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Posted by / 15-Jan-2020 20:04

In these circumstances, freshly terminated superintendents will seek to assert a wrongful termination, want damages, possible reinstatement for human rights code violations and they will want to raise this before the landlord and tenant board. For the most part, the answer is "no" (see Onucki v. The Board's consistent response is that they refuse to hear those issues.

Consequently, most hearings involving former superintendents don't last very long as the proof of terminated employment is easily established and an eviction Order follows.

DISCUSSION The general import of the provisions of the RTA (s.

93 & 94) is that superintendents, once fired from their job, have a week to vacate their apartment for which they do not have to pay rent for that week.

The fact is that a great many apartment buildings have someone in the building who acts as a superintendent of the building.

The "super" is the person that other tenants go to with complaints, to get things fixed, to serve notices, to make noise complaints, to pay rent, and for anything else such as lockouts, extra keys etc..

The answer is not simple and more is involved than what one might first suppose.

From this perspective, having a bad superintendent is not in the interests of the tenants or the building owner.

After considering all of the things that the Superintendent does, for all of the tenants in the building, it becomes quite clear that having a good superintendent can go a long way to having a positive relationship with the landlord.

Unfortunately, the converse is also true and a bad superintendent can be a big problem for tenants and hence be a big problem for landlords. Imagine a superintendent who fails to clean the building, fails to respond to complaints, loses rent cheques, puts all the elevators on service at the same time, doesn't deal with noise complaints or other anti-social behaviour (or worse contributes to anti-social behaviour), and is generally un-responsive to tenant issues and fails to actively manage the building.

So what is the recourse for tenants and landlords when a "superintendent" is bad and fails to do their job properly?

In relation to tenants, the answer is to treat the actions of the superintendent as the actions of the landlord.

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