If there is one piece of advice for students to take when dealing with a landlord, it’s get it in writing.
Although there are many reasons tenant-landlord disputes occur, Anna Colombo, a lawyer with University of Ottawa’s Community Legal Clinic, said written agreements provide the best protection.
Verbal agreements may be covered under the Residential Tenancies Act (RTA), but “if [students] do decide to take some sort of action later on, then it’s coming down to one person’s word against another,” she said.
Running into those “one word against another” problems can be easily avoided, if students are aware of their tenant rights, said Rob McGregor, a caseworker with Housing Help.
Housing Help is a non-profit organization that provides housing information and assistance to the Ottawa community.
“Tenants come here and we talk to them about their issue,” McGregor said.
“We explain to them the specific rights that are being violated and what the landlords should be doing as opposed to what they are doing,” he said.
McGregor said the first step he usually advises tenants to take is to talk to their landlord about their problem.
These problems can range from maintenance upkeep to deposits, he said, and when it comes to the issue of deposits, the problem is two-fold.
“A lot of the time when a potential renter fills out an application, landlords are asking to give a deposit, and if they realize they don’t want that place, they can lose that deposit,” McGregor said.
This is how students can accidentally enter binding tenancy agreements without realizing it, Colombo said.
The second problem with deposits, Colombo explained, is that some landlords ask for an illegal “damage deposit.”
The last month’s rent can’t be used towards damages either, she added.
Colombo emphasized that students should be aware of the fact that when entering a joint tenancy agreement, with other friends for example, you become responsible for the actions of your joint tenants.
“You can be responsible for their actions or inactions.”
Colombo and McGregor both said if students can’t resolve their problems by speaking with their landlord, they can go to Ontario’s Landlord and Tenant Board.
The board provides information about the RTA and resolves disputes between the two parties.
Tenants can file an application, which is followed by them serving their landlord with the case file. The two parties then meet for mediation, and if that still doesn’t solve the dispute, then a hearing is held.
Tenants can represent themselves, but legal representation is allowed.
Community legal clinics, like the ones at University of Ottawa and Carleton, offer their services free to undergraduate students.
After the hearing, the board member who heard the case will issue a written letter with their decision.
Mira Gamsa, manager of program development at the board, said being knowledgeable can prepare students for possible disputes in the future.
“I think it’s about being really informed of your rights under law, and to be very clear about agreements with landlords,” Gamsa said.
McGregor said he thinks regardless of the route taken to solve a dispute, the main goal is preventing tenants from having to move.
“[It’s about] trying to solve the problem as amicably as possible so the person doesn’t have to go and find a new place because the landlord’s not fixing the fridge.”