LGL237 - Residential Landlord and Tenant Law

Outline info
Last revision date 2018-07-05 11:33:07.5
Last review date 2018-07-16 00:15:00.975

Subject Title
Residential Landlord and Tenant Law

Subject Description
This subject introduces the student to residential tenancies, and covers the Residential Tenancies Act. Students are taught the law and procedures relating to the termination of residential tenancies and other common applications that come before the Landlord and Tenant Board.

Credit Status
This is a credit course applicable towards the Paralegal Certificate Program offered through the Faculty of Continuing Education and Training.

Learning Outcomes
Upon successful completion of this subject the student will be able to:

1. Identify the key provisions of the Residential Tenancies Act.

2. Analyze the landlord/tenant relationship.

3. Identify the types of tenancies.

4. Explain the rights and responsibilites of both the tenant and the landlord.

5. Explain the applicable provisions of rent control legislation.

6. Analyze and apply the rules and procedures regarding the termination of tenancies.

7. Understand the process and procedure before the Landlord and Tenant Board and be able to apply those procedures to both landlord and tenant applications..

8. Identify the type of evidence that is introduced before the tribunal to prove common allegations and defences, and draft the appropriate documentation.

9. Produce written material that is coherent, logical and substantially free of grammatical and spelling errors.

10. Display an attitude of professionalism, as evidenced by an ability to meet deadlines, complete assignments and perform tests and in-class assignments as scheduled.

Essential Employability Skills
Communicate clearly, concisely and correctly in the written, spoken and visual form that fulfils the purpose and meets the needs of the audience.

Respond to written, spoken, or visual messages in a manner that ensures effective communication.

Execute mathematical operations accurately.

Apply a systematic approach to solve problems.

Use a variety of thinking skills to anticipate and solve problems.

Locate, select, organize, and document information using appropriate technology and information systems.

Analyze, evaluate, and apply relevant information from a variety of sources.

Show respect for diverse opinions, values, belief systems, and contributions of others.

Interact with others in groups or teams in ways that contribute to effective working relationships and the achievement of goals.

Manage the use of time and other resources to complete projects.

Take responsibility for one's own actions, decisions, and consequences.

Cheating and Plagiarism
Each student should be aware of the College's policy regarding Cheating and Plagiarism. Seneca's Academic Policy will be strictly enforced.

To support academic honesty at Seneca College, all work submitted by students may be reviewed for authenticity and originality, utilizing software tools and third party services. Please visit the Academic Honesty site on http://library.senecacollege.ca for further information regarding cheating and plagiarism policies and procedures.

All students and employees have the right to study and work in an environment that is free from discrimination and/or harassment. Language or activities that defeat this objective violate the College Policy on Discrimination/Harassment and shall not be tolerated. Information and assistance are available from the Student Conduct Office at student.conduct@senecacollege.ca.

Accommodation for Students with Disabilities
The College will provide reasonable accommodation to students with disabilities in order to promote academic success. If you require accommodation, contact the Counselling and Disabilities Services Office at ext. 22900 to initiate the process for documenting, assessing and implementing your individual accommodation needs.

All Modules One to Three Courses

It is your responsibility to ensure that program requirements and course prerequisites as outlined are met. Prerequisites are included for your academic protection. Course content and your instructor's teaching assumes that students are academically prepared and instruction will proceed accordingly. Students lacking prerequisites not only jeopardize their own ability to succeed but present unnecessary interruption. If you lack appropriate prerequisites (or advanced standing for the prerequisite course) you may be asked to withdraw or transfer to a more appropriate course with the risk of academic/financial penalty.

Topic Outline
I. Introduction

   A. The Leasehold Interest 
   B. Residential and Commercial Tenancies 
   C. Applications of the Residential Tenancies Act 
   D. Types of Tenancies 
       1. Fixed term tenancies 
       2. Periodic Tenancies 
   E. Important Terms 
   F. Form of the Residential Lease 

II. Rights of the Residential Tenant 

    A. Privacy 
    B. Maintenance and Repairs 
    C. Assignment and Subletting 
    D. Information 
    E. Security of Tenure 
    F. Reasonable enjoyment 
    G. Changing locks 

III. Rights of the Landlord 

     A. Payment of Rent 
         1. Security Deposits 
         2. Post-dated Cheques
     B. No Right of Distress 
     C. Accelerated Rent 
     D. Overholding Tenants 
     E. Reinstatement of Tenancy 

IV. Termination of Tenancy 

      A. Termination by the Tenant 
           1. At the end of the term 
           2. At other times 
       B. Termination by the Landlord 
            1. Early termination 
            2. At the end of the term 
       C. The Notice of Termination 
            1. Preparation 
            2. Service 
            3. Rights of Tenant 

V.  Proceedings before the Landlord and Tenant Board

     A. Overview of the Board 
     B. Proceedings for Possession by the Landlord 
          1. Procedure 
          2. Preparing application forms 
          3. Filing and serving the application 
          4. Disputing the application 
          5. Matters related to the hearing 
          6. Calculation of money owing 
      C. Reviews, Amendments and Appeals 
      D. Mediation and Other Settlements 
      E. Proceedings by the Tenant 
          1. Landlord's Obligation to Repair 
          2. Relief against Acceleration 
          3. Landlord's Refusal to Consent to Sublet 
          4. Provincial Offences by Landlord 

VI.  Rent Control 

Mode of Instruction
Students learn through interactive classroom lectures, discussion and group problem solving.

It is the student's responsibility to save documents, articles and notes that the instructor has provided on BlackBoard or in class. Students will not be able to access BlackBoard as of the last day of the student's class.

Prescribed Texts
John Dickie, David Lyman Working with the Residential Tenancies Act, Higher Education Professional, 2011, 3rd Edition, ISBN#978-1-55239-395-6

Reference Material

Promotion Policy

Grading Policy
A+ 90%  to  100%
A 80%  to  89%
B+ 75%  to  79%
B 70%  to  74%
C+ 65%  to  69%
C 60%  to  64%
D+ 55%  to  59%
D 50%  to  54%
F 0%    to  49% (Not a Pass)
EXC Excellent
SAT Satisfactory
UNSAT Unsatisfactory

For further information, see a copy of the Academic Policy, available online (http://www.senecacollege.ca/academic-policy) or at Seneca's Registrar's Offices.

Modes of Evaluation

Term Test 35%
Assignment 30%
Final Examination 35%

Materials permitted into tests and exams are at the discretion of the instructor.
Students must attain a grade of at least 50% to pass the course.

Please Note
  • Exams are evaluated on subject knowledge as well as correct language usage, organization, and mastery of the subject.
Absenteeism and Tests
  • Students should be aware that absenteeism will impact on their ability to achieve satisfactory grades.
  • If you miss a test, you must provide the reason in writing to the instructor prior to the next scheduled class. If your reason is accepted, you will be permitted to write a make-up test. Otherwise, you will be given a zero for the test. You must submit an original doctor’s certificate identifying the date, length of time of expected absence and the specific reason for your absence, or other appropriate documentation.

Academic Honesty

Students at Seneca College are expected to be honest and forthright in their academic endeavours. When students cheat on an examination, steal the words or ideas of another, or falsify their research results, it corrupts the learning process. A Seneca College degree, diploma or certificate signifies to society mastery of a set of defined learning outcomes in a designated field of study. If academic credit is obtained dishonestly, the value of every graduate's diploma in the field of study is diminished, as is the reputation of the college as a whole.

Penalties for Academic Dishonesty

The penalty for a first offence is a grade of '0' on the assignment or examination. The penalty for the second offence is expulsion for a time period determined by the Academic Honesty Committee, normally for a minimum of three terms. For further information refer to the policies section of the Seneca College student handbook, or to the following website: http://library.senecacollege.ca/Academic_Honesty/

Prior Learning Assessment
Please be advised that, in accordance with current Law Society of Ontario Paralegal Education Program Accreditation Policy guidelines (September, 2017, ss. 2.15 and 3.8), PLA for prior work experience is no longer permitted in any of the compulsory legal courses in the certificate program, including the field placement. All students, regardless of prior work-related training must fulfil the requirements of all components of the Paralegal Program.

Approved by: Sandra Noble