While landlords are responsible for providing a safe and habitable place for their tenants to live, renters also have their own responsibilities to take care of. If you’re planning to get your own place for the first time or are moving from a different province or country, you’ll want to get familiar with the rental laws in Ontario first.
Let’s go over the rules surrounding rentals in Ontario.
Landlords and tenants each have their own set of obligations in a lease arrangement.
Landlord responsibilities include the following:
Tenant responsibilities include the following:
The landlord is responsible for making certain repairs to a rental property to ensure it is habitable and safe. These include the following:
As mentioned earlier, tenants must inform their landforms of an issue right away if something needs to be repaired. The landlord must make the necessary repairs in a reasonable amount of time.
If the landlord does not fix the problem within an acceptable time frame after being notified of the issue, the tenant can do the following:
The municipality can inspect the property for any violations and issue a notice of violation or work order that requires the landlord to take care of the necessary repairs by a certain date. Failure to comply with these orders could result in the government taking the landlord to court or having the work done at the landlord’s expense.
The tenant will need to show evidence that the landlord is not maintaining the property, such as photos of the problem, copies of written communication with the landlord, and copies of work orders from the city.
If you are responsible for damaging your home, you will be obligated to make the repairs or pay to have the repairs done. It doesn’t matter if the damage was done on purpose or by accident — you will still be held liable. That said, tenants aren’t responsible for any damage caused by normal wear and tear.
It should be noted that a landlord is not permitted to collect a damage deposit to cover the cost of any damage done to the unit. A landlord also can’t use the last month’s rent deposit to pay for repairs.
That said, the landlord can issue a notice of termination or ask the tenant to pay for the damages if it is discovered that the tenant damaged the unit. If the tenant does not pay, the landlord can apply to the Landlord and Tenant Board to decide what should be done.
Landlords cannot prevent tenants from having a pet, even if the lease includes a “no pets” clause. Section 14 of the Residential Tenancies Act specifically states that tenants are allowed to have pets, no matter what the lease may say. That means that any clauses in a lease agreement that forbid pets are not enforceable.
No, a landlord cannot restrict overnight guests in a rented unit, as long as the law does not currently allow landlords to prevent tenants from having guests. However, issues can arise when it comes to tenant insurance policies if tenants do not disclose long-term guests to landlords. In this case, the landlord might assume that another person is living in the unit, in which case that person’s name might need to be added to the lease.
It should be noted, however, that subsidized government housing rentals are an exception. Landlords who oversee these types of properties can limit how long tenants can have guests.
A Residential Tenancy Agreement (RTA) is used as a contract between a landlord and a tenant. The contract is designed to make sure that each party is protected and is treated fairly. Several things should be included in a rental lease, including any of the following:
A landlord is allowed to collect a rent deposit as long as it is requested on or before the day that the tenancy agreement takes effect. The rent deposit cannot be any more than 1 month’s rent or the rent for 1 rental period, whichever of the two is lower.
The rent deposit must only be used to cover last month’s rent before the end of the tenancy and can’t be used for anything else, including covering for damages. As such, “security deposits” to pay for damage done to the property are technically not allowed. Only rent deposits for last month’s rent are permitted.
Landlords can only increase the rental price once every 12 months and must provide the tenant with written notice of the increase at least 90 days in advance.
Learn more about rent control laws across Canada.
Tenants who want to end their lease early and move out before the end of the term as stipulated in the rental agreement must provide the landlord a written notice or come up with an arrangement with the landlord to terminate the tenancy.
The tenant must use the Tenant’s Notice to Terminate the Tenancy (Form N9) available on the LTB website or from an LTB office. For the most part, the written notice must be provided at least 60 days prior to the last day of the rental period.
If you move out without giving your landlord adequate notice, you may be required to pay the rent until the date the unit is rented to someone else or the earliest lease end date that could have been provided in a notice, whichever of the two is earlier.
It should be noted that tenants are bound to their lease agreement, including the term of the lease. That means they are legally obligated to continue making rent payments up until the end of the lease term unless an alternative agreement can be arranged with the landlord. However, there may be some circumstances in which the lease may end early, such as the following:
You may also end your lease early by subletting, in which case you want to move out of your unit for a certain amount of time but plan to move back prior to the term of your lease ending. You would then have another person move into the unit, known as the ‘subtenant’, who pays the rent to you (the original tenant), who then pays the rent to your landlord. You’ll need to get your landlord’s approval before taking this route.
Landlords may have reason to evict a tenant from a rental unit, but can only do so legally within certain parameters. Landlords can’t arbitrarily kick a person out of a rental unit as they see fit. Instead, there’s a certain protocol that must be followed.
In most cases, landlords must provide the tenant with written notice of the termination that explains in detail why the tenant is being evicted. In some cases, the landlord must give the tenant some time to rectify the situation.
If the tenant doesn’t rectify the issue or doesn’t vacate the premises, the landlord can then apply to the Landlord and Tenant Board. A hearing will likely be scheduled. at which time the member will listen to the arguments from both the landlord and the tenant and then come to a decision.
If the tenant is ordered to be evicted, the tenant will be informed of when they must vacate the property. If the tenant fails to move out, the landlord can file an order with the Court Enforcement Office, who has the power to evict a tenant.
The following are some reasons that a landlord can evict a tenant:
Tenants have specific responsibilities when it comes to renting a property in Ontario. If you plan to rent a place, it’s important that you carefully review all the terms of your lease agreement before signing. And after you move in, be sure to follow them to avoid any issue with your landlord.
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Lisa has been working as a personal finance writer for more than a decade, creating unique content that helps to educate Canadian consumers in the realms of real estate, mortgages, investing and financial health. For years, she held her real estate license in Toronto, Ontario before giving it up to pursue writing within this realm and related niches. Lisa is very serious about smart money management and helping others do the same.
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