July 2019
Condo owners are responsible for the behaviour of tenants and guests.
The Residential Tenancies Act, 2006 (RTA) makes tenants liable for their conduct and that of their guests. This legislation governs the rights and obligations of residential landlords and tenants. It provides tenants with protections from unlawful eviction, stipulates that tenancy agreements be renewed on a month-to-month basis and ensures tenancy terminations are in accordance with the Act.
Landlords are allowed to recover possession of their suite if it has been vacated by the tenant. Alternatively, the landlord is required to serve a notice of termination according to grounds per the RTA, after applying to the Landlord and Tenant Board and obtaining an order allowing them to evict the tenant.
Landlords can evict a tenant based on specific grounds:
- Failure to pay rent
- Causing of damage to condo property
- Engaging in illegal activity
- Interfering with certain rights or interests which can include breaches of the Condo Documents
When applying to evict a tenant, the landlord can ask the Landlord and Tenant Board to be awarded outstanding rent. They can seek compensation for costs to repair property damage. Compensation for costs of the condo corporation in enforcing their Condo Documents against the owner is not within the jurisdiction of the RTA.
Condo corporations view tenant-landlord relations according to the Condo Act. Both owner and tenant are required to comply with the Condo Act and Condo Documents. The corporation has both a right and duty to enforce compliance, and unit owners have an obligation to take steps to ensure compliance which can include eviction proceedings.
The Condo Act allows the corporation to initiate a court action against the unit owner and tenant to enforce compliance, recover damages and legal costs. If an order for damages or costs is obtained in favour of the corporation, these can be added to the common expenses for the unit.
Condo owners have an obligation to ensure tenants comply with the Condo Act and Condo Documents. When tenant behaviour is inconsistent with terms of their lease, which includes complying with the Condo Act and Condo Documents, unit owners are required to comply with the Residential Tenancies Act for enforcement.
