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Rights & Responsibilities for Landlords & Tenants

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This website can provide us with the rights and responsibilities for both parties, landlords and tenants.

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The Residential Tenancies Act (RTA) is an Ontario law that gives landlords and tenants specific rights and responsibilities. It provides rules for increasing the rent, evicting a tenant, maintenance, etc. Under the RTA, the Landlord Tenant Board (LTB) was created to solve disputes between tenants and their landlords.

The RTA covers people living in rental housing. It does not apply to people living in:

emergency shelters

hospitals or nursing homes (long-term care facilities)

prison

student residents or dormitories

temporary or seasonal use units

units that share a kitchen or bathroom with their landlord or a member of their immediate family

people not on a lease

A landlord has the right to choose a tenant using income information, credit checks, credit references, rental history, guarantees. A landlord can ask:

what your income is

if you work, and where you work

how many people will be living with you

the names of people who will be living with you

if you have pets

if you smoke

permission to do a credit check (requiring: full name, date of birth, current address)

references from past landlords

in some cases, if you have a guarantor or co-signer

Landlords can decline a prospective tenant based on the answers to the above questions. For example: poor rental history (including rental arrears), having pets, or if your landlord is not confident your income is sufficient to cover the rent.

A landlord is not allowed to ask:

if you are pregnant or have children

if you plan to have children, or if you plan to have more children

if you are married, single, or divorced

your religion or ethnic background

your sexual orientation

if you get welfare or other public assistance

if you have a disability

your age (even if you are 16 or 17 as long as you are living away from your parents)

if you are a Canadian citizen

A landlord must not discriminate against potential tenants.

Leases and tenancy agreements are contracts between a property owner and a tenant. They usually indicate:

the length of a tenancy (e.g., 12 months)

the amount of rent

services that will be included in the rent (e.g., parking, cable, heat, electricity, air conditioning)

Landlords

Most landlords must use the standard lease template.

The lease must contain the legal name and address of the landlord.

The landlord must provide a copy of a signed tenancy agreement to the tenant within 21 days of the tenancy beginning.

Tenants

Read your lease carefully before you sign it and ask for help if you do not understand it (you can call the Tenant Hotline at 416-921-9494).

Tenants do not have to renew the lease when it expires, you automatically become a month-to-month tenant. All the terms of your original lease continue even if you do not sign a new lease.

If you want to move out, you must give the property owner 60 days (two full months) written notice before the end of your tenancy if on a fixed term lease. 28 days if on a weekly or daily tenancy. You may owe your landlord more rent if you do not give notice in proper time.

Landlords

Landlords are entitled to collect rent, in full, on the day that it is due.

The landlord must provide tenants with a receipt for rent paid upon request.

The landlord or tenancy agreement cannot require post‐dated cheques or require automatic debit.

Tenants

Tenants are responsible for paying rent in full on the day that it is due.

Upon signing a new lease or tenancy agreement, the landlord may collect a rent deposit. The maximum amount of this deposit is the same as the rent for one rental period (e.g., one month or one week). This deposit will be used as the tenant's final rent payment for the last month or week living in the rental unit.

A landlord may also ask for a key deposit, but it cannot be more than the cost of replacing the key.

It is illegal for a property owner to charge a damage deposit or other additional charges.

Guideline Increases

The landlord is allowed to raise the rent by a guideline amount once per year. This can happen 12 months after:

a tenant first moves in, or

the last rent increase

The annual rent increase guideline amount is set by the Ontario government every year (e.g., between January 1 and December 31, 2020, rent increases up to 2.2 per cent may be applied).

The landlord must provide the tenant with written notice of a rent increase at least 90 days before it takes effect.

This guideline does not apply to new buildings, additions to existing buildings and most new basement apartments that are occupied for the first time for residential purposes after November 15, 2018.

Above Guideline Increases (AGI)

If the landlord wants to increase your rent above the guideline amount, they must first apply to the Landlord and Tenant Board and notify you 90 days before the increase. A landlord may apply for an AGI if:

there has been an extraordinary increase in municipal taxes or costs associated with the residential complex,

the landlord has eligible capital expenses related to significant renovations or repairs, or

the landlord has additional operating costs related to security of the residential complex.

Tenants

If you have any questions or concerns after receiving a notice for an Above Guideline Increase, please call the Tenant Hotline at 416-921-9494 (the Federation of Metro Tenants' Associations also works with tenants facing Above Guideline Increases).

A landlord must provide 24 hours written notice to enter a unit and can only enter an occupied rental unit:

if something needs to be fixed

to do a maintenance inspection

if you have given notice to move out, and the property owner is showing your apartment to new tenants

Landlords

Landlords are required to give 24 hours written notice to enter the rental unit. A landlord can only enter a unit without written notice if it is an emergency situation (e.g., a fire or flood) or if the tenant agrees to it.

The written notice has to detail the reason for the entry, the day of entry and the time of entry, which must fall between 8 a.m. and 8 p.m. (a tenant does not have to be home for the landlord to enter).

The landlord must have a reasonable reason to do a maintenance inspection - unreasonable entries may interfere with reasonable enjoyment and/or be considered harassment.

If the landlord and tenant have agreed to end the tenancy, the landlord may enter the unit to show prospective renters between 8 a.m. and 8 p.m. and must make a reasonable effort to inform or notify the tenant before entry.

A landlord can only enter a unit without written notice if it is an emergency situation (like a fire or flood) or if the tenant agrees to it.

Landlords

The landlord must keep the building and the rental units in a good state of repair complying with all health, safety, housing and maintenance standards. Landlords are responsible for repairs even if the tenant knew about problems before agreeing to rent the home.

The landlord is responsible for fixing anything that breaks or does not work properly (e.g., a broken refrigerator, a clogged drain or leaking pipes).

The landlord is responsible for getting rid of pests (e.g., cockroaches and mice). Tenants should work cooperatively with landlords and abide by any treatment plans to achieve pest removal.

Tenants

Tenants are responsible for fixing any damage that they or their guests cause.

If you are facing maintenance issues that your landlord has not dealt with, do not withhold rent. If you withhold your rent to get repairs done, the property owner may apply to evict you.

If the property owner has filed an eviction application against you, you may bring up any repair and maintenance issues at the hearing.

Learn more about rental housing standards and enforcement.

Landlords

The landlord is responsible for cleaning and maintaining the common or shared areas of the building, such as hallways and yards. The landlord is also responsible for removing snow from driveways, walkways, etc.

Landlords

The landlord must provide heat between September 15th and May 31st so that the temperature in the rental units is at least 21˚Celsius according to City of Toronto bylaws.

If the building has air conditioning, the landlord is required to turn it on between June 2nd and September 14th to maintain a maximum temperature of not more than 26°C.

Tenants

If you are experiencing indoor temperature issues in your apartment, learn more about rental housing standards and enforcement.

Landlords

The landlord must provide access to hot and cold water, electricity, heat and fuel (e.g. natural gas). The landlord cannot shut-off these services, even if the tenant has not paid rent.

Vital services may be temporarily shut off for the minimum period necessary in order to make repairs. Landlords must notify tenants of the interruption of vital services.

The landlord and tenant can agree in the lease that the tenant will pay for these services as a standard fee each month (i.e. utilities are included in the rent) or based on what the tenant uses.

Learn more about rental housing standards and enforcement.

Landlords

Landlords have the right to refuse tenants if they suspect they will move in with pets. However, once a landlord accepts a tenant, in spite of any verbal agreements or contract stipulations, landlords cannot evict tenants for pet ownership under most circumstances.

Tenants

A tenant cannot be legally evicted because they have a pet in violation of a "no pets" clause in the rental agreement.

A landlord may have a valid reason to apply to evict a tenant for having a pet if the pet:

damages the property

disturbs the reasonable enjoyment of other tenants or infringes on the rights of other tenants

is dangerous or an illegal breed (e.g. Pit Bull)

contravenes municipal law (e.g. too many pets)

if you don't clean up after your pet

Landlords

A landlord must adhere to the Human Rights Code and cannot select or refuse tenants based on:

For example, a landlord cannot refuse to rent to you because you are a newcomer to Canada or because you have children.

Tenants

If you are experiencing discrimination, find legal help.

There is a legal process under the Residential Tenancies Act which a landlord must follow in order to evict a tenant. There are many points in this process at which a tenant can try to fix the situation and/or pay arrears and have the eviction stopped.

Landlords

A landlord cannot change the locks or cut off vital services to evict a tenant. This can only be done by the Court Enforcement Office (the Sheriff) on the basis of an order from the Landlord and Tenant Board (LTB).

Tenants

You do not have to move out upon receiving a notice of eviction (any LTB form that begins with an "N" or an informal letter notifying you of eviction). This is just a notice. If you do not want to move out, your landlord must then file an application to evict with the LTB. It will be determined at your LTB hearing whether or not the eviction will proceed.

Visit Understand & Fight Evictions to learn more about the eviction process and your options.

If your landlord changes your locks, cuts off any vital services or is harassing you by telling you to leave your apartment, contact the Rental Housing Enforcement Unit (Toll Free: 1-888-772-9277 or 416-585-7214) to address this issue. Find Legal Help right away. You may be eligible for free legal services or, if you are not eligible, learn about your options.

You may also file a T2 form: Application about Tenant Rights with the LTB.

Landlords

Every rental apartment building with three or more storeys and 10 or more units must register with RentSafeTO: Apartment Building Standards. Once registered, owners are required to renew their registration every year by July 31.
Learn how to register or renew.

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Rights & Responsibilities for Landlords & Tenants

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The Residential Tenancies Act (RTA) is an Ontario law that gives landlords and tenants specific rights and responsibilities. It provides rules for increasing the rent, evicting a tenant, maintenance, etc. Under the RTA, the Landlord Tenant Board (LTB) was created to solve disputes between tenants and their landlords.

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Landlord and Tenant Board | Tribunals Ontario

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This is a website that tenants and landlords can use to resolve a dispute or eviction applications filed by non-profit housing co-operatives.

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November 15, 2023

The LTB does not accept Interac Online payments for applications. Find out about alternative payment options.
November 14, 2023
Tribunals Ontario has launched two new instructional video guides to support parties attending a virtual hearing at the LTB. Please see our operational update for more details.

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Landlord and Tenant Board | Tribunals Ontario

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Ontario's LTB resolves disputes between landlords and tenants and gives them information about their rights and responsibilities

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More Golden Equity tenants step up to fight landlord "harassment"

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This video shows the illegal behaviour of a landlord that is trying to evict their tenants.

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More Golden Equity tenants step up to fight landlord "harassment"

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This picture represents an agreement between a landlord and a tenant.

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LTB | The Landlord's Right of Entry into a Rental Unit

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This is the official document from the Tribunals of Ontario, which states and discusses the right of a landlord to enter the property.
As a tenant, it is important to understand when this can take place and when it is illegal.

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The Landlord's Right of Entry into a Rental Unit
Interpretation Guideline 19

Interpretation Guidelines are intended to assist the parties in understanding the Board's usual interpretation of the law, to provide guidance to Members and promote consistency in decision-making. However, a Member is not required to follow a Guideline and may make a different decision depending on the facts of the case.

A tenant has the right to possession and reasonable enjoyment of the rental unit. A landlord has the right to enter the rental unit in certain circumstances when the landlord follows the procedures set out in the Residential Tenancies Act, 2006 (the "RTA").

Legislation

Sections 26 and 27 of the RTA describe the situations in which a landlord may enter the rental unit.

Entry without notice

Section 26 provides that a landlord may enter the rental unit without notice:

in cases of emergency;

If the tenant consents to the landlord entering the unit at the time the landlord enters;

where the tenancy agreement requires the landlord to clean the rental unit at regular intervals, the landlord may enter at the times specified in the agreement, or, if no times are specified, between 8:00 a.m. and 8:00 p.m.; and

if the landlord and the tenant have agreed the tenancy will be terminated or one of them has given notice of termination to the other, the landlord may enter the unit to show it to prospective tenants between 8 a.m. and 8 p.m. and, before entering, the landlord informs or makes a reasonable effort to inform the tenant of the landlord's intention to enter. A landlord must make reasonable efforts, depending upon the facts and circumstances of each case, to give the tenant advance notice in order to permit the tenant to be prepared for entry into the unit by the landlord to show the unit to prospective tenants.

A landlord may not enter the rental unit without notice to perform repairs even where the tenant has requested the repairs unless the landlord obtains the tenant's consent to enter the unit at the time the landlord goes to the unit to make the repairs.

Entry with notice

Section 27 provides that a landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry in the following circumstances:

to carry out a repair or replacement or to do work in the unit;

to allow a potential mortgagee or insurer of the residential complex to view the rental unit;

to allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998;

to carry out an inspection of the rental unit, if,

1. the inspection is for the purpose of determining whether or not or not the rental unit is in a good state of repair and fit for habitation and complies with health, safety, housing and maintenance standards, consistent with the landlord's obligations under subsection 20(1) or section 161 of the RTA; and

2. it is reasonable to carry out the inspection.

for any other reasonable reason for entry set out in the tenancy agreement.

In addition, s. 27(2) of the RTA provides that the landlord, or, with the landlord's written authorization, a broker or salesperson registered under the Real Estate and Business Brokers Act, 2002, may enter a rental unit provided that they have given written notice to the tenant at least 24 hours before they enter to allow a potential purchaser to view the unit.

In any case where at least 24 hours written notice has been given to the tenant, the written notice must set out:

the reason for entry;

the date the landlord will enter; and

the time of entry between 8:00 a.m. and 8:00 p.m.

Reason for entry

The entry must be for one of the reasons set out in section 27, described above.

The notice should provide as many details as possible with respect to the proposed entry, including details with respect to the repair or replacement or with respect to an inspection of the rental unit. In considering whether or not the notice complies with the RTA, the Board may consider whether details about the entry have been provided to the tenant.

Who may enter

The RTA gives a landlord the right to enter. A landlord's agent, for example, a superintendent or a person hired by the landlord, may also enter the rental unit on behalf of a landlord.

Where someone other than the landlord or the superintendent has been hired to do work in the unit, the landlord or the superintendent should attend with the hired person to permit entry into the unit by the person.

Specifying the time of entry

Where a specific time of entry is known, it should be stated in the notice. Where it is not possible to state a specific time of entry, the notice may provide a reasonable window of time for entry.

What is a reasonable window of time will depend upon the facts and circumstances in each case. Where the landlord exercises control over the work being done and who is doing the work, the notice should be reasonably specific with respect to the time for entry. Where the landlord does not exercise control over the work being done or the person who is doing the work, the notice should set out a reasonable window of time for entry.

For example, where the work is being done by a cable or telephone company and the company specifies a reasonable window of time when it will be at the rental unit, a landlord may reasonably specify that same window. Where the same or similar work is being done in a number of units on the same day, a reasonable window of time may be specified.

In determining whether the specified window of time is reasonable, consideration should be given to the type and complexity of repair, replacement or work being undertaken, the location of the work and the extent to which the entry affects the tenant's ability to use the rental unit.

The Divisional Court in Wrona v. Toronto Community Housing Corporation found that while a landlord is not required to specify the exact hour and minute of a required entry into a rental unit, a written notice providing for a nine hour period for entry to permit the landlord to carry out an annual inspection of smoke detector equipment does not comply with the requirements that the notice specify a time of entry between 8:00 a.m. and 8:00 p.m.

Frequency of entry

In carrying out repairs, replacements and other work, the landlord should make reasonable efforts to limit the frequency of entries to those actually necessary to accomplish the work.

The landlord should also make reasonable efforts to limit the frequency of entries in other circumstances allowed under section 27 of the RTA such as carrying out inspections of the rental unit.

If the Board determines that the landlord has made unnecessary or unreasonable entries into the rental unit, the Board may find that the landlord has interfered with or harassed the tenant or that the landlord has substantially interfered with the tenant's reasonable enjoyment of the rental unit or the residential complex.

Methods of service of the notice

The written notice by the landlord for entry into the rental unit may be given to the tenant in one of the methods for giving notice set out in section 191 of the RTA or Rule 3 of the Board's Rules of Practice.

Tenants' rights and responsibilities

A tenant may remain in the rental unit while the landlord exercises their right of entry. However, the landlord's right of entry can be exercised if the tenant is not in the rental unit at the time of entry.

A tenant has the right to deny entry to the landlord if the landlord has not met the requirements under the RTA relating to entry. A tenant does not have the right to deny entry simply because the time of entry is not convenient to the tenant. The tenant must:

1. not interfere with the landlord's right of entry;

2. not interfere with the landlord and its agents; and

3. take whatever steps are necessary to provide access to rooms where the work is to occur, including safely restraining pets in the rental unit.

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LTB | The Landlord's Right of Entry into a Rental Unit

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Interpretation Guidelines are intended to assist the parties in understanding the Board's usual interpretation of the law, to provide guidance to Members and promote consistency in decision-making. However, a Member is not required to follow a Guideline and may make a different decision depending on the facts of the case.

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I have chosen this picture because it mentions all main terms that are used in the field of the residential law.

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This picture has all main attributes and symbols connected to the topic - residential law.
The keys are representing a property that a landlord is providing to a tenant. The gavel and this book are the symbols of justice and law that is regulating the relationships between two parties.

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Landlord Legal Rights - Landlord Tenant Board and Residential Tenancy Act

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This is a workshop provided by the Canadian Real Estate Channel with some helpful tips for landlords.

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Landlord Legal Rights - Landlord Tenant Board and Residential Tenancy Act

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Homeowner sleeps in basement, says delinquent tenants won't leave | Go Public

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I have picked this video because it demonstrates the violation of landlord’s right to get payments from his tenants.
The video depicts the problem with long waiting of judicial hearings to solve the problem, while the landlords don’t have any solution but to sleep in a basement or a car.

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Homeowner sleeps in basement, says delinquent tenants won't leave | Go Public