Basics of the Residential Tenancy Act (Landlord/Tenants)

This section is a brief overview of the Residential Tenancy Act currently governing landlord and tenant relations in Ontario. The goal here is to develop an understanding of landlord and tenant rights and responsibilities as outlined by the Act as it relates to residential rental accommodations.

1. Responsibilities of the Landlord

1. 1. 1. A landlord is responsible for:

         1. Providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. Note: Applies even if the tenant is aware of the state of non-repair before entering into a contract.
            
            

      2. A landlord cannot:

         1. Harass, obstruct, coerce, threaten or interfere with a tenant

         2. Alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys

         3. Withhold and/or deliberately interfere with reasonable supply of any vital service, care service or food that is the landlord’s responsibility to provide — as per the tenancy agreement — at any time during a tenant’s occupancy of a rental unit and before the day on which an order evicting the tenant is executed.

         4. Substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household
            
            

      3. A landlord can enter the unit without written notice:

         1. In cases of emergency

         2. With the tenant’s verbal and/or written consent

         3. If agreement requires Landlord to clean rental unit at regular intervals*

            1. *Given that the Landlord enters the unit at the specified time. If no time is agreed on, Landlord must enter between 8am-8pm.

         4. To show the rental units to prospective tenants **

            1. ** If the Landlord makes an effort to inform the tenant prior to, the landlord enters between 8am-8pm and the Landlord and tenant have agreed that the tenancy would be terminated.
               
               

      4. A landlord can enter the tenant’s unit with written notice:

         1. With written notice given to the tenant at least 24 hours before the time of entry specifying the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m. under the following circumstances:

            1. To carry out a repair or replacement or do work in the rental unit.

            2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

            3. 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.

            4. To carry out an inspection of the rental unit, if:

               1. The inspection is for the purpose of determining whether 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;

               2. It is reasonable to carry out the inspection.

2. Responsibilities of the Tenant

a. A tenant is responsible for:

i. Ordinary cleanliness of the rental unit except in cases where the tenancy agreement requires the landlord to clean it.

ii. Repair of undue damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, another occupant of the rental unit, or a person permitted in the complex by the tenant.

b. A tenant cannot:

i. Alter the locking system on a door giving entrance to a rental unit or the residential complex or cause the system to be altered during the tenant’s occupancy without the Landlord’s consent. If the tenant does alter the system, the Landlord can apply to the board for an order determining that this happened without the Landlord’s consent. If the Board determines that a tenant has altered the locking system or caused it to be altered, the Board may order that the tenant provide the landlord with keys or pay the landlord the reasonable out-of-pocket expenses necessary to change the locking system.

ii. Harass, obstruct, coerce, threaten or interfere with a landlord.

3. Termination of Tenancy

3. 1. Notice of Termination

      1. Any notice of termination (either by the Tenant or Landlord) must be in a form approved by the board and must include the following:

         1. Identify the rental unit for which the notice is given;

         2. State the date on which the tenancy is to terminate; and

         3. Be signed by the person giving the notice, or the person’s agent

3. 2. Period of Notice:

      1. Daily or Weekly Tenancy

         1. At least 28 days before the date the termination is meant to be effective and that date must be the last day of a rental period.

      2. Monthly Tenancy

         1. At least 60 before the date the termination is meant to be effective and that date must be the last day of a rental period.

      3. Tenancy for Fixed Term

         1. At least 60 before the expiration date set in agreement.

      4. February Notices

         1. If termination is to be effective on the last day of February or last day of March in any year, the notice should be given at least 60 days prior to the stated termination date if the notice was given no later than January 1 (for February termination) and February 1 (for March termination).
            
            

   3. Void Notice of Termination

      1. A notice and/or agreement to terminate the tenancy is void if:

         1. If it is given at the time the tenancy agreement is entered into; or

         2. As a condition of entering into the tenancy agreement.

3. 4. Exemptions From the RTA

      1. The RTA does not apply to to rental units occupied by students of one or more post-secondary educational institutions;

         1. In a residential complex owned, operated or administered by or on behalf of the post-secondary educational institutions; or

         2. In a residential complex where a non-profit housing co-operative provides housing units primarily for post-secondary students.

3. 5. Specifications

      1. Unless a landlord and tenant agree otherwise, the landlord does not waive a notice of termination, reinstate a tenancy or create a new tenancy:

         1. By giving the tenant a notice of rent increase; or

         2. By accepting arrears of rent or compensation for the use or occupation of a rental unit after, the notice and/or agreement to terminate tenancy has been made, and/or the board has made an eviction order.
            
            

4.Notice of Termination by Tenant

4. 1. End of Agreed Period:

      1. A tenant may give notice of termination at the end of a period (week, month) or at the end of a term of a tenancy (for a fixed term) by giving a notice and complying with the period of notice.
         
         

   2. Before Agreed Period:

      1. A tenant may give notice of termination before the agreed period if

         1. The tenant has made a demand for a proposed tenancy agreement in respect of the tenancy; and

         2. Either one of the following applies,

            1. At least 21 days have elapsed since the day the tenant made the demand and the landlord has not complied with the demand, or

            2. The landlord has complied with the demand and the tenant has not entered into the proposed tenancy agreement provided to the tenant by the landlord.
               
               

      2. Limitations

         1. Tenants may give notice no later than 30 days after the day the landlord has provided the proposed tenancy agreement.

4. 2. 3. Period of Notice

1. 1. 1. 1. Must be given at least 60 days before the date the termination is specified to be effective and that date must be on the last day of a rental period of the tenancy.

1. 2. Before Agreed Period in Instances Where a Child or Tenant has Experienced Violence or Abuse:

      1. A tenant may terminate a monthly or yearly tenancy or a tenancy for a fixed term by giving notice of termination to the landlord in accordance with this section if:

         1. The tenant and/or a child residing with the tenant is deemed under the subsection where the tenant or child is deemed to have experienced violence or another form of abuse.
            
            

      2. Period of Notice:

         1. This notice must be given at least 28 days before the date the termination is specified to be effective and that date must be on the last day of a rental period of the tenancy.
            
            

   3. Before Agreed Period in Instances Where a Joint Tenant and/or Child has Experienced Violence or Abuse:

      1. A joint tenant may terminate his or her interest in a monthly or yearly tenancy or in a tenancy for a fixed term by giving notice of termination to the landlord in accordance with this section if:

         1. the tenant and/or a child residing with the tenant is deemed under subsection 47.3 (1)to have experienced violence or another form of abuse
            
            

      2. A joint tenant who meets the requirement may:

         1. Give a notice of termination of the tenancy under this subsection, provided the notice is given jointly with all the other joint tenants; or
            
            

      3. Period of Notice:

         1. A notice must be given at least 28 days before the date the termination is specified to be effective and the notice must:

            1. be in a form approved by the Board;

            2. identify the rental unit for which the notice is given;

            3. state the date on which the interest in the tenancy is to terminate;

            4. be signed by the tenant or tenants giving the notice, or their agent; and

            5. Be accompanied by a copy of an order issued no more than 90 days before the notice stating that a tenant of a rental unit or a child residing with the tenant is deemed to have experienced violence or another form of abuse .
               Or

            6. be accompanied by a statement where:

               1. The tenant alleges that any of the following acts or omissions has been committed by a person mentioned in subsection (4) against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection (5):

                  1. an intentional or reckless act or omission that caused bodily harm to the tenant or the child or damage to property;

                  2. an act or omission or threatened act or omission that caused the tenant or the child to fear for his or her own safety or the child’s safety;

                  3. forced confinement of the tenant or the child, without lawful authority, or

                  4. a series of acts which collectively caused the tenant or the child to fear for his or her own safety or the child’s safety, including following, contacting, communicating with, observing or recording the tenant or the child;

               2. The tenant alleges that sexual violence has been committed against the tenant or the child and the allegation is made in a statement that complies with the requirements in subsection where a notice may be void; or

               3. The tenant alleges that an act or omission prescribed for the purposes of this clause has been committed against the tenant or the child and the allegation is made in a statement that complies with the requirements in a subsection where a notice may be void.
                  
                  

      4. Void Notice of Termination

         1. A notice given becomes void with respect to a tenant who gave the notice, if the tenant does not vacate the rental unit on or before the termination date set out in the notice
            
            

      5. Limitations:

         1. A landlord cannot enter the unit to show it to prospective buyers unless the tenants have evacuated the unit.

         2. For greater certainty, a notice under the subsection on terminating a Joint Tenancy is not a notice of termination of the tenancy for the purposes of this Act

         3. Any rent deposit paid to the landlord or a former landlord in respect of the tenancy shall insure to the benefit of the tenant or tenants who did not give the notice under the subsection on terminating a Joint Tenancy and any tenant in respect of whom the notice becomes void.

         4. A tenant who gave notice of termination due to violence and vacates the rental unit on or before the termination date set out in the notice ceases to be a tenant and a party to the tenancy agreement on the termination date, but this subsection does not affect any right or liability of the tenant arising from any breach of obligations that relates to the period before the termination.

         5. After a joint tenant has ceased to be a tenant and a party to the tenancy agreement in any tenant that remains may terminate a yearly tenancy or a tenancy for a fixed term by giving notice of termination to the landlord in accordance with the following:

            1. The notice shall be given at least 60 days before the date the termination is specified to be effective.

            2. If there is more than one tenant, notice shall be given jointly by all of them.

            3. The notice shall comply with the standard form accepted by the board.
               
               

5. Notice by Landlord

5. 1. If the notice is given by a landlord, the notice should include the reasons and details respecting the termination and inform the tenant that:

      1. If the tenant vacates the rental unit in accordance with the notice, the tenancy terminates on the date set out in the first clause, second subsection fo the general notice of termination;

      2. If the tenant does not vacate the rental unit, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant; and

      3. If the landlord applies for an order, the tenant is entitled to dispute the application
         
         

   2. A landlord may give a notice to terminate tenancy (at the end of period or term) if:

      1. The landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year by,

         1. The landlord;

         2. The landlord’s spouse;

         3. A child or parent of the landlord or the landlord’s spouse; or

         4. A person who provides or will provide care services to the landlord, the landlord’s spouse, or a child or parent of the landlord or the landlord’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located
            
            

      2. Limitations:

         1. Notice must be given at least 60 days before a period or term ends;

         2. A tenant who receives a note of termination may at any time, terminate the tenancy on an earlier day than the date specified by the Landlord. However, the termination date must be at least 10 days after the date the tenant gives the notice;

         3. A landlord must compensate a tenant in an equal amount to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the Landlord gives a notice of termination of tenancy for the reason stated above.
            
            

   3. A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to:

      1. Demolish it;

      2. Convert it to use for a purpose other than residential premises; or

      3. Do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit
         
         

      4. Limitations:

         1. Notice must be given at least 120 days before a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term.

         2. The notice must inform the tenant that if he or she wishes to exercise the right of first refusal to occupy the premises after the repairs or renovations, he or she must give the landlord notice of that fact before vacating the rental unit

         3. A tenant who receives a note of termination may at any time terminate the tenancy an earlier day than the date specified by the Landlord. However, the termination date must be at least 10 days after the date the tenant gives the notice.

         4. A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if the tenant receives this notice and if, the residential complex in which the rental unit is located contains at least five residential units; and in the case of a demolition, was not ordered to be carried out under the authority of any other

         5. A landlord shall compensate a tenant in an amount equal to one month's rent or offer the tenant another rental unit acceptable to the tenant if the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent and if the residential complex in which the rental unit is located contains fewer than five residential units
            
            

   4. A Landlord may give notice of termination if the landlord is an owner and he had has entered into an agreement of purchase and sale of the unit with a purchaser whom in good faith requires possession of the unit for the purpose of residential occupation by,

      1. The purchaser;

      2. The purchaser’s spouse;

      3. A child or parent of the purchaser or the purchaser’s spouse; or

      4. A person who provides or will provide care services to the purchaser, the purchaser’s spouse, or a child or parent of the purchaser or the purchaser’s spouse, if the person receiving the care services resides or will reside in the building, related group of buildings, mobile home park or land lease community in which the rental unit is located.
         
         

      5. Limitations:

         1. Notice must be given at least 60 days before a period or term ends.

         2. A tenant who receives a notice of termination may at any time, terminate the tenancy on an earlier day than the date specified by the Landlord. However, the termination date must be at least 10 days after the date the tenant gives the notice.

         3. A landlord must compensate a tenant in an equal amount to one month’s rent or offer the tenant another rental unit acceptable to the tenant if the Landlord gives a notice of termination of tenancy for the reason stated above;

         4. The landlord in good faith requires possession of the rental unit for the purpose of residential occupation for a period of at least one year
            
            

   5. A landlord may give a tenant notice of termination of their tenancy on any of the following grounds:

      1. The tenant has persistently failed to pay rent on the date it becomes due and payable.

      2. The tenant has ceased to meet the qualifications required for occupancy of the rental unit.

      3. The tenant was an employee of an employer who provided the tenant with the rental unit during the tenant’s employment and the employment was terminated.

      4. The tenancy arose by virtue of or collateral to an agreement of purchase and sale of a proposed unit within the meaning of the Condominium Act, 1998 in good faith and the agreement of purchase and sale has been terminated.
         
         

      5. Limitations:

         1. Notice must be given least 28 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period

6. Termination by Agreement

6. 1. A notice of termination need not be given if both the Landlord and Tenant have agreed to terminate the tenancy. There’s a process for doing so which is outlined below:
      
      

   2. Applying to the Board

      1. A tenant or former tenant of a rental unit may apply to the Board for any of the following reasons

         1. An order determining that the landlord has breached an obligation under subsection 20 (1) or section 161.

         2. An order determining that the landlord, superintendent or agent of the landlord has withheld the reasonable supply of any vital service, care service or food that it is the landlord’s obligation to supply under the tenancy agreement or deliberately interfered with the reasonable supply of any vital service, care service or food.

         3. An order determining that the landlord, superintendent or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of his or her household.

         4. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant’s occupancy of the rental unit.

         5. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant’s occupancy of the rental unit without giving the tenant replacement keys.

         6. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit.
            
            

      2. Limitations

         1. Time limitation — no application may be made more than one year after the day the alleged conduct giving rise to the application occurred;

6. 3. A notice of termination need not be given if the Board determines that a landlord has breached one of stated obligations the Board may do one or more of the following:

      1. Terminate the tenancy;

      2. Order an abatement of rent;

      3. Authorise a repair or replacement that has been or is to be made, or work that has been or is to be done, and order its cost to be paid by the landlord to the tenant.

      4. Order the landlord to do specified repairs or replacements or other work within a specified time.

      5. Order the landlord to pay a specified sum to the tenant for:

         1. The reasonable costs that the tenant has incurred or will incur in repairing or replacing property

         2. Other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord’s breach.
            
            

      6. Prohibit the landlord from charging a new tenant under a new tenancy agreement an amount of rent that is more than the last lawful rent charged to the former tenant of the rental unit

         1. Prohibit the landlord from giving a notice of a rent increase for the rental unit*

         2. Prohibit the landlord from taking any rent increase for which notice has been given *

            1. *Until the landlord has:

               1. completed the items in work orders

               2. completed the specified repairs or replacements or other work ordered

               3. Make any other order that it considers appropriate.
                  
                  

      7. Limitations

         1. Advance notice of breaches

         2. In determining the remedy under this section, the Board shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Board.

         3. If in an application it is determined that the tenant was induced by the conduct of the landlord, the superintendent or an agent of the landlord to vacate the rental unit, the Board may, in addition to the remedies outlined order that the landlord pay a specified sum to the tenant for:

            1. All or any portion of any increased rent which the tenant has incurred or will incur for a one-year period after the tenant has left the rental unit; and

            2. Reasonable out-of-pocket moving, storage and other expenses which the tenant has incurred or will incur.

6. 3. 8. Expiry of Order Allowing Tenant Possession

         1. An order expires:

            1. at the end of the 15th day after the day it is issued if it is not filed within those 15 days with the sheriff who has territorial jurisdiction where the rental unit is located; or

            2. at the end of the 45th day after the day it is issued if it is filed by a sheriff with territorial jurisdiction.
               
               

      9. Eviction with Termination Order

         1. If the Board makes an order terminating a tenancy the Board may order that the tenant be evicted effective not earlier than the termination date specified in the order.