Rights and Responsibilities
For Tenants and Landlords
This is basic information for landlords and tenants. It is not intended as legal advice, and it is not an official interpretation of the Residential Tenancies Act. Please refer to the Act for the specific rules. The Landlord and Tenant Board also provides information about landlords' and tenants' rights and responsibilities under the Act. For further information or questions related to your rights or responsibilities as a tenant or landlord please contact the Landlord and Tenant Board below.
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Change of Landlord
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A new landlord has the same rights and duties as the previous landlord. A new landlord must follow all the terms of this
agreement unless the tenant and new landlord agree to other terms. A new landlord should provide the tenant with their legal
name and address.
Renewing a Tenancy Agreement
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If the landlord and tenant agree that the tenancy will last for a specific period of time, this is called a fixed term tenancy. This is
because both the start and end date are set out in the tenancy agreement. The end of an agreement does not mean the tenant has to move out or sign a renewal or new agreement in order to stay. The rules of the agreement will still apply and the tenant still has the right to stay:
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• as a monthly tenant, if the agreement was for a fixed term or monthly tenancy,
• as a weekly tenant, if the agreement was for a weekly tenancy, or
• as a daily tenant, if the agreement was for a daily tenancy.
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The landlord and tenant can also agree to renew the agreement for another fixed term or enter into a new agreement. In any case, changes to the rent must follow the rules.
Ending the Tenancy
The landlord or tenant must follow the rules of the Act when ending a tenancy.
When the tenant can end the tenancy
The tenant may end a tenancy by giving the landlord proper notice using the appropriate Landlord and Tenant Board form. They must give:
• at least 60 days’ notice if they have a monthly or fixed term tenancy, or
• at least 28 days’ notice if they have a daily or weekly tenancy.
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For a fixed term tenancy, the notice cannot be effective before the last day of the fixed term. For a monthly or weekly tenancy, the notice must be effective on the last day of a rental period (e.g. month or week).
In certain situations, a tenant who has experienced sexual or domestic violence can give 28 days’ notice to end the tenancy at any time, even if the tenant has a fixed term agreement (e.g., one year agreement). They must use the notice form approved by the Landlord and Tenant Board.
When the landlord can end the tenancy
In most cases, the landlord must give proper notice to end the tenancy using the right form. The landlord can only give the tenant notice to end the tenancy in certain situations. A few examples include:
• tenant does not pay the full rent when it is due,
• tenant causes damage to the rental unit or building, and
• tenant substantially interferes with the reasonable enjoyment of other tenants or the landlord.
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If the tenant does not move out, the landlord must apply to the Landlord and Tenant Board in order to evict the tenant. The Landlord and Tenant Board will hold a hearing and decide if the tenancy should end. Both the landlord and the tenant can come to the hearing and explain their side to the Landlord and Tenant Board. If the Landlord and Tenant Board orders an eviction, the eviction order can only be enforced by the Sheriff (Court Enforcement Officer). It is an offence for the landlord to evict a tenant without following this process. If convicted, the landlord could face a fine of up to $25,000 (for an individual) or $100,000 (for a corporation).
If the Landlord and Tenant agree to end the tenancy
The tenant and landlord can agree to end a tenancy at any time. There is more information on how to end a tenancy and reasons for eviction in the Act and in a brochure on the Landlord and Tenant Board website.
Giving Notices and Documents
The landlord and tenant have to deliver some official notices and other documents in writing. These notices and documents can be:
• hand delivered,
• left in a mail box or a place where mail is ordinarily delivered, or
• mailed
There are also other ways to serve notices and documents. For more information, contact the Landlord and Tenant Board.
Rent and Rent Receipts
Rent is the amount the tenant pays to the landlord to occupy the rental unit and receive services or facilities agreed to in this agreement. The tenant must pay their rent on time. If they do not, the landlord can give them notice to end the tenancy. If the tenant asks for a receipt for rent or any payment or deposit, the landlord must give them one for free. This also applies to a
former tenant who asks for a receipt within 12 months after the end of their tenancy.
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Deposits
The landlord can only collect a deposit for the last month’s rent and a refundable key deposit. The tenant does not have to provide any other form of deposit, such as pet or damage deposits.
Rent deposit: The landlord can require a rent deposit on or before the tenant enters into the tenancy agreement. The landlord must apply this money to the rent for the last period of the tenancy. The rent deposit must not be more than one month’s rent or the rent for one rental period (e.g., one week in a weekly tenancy), whichever is less. If the rent increases after the tenant has paid a rent deposit, the landlord can require the tenant to top-up the rent deposit so that it is the same as the new rent.
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Key deposit: If the landlord collects a deposit for key(s), remote entry devices or cards, the landlord must return the deposit when the tenant gives back their key(s) at the end of the tenancy. The landlord can charge the tenant for additional keys that the tenant requests (for example, if the tenant wants an extra key or if the tenant has lost their key).
Rent Increases and Decreases
Most Ontario tenants are protected by rent controls that limit how much rent can increase year-over-year.
Guideline Rent Increases
Normally, the landlord can increase the rent only once every 12 months. The rent can be increased by no more than the rent increase guideline unless the Landlord and Tenant Board approves a rent increase above the guideline. The guideline for each year can be found on the Landlord and Tenant Board's website.
Rent deposit (i.e. last month’s rent): The landlord can require a rent deposit on or before the tenant enters into the tenancy agreement. The landlord must apply this money to the rent for the last period of the tenancy. The rent deposit must not be more than one month’s rent or the rent for one rental period (e.g., one week in a weekly tenancy), whichever is less. If the rent increases after the tenant has paid a rent deposit, the landlord can require the tenant to top-up the rent deposit so that it is the same as the new rent.
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Maintenance and Repairs
The landlord must keep the rental unit and property in good repair and comply with all health, safety and maintenance standards. This includes the maintenance and repair of things that came with the unit, such as appliances, and of common areas, such as parking lots, elevators, and hallways. The tenant must pay their rent, even if they have problems with the maintenance and repair of their unit or property. If the tenant is having a maintenance or repair problem, the tenant should let the landlord know.
The tenant is responsible for any damage to the rental property caused by the tenant, the tenant’s guest or another person who lives in the rental unit. This applies to any damage caused on purpose or by not being careful enough. The tenant is responsible for ordinary cleanliness of the rental unit, except for any cleaning the landlord agreed to do.
Vital Services
“Vital services” include hot or cold water, fuel, electricity, gas and heat. The landlord must ensure that a rental unit has heating equipment capable of maintaining a minimum temperature of 20° Celsius from September 1 to June 15. Some municipal by-laws may have stricter requirements. The landlord cannot withhold or shut off the reasonable supply of a vital service, care service or food that the landlord must supply under the tenancy agreement. If a vital service is cut-off because the landlord failed to pay their bill, the landlord is considered to have withheld that service. However, if a vital service is cut-off or disconnected because the tenant failed to pay their own utility bill, the tenant cannot claim that the landlord withheld a vital service.
Harassment (Part III and IV of the Act)
It is against the law for the landlord (or anyone acting for the landlord, such as a superintendent or property manager) to harass the tenant, or for the tenant to harass the landlord. If the landlord or the tenant is experiencing harassment they can apply to the Landlord and Tenant Board.
Discrimination
If the landlord (or anyone acting for the landlord) discriminates against the tenant based on prohibited grounds of discrimination under the Ontario Human Rights Code (the Code), they may be violating the tenant’s rights under the Code. The Landlord and Tenant Board may be able to consider discrimination if it relates to an application under the Residential Tenancies Act, 2006. In other situations, the tenant may have to take their case to the Human Rights Tribunal of Ontario.
Landlord’s Entry into Rental Unit
The tenant is entitled to reasonable enjoyment of the rental unit (e.g. quiet enjoyment, reasonable privacy, freedom from unreasonable disturbance and exclusive use of the rental unit). The landlord can enter the rental unit with 24 hours’ written notice only for the following reasons:
• make repairs,
• inspect the unit to see if repairs are needed, if the inspection is reasonable,
• show the rental unit to a possible buyer, insurer or mortgage lender,
• let a real estate agent show the unit to a possible buyer,
• have a property inspection done before converting the residential building into a condominium, or
• for any reasonable purpose listed in the tenancy agreement.
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The written notice must include the reason for the entry and state the date and time (between 8 a.m. and 8 p.m.) that the landlord will enter the unit. With proper notice, the landlord can enter the unit when the tenant is not at home. The landlord does not need to give a notice to enter:
• in case of emergency,
• if the tenant consents to entry,
• if the tenancy agreement requires the landlord to clean the unit, or
• if the tenancy is coming to an end and the landlord wants to show the unit to a potential new tenant – the landlord can only show the unit between 8:00 a.m. and 8:00 p.m. and must make a reasonable effort to let the tenant know when this will happen.
Locks
The landlord cannot change the locks of the rental unit unless the landlord gives the new keys to the tenant. The tenant cannot change the locks of the rental unit without the consent of the landlord.
Guests
The tenant is responsible for the behaviour of their guests.
Pets
A tenancy agreement cannot prohibit animals in the rental unit or in or around the residential building. There are some cases where the landlord can apply to the Landlord and Tenant Board to evict a tenant who has a pet. These are some common examples:
• the pet makes too much noise, damages the unit or causes other tenants to have allergic reactions,
• the breed or species is inherently dangerous, or
• the rules of the condominium corporation do not allow pets.
Smoking
Even if the lease doesn’t prohibit smoking, the landlord may apply to the Landlord and Tenant Board to end the tenancy if the smoking:
• substantially interferes with reasonable enjoyment of the landlord or other tenants,
• causes undue damage,
• impairs safety, or
• substantially interferes with another lawful right, privilege or interest of the landlord. If the tenant believes that other people smoking in their building affects their health or safety, contravenes maintenance standards, or substantially interferes with their reasonable enjoyment of the rental unit, they should discuss it with their landlord before contacting the Landlord and Tenant Board.
Smoke and Carbon Monoxide Alarms
The landlord must provide the rental unit with working smoke alarms and, where applicable, carbon monoxide alarms. The landlord is responsible for keeping smoke and carbon monoxide alarms in working condition, which includes replacing the batteries. The tenant must not disconnect or tamper with any smoke or carbon monoxide alarm and must notify the landlord
immediately of any alarms not working properly.
Resolving Disputes
The landlord and tenant are required to follow the law. If they have problems or disagreements, the landlord and tenant should first discuss the issue and attempt to resolve it themselves. If the landlord or tenant feels that the other is not obeying the law, they may contact the Landlord and Tenant Board for information about their rights and responsibilities, including whether they may apply to the Landlord and Tenant Board to resolve the dispute.
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Landlord and Tenant Board
Toll free: 1-888-332-3234
TTY: 1-800-268-9242
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