Landlord and Tenant Rights and Responsibilities

When renting a home, both you and your landlord have certain rights and responsibilities under the law. In Ontario, these rights and responsibilities are defined by the Tenant Protection Act, which governs landlord and tenant relations.

It is important to note that while the Tenant Protection Act applies to landlords and tenants of most residential rental units, including high rise rental units, single family homes, basement units, rental condominiums, care homes, and mobile homes, it is only partially applicable to some residential situations, such as government owned and non-profit housing units, and is not applicable in the cases of apartments located in housing cooperatives or residency situations where you share a kitchen or bathroom with your landlord and for temporary accommodation, such as in hotels and motels.

When you rent a home, you will usually sign a lease, a written agreement that tells you about the rules for renting your unit, and it is advisable to do so. You do not need a written lease to rent a unit. If you do not sign a lease, then you are deemed to be renting on a month-to-month basis. If you do sign a lease, make sure you understand everything in the lease, because if you don't keep the terms of the lease your landlord has a right to evict you.

You cannot be denied the right to rent a unit based on your age, race, gender, religion, sexual orientation, marital or family status or because you are a recipient of social assistance.

Under the Tenant Protection Act, you have the right to certain things which your landlord is correspondingly responsible to provide. You have the right to a home that is in good repair and which meets all jurisdictional health and safety standards. If something needs to be repaired, it is advisable to inform your landlord with a written request and keep a copy.

You have a right to privacy. The place you rent is your home and your landlord must give 24 hours notice and just cause to enter it for any other reason than any that may be specified in your lease. Of course, in the event of an emergency, such as a flood or fire, no notice is required. If you are moving out, your landlord has the right to show your unit to prospective tenants between 8am and 8pm, but must make reasonable efforts to contact you before entering.

You have the right to a reasonably quiet living environment, free from harassment and discrimination from your landlord or other tenants. You have the right to have your family stay with you.

You also have specific responsibilities under the Tenant Protection Act. You are responsible for honouring the various terms and conditions of your lease as well as all applicable municipal by-laws.

You are obliged to pay your rent in full on the day it is due, generally the first of the month. You can pay the rent in cash or by personal cheque. If you pay in cash, make sure you get a written receipt. Many people give landlords postdated cheques for the term of the lease, but it is illegal for a landlord to demand postdated cheques or require them as a condition of tenancy. If you share the unit with another person, you are responsible for paying the entire rent if the person moves out before the end of the lease.

You may also need to pay a deposit or last months rent when renting a unit, but keep in mind that your landlord must pay you 6% interest every year on the deposit or last months rent.

Sometimes utilities (heating, electricity, gas, water, cable TV) are included in your rent. Otherwise, you should contact the appropriate utility company and ask for a moving-in notice. The service will then be activated, and the bill will be mailed to you. If you do not pay the bill on or before the due date, you will be charged interest. If you miss several payments, service may be stopped. Utilities can be paid by personal cheque or through an automatic billing option. If you choose automatic billing, you authorize the company to deduct the amount of the bill directly from your chequing account.

You are also responsible for keeping your home reasonably clean and in good condition. You are required to repair any damage done by you, your family, pets or any guests. You must also keep reasonably quite and not disturb other tenants.

To move out of your unit you must give your landlord proper written notice. You need to give 60 days notice if you rent month to month or if you are in a lease. You need to give 28 days notice if you rent week to week.

The Tenant Protection Act also governs rent and rent increases. There are new rules when a rental unit is being rented for the first time. The rules allow the landlord and tenant to decide what rent will be paid. The landlord and the new tenant negotiate the amount of the rent, and negotiate the services that are included in the rent, such as parking and hydro. Once the new tenant is in the rental unit, they are protected by rent control. The rent can be increased only if 12 months have passed since the last increase or since the tenant moved in. The tenant must receive at least 90 days written notice in the proper form.

In the event that you have a dispute with your landlord that you are unable to resolve on your own, the Ontario Rental Housing Tribunal, an independent body that resolves disputes between landlords and tenants about rights and responsibilities under the Tenant Protection Act (TPA), including rent increases, evictions and privacy issues. It provides a dispute resolution system that is less formal and more accessible than found in provincial courts.

In some buildings, tenants set up formal tenants' associations. These associations hold regular meetings to discuss problems with the building and ways to improve the community. Landlords who do not respond well to the requests of individual tenants may pay more attention to demands from an organized group.

The Ontario Rental Housing Tribunal website provides information brochures about the Tenant Protection Act, it also answers to frequently asked questions about the Act, forms, applications and notices, and gives addresses and contact information for Tribunal offices across Ontario. You can contact the Tribunal directly by phone 24 hours a day at 1-888-332-3234.

The Tribunal also protects tenants from unjust eviction. The best way to ensure that you keep your home is by fulfilling all the terms stated in your lease and the above list of responsibilities. It is very important to pay your rent in full on the first day of the month or the day indicated in your lease.

A tenant can only be evicted by a landlord for reasons allowed by the TPA. These include: not paying rent or frequently paying it late, damaging property, being unpleasant or unsafe to your neighbours, overcrowding your unit, pursuing illegal activities in the unit or on the property, lying on a lease, the landlord or an immediate family member of the landlord wants to move in, your landlord decides to tear down or renovate the building, or your landlord decides to stop renting the unit.

Before being evicted you must be given a written Notice of Termination from your landlord. In this written notice you must be told why you are being evicted. If you are given a written notice, it is in your best interest to get legal advice immediately. In many cases, you can fix the problems stated in the notice (ie. pay the rent that is due) or you can move out voluntarily in the time period given. If you choose to file a dispute of the application against the eviction, you must do so with Ontario Rental Housing Tribunal within five days.

It is against the law for a landlord to lock you out of your rental unit. If this happens, call the police. Remember that you can only be evicted by a sheriff.

Available downloads (pdf format):

Tenant Protection Act

Ontario Rental Housing Tribunal summary of the Tenant Protection Act