Legal Aid: What Is It for Renters?
Legal aid for renters is a vital resource for those facing disputes with their landlords or who require guidance navigating the complex field of rental law. Essentially, legal aid is a form of assistance that provides tenants access to legal advice, representation in court, or both at little or no cost. Since legal assistance can be expensive and is not financially realistic for many tenants, legal aid extends a lifeline to renters who might otherwise be left vulnerable to exploitation or injustice.
In most cases, legal aid is provided by non-profit organizations with a focus on helping those in the community who are most in need of guidance. Non-profit legal aid organizations employ expert legal professionals who are often volunteers or work under very low-cost employment agreements . Because these legal aid organizations are not classified as law firms, they often do not charge their clients for services rendered (although some non-profit legal aid organizations do accept payment for services).
The process for applying and receiving legal aid will vary from client-to-client, but a foundation for such services is essentially the same across the board. In the vast majority of situations, legal aid organizations will base their qualification requirements on the client’s income. For example, certain legal aid organizations accept applicants whose household income is classified by the U.S. Department of Housing and Urban Development as "very low" or "extremely low." In addition to household income, legal aid organizations often attempt to gauge the severity of an applicant’s housing-related needs as well. Tenants who are unable to afford legal services may qualify for legal aid longer than tenants who can afford private representation.
Criteria for Legal Aid in Housing Cases
The Law Society of Upper Canada has determined the criteria to be used to assess eligibility for legal aid in housing matters. The criteria include monthly income, location, rent level, number of people in the household, assets and citizenship status.
Monthly income: Eligibility in most housing matters is based on income below the low-income measure (80%). Location: Eligibility varies from one area to another and is based primarily on the cost of housing in an area. Rent level: If a person pays a significant portion of their income for shelter (such as rent), the eligibility levels are raised. This varies depending on where you live. It is also based on how much actual rent you pay. Number of people in the household: This impacts the eligibility for more than just housing issues. For example, clients with three or more dependent children are eligible for a higher limit or have income exemptions for family allowances and child tax credits. Assets: The asset limits set by the Law Society vary from $4,000 for a single occupant of a dwelling to $8,000 for seven or more people. These limits do not include an exempt asset such as a car worth less than $3,000. Citizenship status: This may impact eligibility. A person must be a Canadian citizen or "lawfully admitted to Canada for permanent residence" to be eligible for legal aid.
Common Legal Issues and Rights of Renters
Renters have numerous rights designed to protect them from extreme rent increases or unsafe living conditions. Renters want security of tenure. The rights most commonly associated with renting include: the right to have a written rental agreement containing important information about their tenancy; the landlord’s obligation to maintain the common areas of the buildings and the suites themselves (including ensuring the building meets building code requirements); the specific rights of each party (for example whether the landlord can enter the unit); notice requirements for rent increases; rules surrounding security deposits; the tenant’s rights to dispute excessive rent increases; and the landlord’s remedy for non-payment of rent.
Renters may move an application for Legal Aid if they face issues such as: eviction for alleged non-payment of rent; eviction for alleged substantial breaches of a tenancy agreement (for example, the landlord may allege that tenants are smoking in prohibited areas or that they are causing a nuisance).
Who Can Get Legal Help as a Renter
To obtain legal aid, renters must apply through the provincial or territorial government where they live. Legal aid applications can be initiated online, in person, or by phone, depending on the jurisdiction.
An applicant requires proof of legal status in Canada. This can be a Canadian citizenship certificate, permanent residency card, or work/study permit. For certain jurisdictions, additional specific documentation is requested when applying. BC and Ontario, for example, require proof that an applicant has been denied legal aid from Legal Aid BC or Legal Aid Ontario when applying for legal aid at the Law Foundation of Ontario. With respect to documents, an applicant is also required to provide the following: Although an applicant is required to submit the documents listed above, it is worth noting that they are not required to submit all of them. Section 12 of the Alberta Legal Aid Regulation states, for example, that the applicant "must provide…" a statement of income and bank statements for the previous three months, but is not required to provide income tax statements, monthly bills, GST statements, and so forth. Should a renter be experiencing domestic abuse or require an interpreter, additional documentation is not required as a result of provisions under the Family Violence Protection Act (R.S.A. 2000, c. F-4.5) in Alberta and the Racial Equity and Anti-Racism Measures Act, respectively. However, as further outlined below, documentation may still be requested. In assessing an application, one of the most significant factors is income. All applications are considered on a case by case basis, with the threshold being substantially lower for those excepted from giving personal information such as abuse victims, youth under the age of 18 years, or patients in a hospital or treatment centre. If deemed necessary, the applicant may be called for further information or required to provide additional documentation to prove financial eligibility. BC and Saskatchewan allow ABLE BC and Public Interest Law Centre – Legal Aid to apply on behalf of tenants applying for legal aid. In Saskatchewan, it is recommended that tenants contact an ABLE BC community partner in their area for help.
Legal Aid Groups and Resources
Renters can access legal aid through a variety of organizations. The Legal Services Corporation (LSC) is the largest provider of civil legal aid in the United States, distributing approximately $385 million annually to 133 independent nonprofit civil legal aid programs in every state, the District of Columbia, and U.S. territories. Based on income guidelines established by Congress, LSC’s programs assist people with the biggest needs, often representing the elderly, veterans, and victims of domestic violence. More than 90 percent of LSC’s funding comes from Congress. To determine which LSC program serves you, visit the LSC’s State Locator.
The Legal Services Corporation was established by Congress in 1974 to provide funding for individual legal services programs. In that year, the Ford Foundation, with assistance from the American Bar Association, began exploring the question of how to provide legal services to poor persons in the U.S. Since then , a variety of private and public entities have been created to provide legal services to the poor. While there are thousands of nonprofit programs in the U.S., the programs that receive Legal Services Corporation grants have common characteristics but vary widely in what services they provide and how they provide those services.
LawHelp is a nationwide, federally funded website designed to help people who need legal information and representation find help in their community and online. People can search by state or legal issue to find an organization or resource.
Pro Bono Net, a nonprofit, makes securing affordable legal help easier for people from all walks of life – rural, urban, or suburban, rich or poor, vulnerable or secure, through innovative uses of technology. Pro Bono Net provides essential support through probono.net, since 2000, a community of 145 nonprofits, libraries, law firms and courts, including one of the first online platforms for legal assistance.
Case Examples: Renters’ Rights
Scenario 1: The Unpaid Security Deposit
Maria is a single mother who moved into her apartment with her son José two years ago. When the lease was up for renewal last month, her landlord, Mr. Smith, refused to return her security deposit and said he would raise the rent by 20% unless she agreed to pay yet another security deposit. María contacted her legal aid lawyer immediately. Her lawyer showed her a case where even a portion of the security deposit had been returned to a tenant who was able to demonstrate that the unit had not been damaged. The lawyer sent a letter on María’s behalf, referencing the case law. Mr. Smith backed off and the rent increase disappeared along with the second security deposit.
Scenario 2: Landlord Entering the Unit
Yearly lease renewal is certainly an issue where legal aid can help. María got a small taste of the benefits of a lawyer in the last scenario, but she definitely needed a lawyer when her landlord tried to enter her unit. Turns out, she had missed a minor repair. When her landlord phoned, it was clear she was out of the loop. Not only had her landlord entered the unit, but he also made the repair without giving her any advance notice. When he called to inform her, María asked him about the rent increase. Their heated exchange led to María changing the locks. That’s when the real fight began. If there is one thing that can get a good tenant evicted more than any other, it is changing the locks on your apartment without the landlord’s permission. To make matters worse, Maria faced an eviction hearing despite never getting an official notice of the termination change. Her legal aid lawyer had ground to stand on. Tenants are entitled to know the reason behind any changes in tenancy. In this case, it took bringing forward another similar case to show the value of the notice. While it wasn’t a complete win, María got to keep her apartment.
Scenario 3: Mold in the Walls
Gary had to make a complaint about mold in his apartment complex, and as you can imagine, things did not end well. After he filed the complaint regarding the mold, his landlord retaliated. He jacked up the rent, tried to evict Gary and shut off the heat. Gary called his lawyer, who immediately filed a complaint with the Human Rights Tribunal of Ontario (HRTO). Here they discovered that Ontario’s Residential Tenancy Act protects tenants from retaliation since it would prevent them from exercising their rights without fear of losing their home. As result, Gary won his case at the HRTO and was awarded compensation for his trouble. This may seem like a runaway case for a tenant. However, it is easy to be intimidated into believing there is nothing you are able to do about your situation.
Advice for Dealing with Tenant-Landlord Conflicts
Disputes between landlords and their tenants are always a matter of concern. There are a few things you should keep in mind when dealing with your landlord, or disputing any issue with them. Hopefully, this will help to avoid further issues; however, when you do have a conflict with your landlord, an experienced attorney can help mediate the issue to resolve it.
- Keep All Correspondence – When taking on (or being taken on) a legal issue with your landlord, it is important that you have all correspondence with your landlord which can be used as evidence throughout the dispute. Make sure you save physical paper copies as well as digital copies of all communication.
- Know The Laws – In California, there are certain set of laws that every landlord must follow. Knowing these laws can help you with any negotiation or compromise with your landlord , as well as keep you on the law’s side. Having an experienced attorney handle your case can also make sure that your landlord is following the laws and acting accordingly.
- Get An Attorney – If you are facing a legal issue with your landlord, it is important that you seek out an experienced attorney to represent you and offer guidance when needed. Having an attorney by your side can make a huge difference in the outcome of your situation.
- Don’t Be Afraid Of Your Landlord – One of the biggest tenants’ fears is facing his or her landlord – however, it is important that you know your rights as a tenant to stand your ground. If you have an attorney, they will be able to inform you of your rights under the law.
When dealing with any issues with your landlord, it is important to have an experienced attorney on your side who can guide you through the process and provide evidence to support your claims against your landlord.