 fee for a mediator approved by the tribunal, and $125 if a dispute proceeds to formal adjudication and binding order.  Parties pay their costs for preparing submissions and representation at the tribunal.

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