5 Questions for Change is a monthly feature that brings you insights from the people at CCHR working on the frontlines every day to advance the right to housing.
This month, we are talking to Julie Matheson, a Lawyer from our Client Services team.
- What are two issues you see renters struggling with most right now?
Many renters are concerned about the impact of Bill 60 on their rights as a tenant; the changes it will bring are largely geared towards tenants who have fallen into arrears, which is a position no one expects to be in, but is a very real threat for many people in this affordability crisis. Knowing that a landlord will be able to file for eviction just seven days after your rent is late is a very scary position when costs are rising and wages and benefits are not keeping up.
Similarly, Above Guideline Increases, or AGIs, are another threat to tenants being able to afford their rent, as the law permits landlords to pass on the cost of certain “capital expenditures” to tenants in rent-controlled buildings. This can feel very unfair to tenants, as they are already paying their rent, and the landlord is legally obligated to maintain their buildings. But with AGIs, landlords can get permission to raise the rent up to 9% over three years – on top of the guideline rent increase – which adds up quickly and drives rent prices up.
2. Is there a recent case or experience that stayed with you and what did it reveal about renters’ realities?
The Landlord and Tenant Board only has jurisdiction over tenancies that are protected by the Residential Tenancies Act – unfortunately, this category excludes some of the more vulnerable renters. A few different cases in recent months have involved situations where it was unclear whether the Act applied, or where the Landlord unfairly claimed it did not. This can be a complicated legal issue that needs to be determined by the Board based on the specific facts, but many renters unfortunately take their landlord’s claim that they are not a tenant as a fact without getting legal advice. If your landlord takes actions like moving in after you’ve already signed a lease; claiming to live with you while also living somewhere else; or starting to share the kitchen or bathroom with you when they never have before – get legal advice ASAP!
3. When you represent tenants at the LTB, what’s the most common misconception you encounter- either from renters or landlords?
I often see both landlords and tenants assuming that they can contract out of their rights under the RTA. But even if it’s in your lease, if a clause isn’t lawful – then it isn’t binding. Things like extra charges for roommates, illegal rent increases on rent-controlled units, pet prohibitions, or requirements that Tenants pay a fee for maintenance/repairs are not binding even if the parties sign a lease agreement that includes them. It’s always a good idea to seek legal advice before signing a lease that has clauses that aren’t legally allowed, or that otherwise makes you uncomfortable – but even if you have already signed it, it isn’t too late to get legal advice. It is still possible to fight back against many unfair rules, because the law is clear that you cannot sign away your rights.
4. If you could offer one piece of advice to renters across the country, what would it be?
Document everything! And don’t wait until everything has gone wrong; even if everything is going well, it doesn’t hurt to keep a record of communications with your landlord about anything regarding your home. Consider keeping a running Google doc of dates, times, events, and even put in screenshots of any emails and texts as you go – if you need to organize evidence for a hearing later on, you’ll be in a much better position. If you think you might have to take legal action, get legal advice early to help narrow down what kind of evidence you should be gathering, and any other steps you can take to set yourself up for the best possible outcome.
5. What drives you to do the work you do at CCHR?
Housing is a human right, and working at an organization that truly practices that approach to housing is deeply rewarding. The law guarantees many rights to tenants, but the reality is that they are sometimes difficult to enforce. Having the ability to empower tenants with the information and advice that will help them be treated fairly is a responsibility and privilege that I greatly value. While not all cases can be winning cases, helping someone make sure that they have the best chance possible of keeping their tenancy or making sure their landlord follows the law is what motivates me to keep doing this work.