Landlord and Tenant Disputes
There are often stories in the newspapers about tenants being thrown on to the streets by greedy and heartless landlords looking to develop their land or deadbeat tenants who refuse to pay rent and are playing the system. You can’t help but feel sorry for one side or the other when you read these stories. However, most of these anecdotes reflect the extreme cases and, often, are not indicative of the full story.
It is not lost on us that most landlord/tenant disputes often involve situations with underlying merit on both sides and with both parties having very difference perspectives on any given situation and very different goals in a dispute. In order to effectively resolve these disputes it is important that your counsel understands where the other side is coming from.
In the case of a property owner that owner may have years of hard work and savings tied into the property and the income that they receive from renting the property may very well represent their sole source of income or a large portion of it, and they may have financing obligations that they are required to satisfy.
On the other hand a tenant, may be paying a large portion of their income for a place to live and are entitled to a safe and comfortable space to work or live in and they may feel that they should not be put in a position where their quiet enjoyment is being disturbed because of maintenance, or other issues, that they feel are not being adequately addressed.
Usually, the landlord and tenant’s needs are being met and the relationships between them is harmonious. The tenant is comfortable and feels the landlord is acting in their best interest. They feel that they are being treated fairly and they are grateful for the space. The landlord has a tenant that is not only providing them income but treats the space like it is their own. The landlord trusts that the tenant is going to meet their financial obligations and return the space to them in a similar condition to what it was when they received it.
Occasionally, however, the relationship breaks down. When it does, such disputes can be messy and fraught with negative emotion. When emotions are high, rationality often gets left curbside. It is important that parties to such disputes (whether landlord or tenant) have the right representative that can advocate for them and ensure that their interests are protected.
Gill & Mulholland LLP has extensive experience in working with businesses, homeowners, and tenants in property disputes. We use our experience and reputation to further resolution through negotiation, if possible, but remain ready to aggressively litigate if that is what is required. We have represented landlords and tenants in mediations, arbitrations, the Landlord and Tenant Board, the Small Claims Court, and in the Ontario Superior Court of Justice.
Whether you are looking for an opinion on your rights, as either a tenant or a landlord, or you have been caught up in a dispute and require legal assistance we can assist you. If you have any questions or require representation, please do not hesitate to contact our firm.