DL Blog

Lawyers Weekly article featuring Michael Carabash and Legal Forms + Video Guides…

admin — Mon, 15 Mar 2010 18:14:29 +0000

A few weeks ago, I was featured in a Lawyers Weekly article about sharing office space. The article featured my good friend, Joel Kadish, and I (among others) discussing the pros and cons of sharing office space. The article also mentioned Dynamic Lawyers‘ new Legal Forms + Video Guides packages. Here’s the full article in case you’re interested in reading it:

Michael Carabash and Legal Forms + Video Guides mentioned in Lawyers Weekly… Yours truly was featured in the Lawyers Weekly this past...
Goldhawk Live video featuring DL and Michael Carabash now available! Dynamic Lawyers is pleased to announce that the hour-long video...
Official Launch: LEGAL FORMS + VIDEO GUIDES IS HERE!!! The Future of Legal Services is here: LEGAL FORMS +...

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Residential Lease Agreements (Ontario) | Tenancy Agreements (Part 3)

admin — Mon, 15 Mar 2010 17:03:44 +0000

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to a residential lease or a tenancy agreement, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you.

This is the third of a series of blogs about residential lease agreements in Ontario. In the first blog, I talked about what residential lease agreements are, the impact of the Residential Tenancies Act, 2006 (the “Act”), and some of the Landlord’s obligations. In the second blog, I discussed the Tenant’s statutory obligations. In this blog, I’ll be discussing SOME of the terms you can find in a simple residential lease agreement. Note that, if the terms and conditions are already dealt with in the Act, you need not replicate them in the agreement and you can’t override them (so I just exclude them and simply point out in the agreement that, if a party wants to know, for example, how to terminate the residential lease agreement, they should turn to the Act). So on with the show…

Void Terms
To begin, it’s worth noting that the following terms in a Residential Lease Agreement are not enforceable under to the Act (so putting them in is only for show):

No pet clauses (i.e. prohibiting the presence of animals): section 14
Acceleration clauses (i.e. saying that all or part of the remaining rent for the term of the tenancy is due because the Tenant defaulted in paying rent or carrying out an obligation: section 15
The requirement to provide post-dated cheques or permit automatic debiting of a bank account to pay the rent: section 108.

Term
The Term of a Residential Lease Agreement begins on a certain date (as specified in the Agreement) and continues for a term (e.g. 1 year, 6 months, etc.) until it is terminated in accordance with the Act. Yes, you read correctly: the tenancy can ONLY be terminated in accordance with the Act. It cannot expire. So what happens at the end of the initial term? Well, if the initial term was for fixed period (e.g. 1 year) and the Agreement is not renewed or terminated, then the Landlord and Tenant SHALL BE DEEMED to have renewed it as a MONTHLY Residential Lease Agreement containing the same terms and conditions that are in the expired Residential Lease Agreement: section 38(2). If the initial term was simply daily, weekly, or monthly and it was not renewed or terminated, then the Landlord and Tenant SHALL BE DEEMED to have renewed it for ANOTHER DAY, WEEK, OR MONTH Residential Lease Agreement (as the case may be) containing the same terms and conditions that are in the expired Residential Lease Agreement: section 38(2).

Termination
So how can the Residential Lease Agreement be terminated? Well, the easiest way is for the Landlord and Tenant to have agreed to terminate the tenancy: section 37(3). Note, however, that any such agreement to terminate the tenancy is VOID if it is given at the time the tenancy agreement is entered into or as a condition of entering into the tenancy agreement: section 37(5). The second easiest way (unfortunately) is for the Tenant to die! If there are no other Tenants left in the rental unit, then the tenancy shall be deemed to be terminated 30 days after the Tenant’s death: section 91.

The other big way to terminate a Residential Lease Agreement involves the Landlord giving NOTICE OF TERMINATION: if the Tenant vacates the rental unit in accordance with the notice of termination, then the tenancy is terminated on the termination date set out in the notice: section 37(2). So what entitled the Landlord to give proper Notice of Termination? Well, they can only give such Notice if the Act permits it. For example, the Landlord can give Notice if they, in good faith, require possession of the rental unit if they, their spouse, their children, or parents (among others) require it for residential occupation: section 48. The Landlord can also give notice of termination if they require possession of the residential unit to demolish it, convert it into something other than a residential premise, or do extensive repairs or renovations: section 50. There are specific requirements that must be met concerning the information that must appear in the Notice, the applicable time limits, and earlier termination by the Tenant. Make sure to review the Act carefully and consult a lawyer if you have any comments, questions, or concerns.

Security Deposit
The Act says that a Landlord can only require a Tenant to pay a rent deposit before entering into a Residential Lease Agreement. The amount that the Landlord may require cannot be more than whichever of the following is lesser: the rent for one rent period (e.g. if the rent period is 1 day, 1 week, 3 months, etc.) or the rent for one month. Typically, if the rent period is more than 1 month, then the Landlord cannot require the Tenant to pay more than one month’s rent in advance: sections 105 and 106.

Rent
The Landlord must provide – free of charge – a receipt for the payment of any rent, deposit, arrears, or any other amount paid to the Landlord: section 109.

A Landlord cannot increase the rent charged to a Tenant for a rental unit until 12 months have elapsed since the last increase in rent or since the day the rental unit was first rented: section 119. The Landlord must also provide 90 days written notice to the Tenant of their intention to increase the rent: section 116. There is a guideline under the Act for determining how much the Landlord can increase the rent by. The Landlord and Tenant can agree to increase the rent charged to the Tenant above that guideline if the Landlord carried out or undertakes to carry out a specified capital expenditure in exchange for the rent increase or the Landlord has provided or undertakes to provide a new or additional service in exchange for the rent increase: section 121. The Landlord can also apply to the Board for an order permitting the rent to be increased by MORE than the guideline in limited circumstances relating to the rental unit. These circumstances include extraordinary increases in the cost for municipal taxes and charges or utilities, eligible capital expenditures, and operating costs related to security services: section 126. If you’re a Landlord or a Tenant and need advice concerning rent, seek professional help.

General Terms
The General Terms appear at the end of the Residential Lease Agreement and help to fill in some of the gaps concerning the Agreement. Some of the terms you would normally find in the General Terms section in commercial agreements, however (e.g. assignment, governing law, and waivers), are already dealt with in the Act and need not be mentioned in this section of the Agreement. That said, the parties can still acknowledge that they understand and are entering into the Residential Lease Agreement voluntarily. They can also agree on how the Agreement can be amended (if at all). Finally, they can acknowledge that the Agreement supersedes all other Agreements – whether oral or written – relating to the lease of the rental unit.

By the way, if you are a Landlord and you are looking for an Ontario Residential Lease Agreement, you’ve come to the right place:

Residential Lease Agreement (Ontario)

A Landlord can use this Agreement to rent out a residential unit. This Agreement comes with a Rental Application. All of Dynamic Lawyers‘ legal forms are lawyer-prepared, simple to read, easy to customize, and only a fraction of the price a lawyer would charge. Also, each legal form comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that sheds valuable insight into how legal forms can be challenged. What are you waiting for?

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 1) Please note that the information provided herein is not legal...
Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 2) Please note that the information provided herein is not legal...
Residential Lease Agreements (Ontario) | Tenancy Agreements Here’s Legal Form + Video Guide #14: Residential Lease Agreement...

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Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 2)

admin — Mon, 15 Mar 2010 16:57:42 +0000

This is the second of a series of blogs about residential lease agreements in Ontario. In the first blog, I talked about what residential lease agreements are, the impact of the Residential Tenancies Act, 2006 (the “Act”), and some of the Landlord’s obligations. In this blog, I’ll be discussing some of the Tenant’s obligations under the Act.

Tenant Obligations under the Act
As with Landlords, the Act imposes a few obligations on Tenants. These obligations supersede any terms or conditions of a Residential Lease Agreement. So if you put something in the Residential Lease Agreement that conflicts with the Act, it will not be enforceable. Here are SOME of the Tenant’s statutory obligations:

Cleanliness: Section 33
The Tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the Residential Lease Agreement requires the Landlord to clean it.

Repair of Damage: Section 34
The Tenant is responsible for the repair of undue damage to the rental unit or residential complex caused by the willful or negligent conduct of the Tenant, another occupant of the rental unit or a person permitted in the residential complex by the Tenant.

Changing Locks: Section 35
A Tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the Tenant’s occupancy of the rental unit without the consent of the Landlord. If a Tenant alters the locking system, then the Landlord can apply to the Board for an order that the Tenant provide the Landlord with keys or pay the Landlord the reasonable out-of-pocket expenses necessary to change the locking system.

Not to Harass: Section 36
A Tenant shall not harass, obstruct, coerce, threaten or interfere with the Landlord.

By the way, if you are a Landlord and you are looking for an Ontario Residential Lease Agreement, you’ve come to the right place:

Residential Lease Agreement (Ontario)

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 1) Please note that the information provided herein is not legal...
Residential Lease Agreements (Ontario) | Tenancy Agreements (Part 3) Please note that the information provided herein is not legal...
Residential Lease Agreements (Ontario) | Tenancy Agreements Here’s Legal Form + Video Guide #14: Residential Lease Agreement...

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Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 1)

admin — Mon, 15 Mar 2010 16:50:13 +0000

So this is the first of a series of blogs I’ll be writing about residential lease agreements in Ontario.

What is a Residential Lease Agreement | Tenancy Agreement?
A Residential Lease Agreement is a contract between a Landlord (the owner of a rental unit) and a Tenant (the person wishing to occupy the rental unit and pay rent). In Ontario, these types of Agreements are governed by the Residential Tenancies Act, 2006 (the “Act”). The Act came into effect on January 31, 2007 and is designed to set the rules for most residential rental housing in Ontario. Importantly, the Act says that any provision in a Residential Lease Agreement that is “inconsistent with this Act or the regulations is void” (section 4). What does this mean? Well, as you’ll see below, if you have a no-pet clause in your Residential Lease Agreement and you think you can enforce it – think again! Section 14 of the Act says that such a provision is void! Ouch! We’ll get more into this later on…

How are disputes resolved?
If there is a dispute concerning the application of the Act (e.g. the Landlord or Tenant’s obligations, termination of the tenancy, rent, etc.), then the Landlord or Tenant may apply to the Ontario Landlord and Tenant Board (“Board”) for a resolution. The Board has the exclusive authority to determine applications under this Act. The Board is governed by the Act and the Statutory Powers Procedure Act, and has its own Rules of Practice. If you need to bring an application to the Board, you should consult with a lawyer as to how to do this (they will know the documents and processes better than anyone else).

What are the Landlord’s Obligations under the Act?
The Act imposes a number of obligations on Landlords. Even if a Residential Lease Agreement says otherwise, it is not enforceable if it is ever brought before the Board on an application for a determination. Here are SOME of the Landlord’s statutory obligations:

Repair: Section 20
Like it or not, the Landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. This applies EVEN IF the Tenant was aware of a state of non-repair or a contravention of a standard BEFORE entering into the Residential Lease Agreement!

Non-Interference: Section 22
A Landlord shall not, during the Tenant’s occupancy, interfere with the Tenant’s reasonable enjoyment of the rental unit or residential complex for all usual purposes by the Tenant or members of his or her household.

Not to Harass: Section 23
A Landlord shall not harass, obstruct, coerce, threaten or interfere with a Tenant.

Privacy and Entry: Sections 25, 26, and 27
Only under limited circumstances can a Landlord enter a rental unit. They can do so WITHOUT notifying the Tenant in cases of emergency or if the Tenant consents at the time of entry. They can also do so without notice to clean the rental unit if the Residential Lease Agreement requires it AND the Landlord enters at the time specified in that Agreement OR between the hours of 8 a.m. and 8 p.m. A Landlord can also enter a rental unit WITHOUT notice to show it to prospective tenants under certain circumstances – namely: (1) the Landlord and Tenant must have agreed that the tenancy will be terminated or one of them has given notice of termination to the other; (2) the Landlord must enter between 8:00 a.m. and 8:00 p.m.; and (3) before entering, the Landlord must inform or make a reasonable effort to inform the Tenant of the intention to enter. Finally, a Landlord may enter a rental unit WITH written notice given to the Tenant at least 24 hours before the time of entry and only in limited circumstances. Those circumstances include (but are not limited to): carrying out an inspection to see if the rental unit needs repair or maintenance and carrying out such repair or maintenance or other work on the rental unit. Any notice that needs to be given shall specify the reason for the entry, the date and time of entry (it must be between 8:00 a.m. and 8:00 p.m.).

Changing Locks: Section 24
A Landlord cannot change the locks on a door to a rental unit or residential complex during a Tenant’s occupancy without giving the Tenant replacement keys. A Landlord will need to wait until the tenancy has been terminated to change the locks.

Tenant Applications to the Board
A Tenant or a former Tenant may apply to the Board for an order that the Landlord has breached one or more of its obligations under the Act. However, there is a TIME LIMITATION for bringing such an application: no application may be made more than 1 YEAR after the day the alleged conduct giving rise to the application occurred: section 29(2).

If the Board finds that the Landlord had breached its statutory obligations, then the Board may (among other things) terminate the tenancy, order an abatement of rent, authorize repair / replacement, order that the Landlord pay money to the Tenant or Former Tenant, prohibit the Landlord from taking steps to raise the rent, or make any other order that it considers appropriate. In determining which remedy or remedies to impose, the Board must consider whether the Tenant or former Tenant advised the Landlord of the alleged breaches before applying to the Board: section 30(2).

By the way, if you are a Landlord and you are looking for an Ontario Residential Lease Agreement, you’ve come to the right place:

Residential Lease Agreement (Ontario)

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 2) Please note that the information provided herein is not legal...
Residential Lease Agreements (Ontario) | Tenancy Agreements (Part 3) Please note that the information provided herein is not legal...
Residential Lease Agreements (Ontario) | Tenancy Agreements Here’s Legal Form + Video Guide #14: Residential Lease Agreement...

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Legal Forms + Video Guides featured on Newstalk 1010: Tech Talk with Marc Saltzman

admin — Mon, 15 Mar 2010 07:58:15 +0000

So today I appeared as a guest on Newstalk 1010 radio with Marc Saltzman of Tech Talk. Marc and I talked about the history of Dynamic Lawyers, the new Legal Forms + Video Guides initiative, and took some calls from interested listeners. Here’s the show in part 1 and part 2:

FYI, this was my second appearance on Newstalk 1010 radio with Marc Saltzman. Here’s the first interview:

(Just scroll down)

FYI, Marc is a great guy who really knows his technology

Here’s his bio:

Marc Saltzman is one of North America’s leading consumer technology columnists, who contributes to nearly 50 high-profile publications in Canada and the U.S. (including USA Today, Toronto Star, CanWest, CNN, Sympatico.ca, MSN.ca, Yahoo!, Costco, Movie Entertainment, AARP, Playboy and many Rogers Publishing magazines). Marc, who has authored 14 books, also hosts “Gear Guide,” a video segment that airs before the film begins at Cineplex and IMAX theatres, along with TV spots (on CTV News Channel) and radio shows (NewsTalk 1010, in Toronto). In 2008, Marc’s technology blog, Sync (www.sync-blog.com), was rated Best Technology Blog in Canada by an independent panel of experts.

Profile of Dynamic Lawyers on Marc Saltzman’s Sync-Blog Thanks goes out to Marc Saltzman (tech guru; CFRB1010 host;...
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CFRB1010 Interview with Marc Saltzman: TODAY!

admin — Sun, 14 Mar 2010 05:47:40 +0000

Our media campaign about Legal Forms + Video Guides officially launches today! Catch me on CFRB1010 News Talk Radio with Marc Saltzman at 12:00 p.m. noon. And don’t forget to set your clock one hour-ahead or you’ll miss the interview (don’t worry, we’ll also be podcasting it afterwards).

FYI, on Wednesday, I’ll be on TV again (Goldhawk Live). Stay tuned…

Dynamic Lawyers to be featured on Goldhawk Live next Wednesday, June 3rd, 2009 I have been invited to appear as a guest on...
CFRB1010 Interview: Booked for March 14th at noon It’s confirmed: Marc Saltzman of Tech Talk (remember the guy...
Next month: Another CFRB1010 Radio Interview Ok sports fans, it’s confirmed. I’ll be back on CFRB1010...

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Residential Lease Agreements (Ontario) | Tenancy Agreements

admin — Sun, 14 Mar 2010 04:40:46 +0000

Here’s Legal Form + Video Guide #14:

Residential Lease Agreement (Ontario)

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

Residential Lease Agreements (Ontario) | Tenancy Agreements (Part 3) Please note that the information provided herein is not legal...
Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 2) Please note that the information provided herein is not legal...
Residential Lease Agreement (Ontario) | Tenancy Agreement (Part 1) Please note that the information provided herein is not legal...

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Plaintiff’s Claim – Construction | Renovation Disputes (Ontario Small Claims Court)

admin — Sat, 13 Mar 2010 08:15:10 +0000

Here’s Legal Form + Video Guide #13:

Plaintiff’s Claim – Construction | Renovation Dispute (Ontario) –

This Court Form Package can be used by a party who wants to start a lawsuit in Ontario’s Small Claims Court concerning a Construction / Renovation dispute. If you are looking for other court forms and guidance go to www.DynamicLawyers.com. This package comes with a FREE VIDEO GUIDE (watch a useful example of how this court form can be customized), a FREE DL GUIDE (read helpful information about this court form), and another FREE DL GUIDE that offers valuable insight into preparing for and attending Ontario’s Small Claims Court. What are you waiting for? Go to www.DynamicLawyers.com. Best of all, if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

This information and this sample video guide is NOT legal advice and is provided for informational purposes only. If you need an Ontario lawyer, go to Dynamic Lawyers and make a post.

Ontario Small Claims Court Lawyers – Part 1 (The Plaintiff’s Claim) As a follow up to my other blogs about the...
Ontario Small Claims Court Lawyer – Part 2 (More on the Plaintiff’s Claim) As a follow up to my last blog about small...
Small Claims Court Ontario: Part 1 (Resources) Over the next few blogs, I thought it would be...

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Quick Update…

admin — Fri, 12 Mar 2010 04:26:19 +0000

OK, so I realize I’m blogging sporadically, but that’s because I’ve been busy practicing law and preparing more Legal Forms + Video Guides. So let me give you a quick update…

First of all, concerning the Legal Forms + Video Guides, we have 12 packages available for purchase. These all deal with Ontario legal forms. Most are under $50. They are as follows:

Click on the link to see a sample of the form (plus basic information), a sample of the video guide, and a sample of the two DL Guides that come with each package. All of this would normally cost thousands of dollars worth of a lawyer’s time to prepare. And it’s yours for a fraction of the cost!

So as you can see, we have legal forms in various areas ranging from Family law, Wills and Estates, Business, and Other. Right now, we’re working on adding the following packages:

Residential Lease Agreement (Apartment)
Will for equal division of residue to children
Marriage Contract
Form 7A – Plaintiff’s Claim for Construction / Renovation Disputes (Small Claims Court)

This will bring our total forms to 16 in a few short days. I’m hoping this will all be available before my CFRB1010 interview on Sunday at noon. So we’ll be working diligently until then.

This stuff takes time, but it’s well worth it!

Also, I’m tentatively going to be on TV next week to talk about the Legal Forms + Video Guides. Stay tuned for another update…

Another Update on Legal Forms… I wanted to give you an update on our Ontario...
Quick Update on Legal Forms… Just a quick update on our upcoming release of Legal...
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Why DynamicLawyers.com is a Disruptive Technology…

admin — Sun, 07 Mar 2010 20:35:03 +0000

Richard Susskind – the man who influenced me to build and develop Dynamic Lawyers into what it is today – wrote a part in his book (“The End of Lawyers?”) that I want to discuss here for a moment. That book is almost like a blueprint for me. Heck, I even take that book when I go to media interviews.

There’s a part in that book that talks about online legal guidance. He defines this as a disruptive technology that creates a paradigm shift. Now you’re probably thinking: “What’s a disruptive technology and what’s a paradigm shift?” Let me explain… A disruptive technology, as Richard states in his book, is a technology that will disrupt the law firm (not the client). This technology is new, innovative, and periodically emerge and fundamentally transform companies, industries, and markets. A paradigm shift is a fundamental shift, transformation, evolution, etc. in the way something is done. So with those definitions in mind… Let’s get to the paradigm shift…

Before you would have to have face-to-face consultation with a lawyer (typically at their hourly rate). So lawyers would have a monopoly over their knowledge and services. Now, however, online legal guidance can be provided in a way that gives multiple people simultaneous access to a lawyer at a fraction of the cost. Richard mentions a few examples, such as Linklaters, Clifford Chance, and American pioneer of online legal self-help, Rirchard Granat.

So onto my point…Dynamic Lawyers is offering legal guidance in various ways to compliment traditional legal services for those people who cannot otherwise afford a lawyer. First, there’s the Craigslist.org-like make a post, get free quotes form local lawyers. Lawyers compete so you win. That’s a disruptive technology. It sure beats having to go through the yellow pages or having to explain yourself on the phone to a lot of different lawyers. Next, there’s the free legal info that’s being provided through the DL Blog, the Legal Areas, the Stats and Reports, and through our affiliations with other websites (e.g. Legalline.ca, AdviceScene.com, IsThatLegal.ca, LegalTree.ca, etc.). So prospective and actual users of legal services are becoming better educated. Next, there’s the FREE Legal Health Checkup, an innovative way to check your legal health (and hopefully avoid nasty surprises later on). Finally, our new Legal Forms + Video Guides project offers customizable and lawyer-prepared legal forms with a ton of guidance!

So there you have it! We’ve got lots of more ideas, but we’ll focus for the time being on making the ones above even better!

DynamicLawyers truly is a disruptive technology that’s taking advantage of the paradigm shift we’re currently experiencing in the legal industry.

National Post article: Lawyers must change with times… In yesterday’s Financial Post, Jim Middlemiss wrote a very interesting...
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