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Know Your Housing Rights

From understanding the lease for your new apartment, rent increases, repairs and maintenance, responsibilites, and more. 

 

Check out our guide below to learn your rights and responsibilities when it comes to housing, and the available resources to support you along the way.

 

Know Your Rights: Housing Rights

The Residential Tenancies Act (RTA) outlines the rights and responsibilities of landlords and tenants in Ontario. Rights and responsibilities go hand in hand—you cannot have one without the other.

You are covered by the RTA if you have a lease or rental agreement and do not:

  • Share amenities with the owner (e.g., bathroom, kitchen), or 
  • Live in a student residence, care home, mobile park, land lease community, social/supportive housing, or co-operative housing units.

If disputes arise between landlords and tenants, the Landlord and Tenant Board can help resolve them through mediation or adjudication, similar to a court process.

 

Learn More About Your Housing Rights

  • What Rights Apply to me?

    You are covered by the Residential Tenancies Act (RTA) if you have a lease or rental agreement, and you do NOT:

    • Share amenities with the owner (i.e., bathroom, kitchen, etc.), or
    • Live in student residence, care home, mobile park, land lease community, social and supportive housing, or co-operative housing units.

    If you share amenities with the owner of the property you are renting in (living with the landlord or their immediate family in their home), then you are not covered by the RTA and do not have the same tenant protections. This means:

    You have no formal tenant rights unless they are agreed upon in a verbal or written agreement. Written agreements are always recommended over verbal agreements so that you can easily reference it in the event of a dispute.

    TIP: If you live in Conestoga College residence, the RTA does not apply to you.

  • Shared Accommodations

    If you live with your landlord and/or a member of their immediate family (i.e., spouse, child, parent, spouse’s child, and/or spouse’s parent) and share a kitchen and/or bathroom, the Residential Tenancies Act (RTA) does not apply to you.

    As the RTA does not apply to you, it is extremely important that you still have a lease agreement and that it outlines clear expectations and requirements on a variety of topics, such as:

    • Lease Termination: What happens if the landlord or tenant wants to end the lease early (e.g., timelines, notice, etc.)?
    • Maintenance, Repairs, and Damages: Who is responsible for repairs in the unit? What maintenance is the landlord and the tenant each responsible for? Who is responsible for damages in the unit?
    • Pets: If pets are allowed and any restrictions (number of pets, size of the pet, type of the pet)?
    • Guests: If guests are allowed and any restrictions on having guests during certain days, times, or overnight.
    • Rent increases: When and how often they can happen? If any notice for rental increases is required?

    The Ontario standard lease can be used as a starting point; however, it assumes various protections provided by the RTA, which would not apply in a shared accommodation lease. It is always best to seek out legal advice to ensure you have a comprehensive and fair lease agreement.

    If the RTA does not apply, the lease contract will be your main avenue of dealing with any issues that may arise. While you can (and should) seek out legal support in the case of any issues, ensuring you have a clear and comprehensive lease agreement is the best way to avoid any potential issues.

    TIP: If you live in a basement apartment that has its own kitchen and bathroom that you do not share with the landlord and/or a member of their immediate family, this does not count as a shared accommodation. You must share a bathroom or kitchen with a landlord or a member of their immediate family who was living in the rental unit prior to your tenancy in order for the RTA not to apply to you.

  • Ontario Standard Lease

    Since April 2018, landlords and tenants in Ontario must use the Standard Form of Lease. When the Standard Form has not been used, you can ask that it be provided by the landlord, who will then have 21 days to provide it.

    Know what an Ontario Standard Lease should look like by visiting the link above and ensure you thoroughly review your lease before signing it. A legal representative from StudentCare can review your lease for free if you did not opt-out of the Legal Care Program.

  • Rent Increases

    Under the Residential Tenancies Act, landlords must provide tenants with 90 days’ notice of a rent increase. Rental units occupied for the first time for any residential purposes before November 15, 2018, are rent-controlled. This means landlords must not increase the rent by more than the province’s yearly “rent increase guideline” amount; this can be found on the Government of Ontario website. Additionally, for rent-controlled units, rent increases cannot occur more than once per year, unless there is an Order from the Landlord and Tenant Board.

    TIP: A Notice of Rent Increase must be provided to a tenant by their landlord using a Form N1 if covered by the rent increase guideline, or a Form N2 if not covered by the rent increase guidelines.

  • Repairs & Maintenance

    Under the Residential Tenancies Act, landlords must carry out and pay for repair work that keeps the unit in a state of good repair, fit for living in and complying with all applicable building standards. This includes pest control. In contrast, tenants must pay to repair damage that they caused on purpose or through carelessness. This does not usually include small nail holes, scuffs on walls, and other minor wear and tear type of issues.

    Tenants have an obligation to report when maintenance is required, and landlords must respond within a reasonable time. The landlord is responsible for regularly maintaining structures and items in a rental building to address wear and tear and to keep them in good condition.

    Tenants also have responsibilities with regard to repairs and maintenance. These include keeping the unit clean and repairing any damage you cause. For a more in-depth explanation of the landlord and tenant’s responsibilities related to maintenance and repairs, review the LTB’s brochure: Brochure: Maintenance and Repairs.

    TIP: Take photos of the rental unit when you move in of pre-existing damage and of any damage that occurs during your tenancy. You should let your landlord know when there is damage to the unit as soon as possible.

  • Security or Rent Deposits

    The Residential Tenancies Act prohibits landlords from collecting any refundable or non-refundable fees, except for a previously agreed upon key deposit and/or last month’s rental deposit. For example, a landlord cannot collect a “damage deposit.”

    A key deposit and last month’s rent are the only legal deposits that can be required. Your landlord can only use your key deposit to replace any keys, entry cards, or other entry devices and must be refunded to you upon move-out if the key is returned in good condition. The amount charged for a key deposit must be reasonable and not exceed the cost of replacing the keys.

    TIP: A landlord must pay interest on the rent deposit every year, which is equivalent to the rate of the rent increase guideline.

  • Guest Policies

    Under the Residential Tenancies Act, a landlord typically cannot stop a tenant from hosting guests in their rental unit. In regular tenancies, a tenant has the right to welcome any guest that the tenant wants to visit in their unit, and for any period of time. Typically, a landlord cannot raise rent or charge extra fees when a tenant hosts a guest. However, tenants have responsibilities regarding their guests, such as ensuring they don’t cause damage or create an unsafe environment for neighbours.

    TIP: Your landlord cannot charge you extra rent or add fees for having a guest, including if they stay with you.

  • Notice to Enter the Rental Unit

    Under the Residential Tenancies Act, landlords must give 24 hours’ written notice before entering a unit, and they can only enter between the hours of 8am and 8pm, unless the tenant agrees, or there is an emergency (i.e., a fire).

    TIP: The notice of entry provided by the landlord must include the reason the landlord needs entry to the unit.

  • Accommodations / Human Rights

    Tenants must have equal access to rental opportunities and enjoyment of their rental unit without discrimination based on protected human rights “grounds.” These grounds include race, colour, creed/religion, sex, sexual orientation, gender identity, age, family status, disability, and receipt of public assistance.

    This means landlords must:

    • Not discriminate against tenants based on Human Rights Code grounds.
    • Accommodate tenants’ needs related to Human Rights Code grounds.
    • Not harass tenants, or allow tenants to be harassed, based on Human Rights Code grounds.

    These rights do not apply to tenants who share a bathroom or kitchen with their landlord, as they are not included within the Residential Tenancies Act.

    TIP: Landlords cannot ask you questions that could be used to discriminate against you, such as if you have children, your marital status, religion, ethnicity, sexual orientation, and more. If it is a protected human rights ground, landlords usually cannot ask you questions about it.

  • Lease Termination & Eviction

    Your landlord can only give notice to end the tenancy in certain situations provided by the RTA. If your landlord wants to evict you, they must first give you a written notice. The notice should be on an LTB Form and have a name that starts with “Notice to End Your Tenancy.” Some notices tell you how to cancel the notice so you won't have to move out (ie, you can pay rent that the notice says you owe). Alternatively, following this, there will be a hearing with the Landlord and Tenant Board; if they believe the eviction is legal, they will issue an Eviction Order with an eviction date.

    If you would like to end your tenancy, proper notice must be sent to the landlord at least 60 days before the final day of your fixed-term tenancy, or at least 60 days in advance of the date you would like to move out if on a non-fixed-term tenancy (month-to-month). This form is called “Tenant’s Notice to End the Tenancy.” (link)

    TIP: If you want to end a tenancy early, you can request the landlord to and you and the landlord must agree, unless you assign the tenancy, receive an order from the LTB to end it early, are a victim of sexual assault or domestic violence, or landlord refuses to use the standard lease form. Learn more in the LTB’s Brochure: How a Tenant Can End Their Tenancy.

  • Landlord & Tenant Board (LTB)

    Both landlords and tenants may file complaints through Ontario’s LTB; however, the LTB should be used as a last resort. Instead, if you have an issue with your landlord, begin by reaching out to them and explaining the issue. If the issue is still not solved, you may need to reach out to the LTB to escalate the issue. Here is an overview of the steps for filing with the LTB.

    1. File your complaint. Based on what type of issue you are experiencing, there are different forms you may need to complete. Ensure you read through the entire application before submitting it and follow each step closely. If there are any mistakes or missing information, this may result in the LTB dismissing your application. If you did not file through the Tribunals Ontario Portal, you will receive a PIN after you have filed. You can use this to track your application through the Tribunals Ontario Portal. If you filed through the Tribunals Ontario Portal, the account will automatically track your application’s progress.
    2. Collect evidence. Ensure that you have collected evidence that clearly outlines that your landlord has not met their responsibilities. This includes things like copies of emails or texts, phone recordings, receipts, photos and videos, and your lease. You must submit this evidence to the LTB before your hearing.
    3. Practice. Practice what you are planning on saying. The LTB hearings are open to the public, so you can watch previous hearings to get an idea of how to present your case. You can also seek out legal support from legal clinics and other legal resources to help you prepare.
    4. Attend your hearing. It is essential that you attend your hearing, and ensure you are early. If you miss your hearing, it is likely that the LTB will dismiss your application, resulting in you needing to refile the complaint. If the hearing is scheduled for a day you cannot attend, reach out to the LTB to reschedule as soon as possible.
    5. Receiving your decision. After your hearing, you will receive a final order. This will tell you what the outcome of your application is. Once you have received the order, it is final. The only reason you can ask for a review of an order is if you believe there has been a “serious error.”

    The timeline from filing your complaint to receiving a decision may be long. Most non-landlord applications’ hearings are scheduled within 5-7 months from the date an application is received. However, more urgent matters (such as illegal lockouts) typically have their hearings scheduled within 5-6 weeks. After your hearing, you should receive a decision within 30-60 days.

    TIP: Your landlord cannot threaten you to attempt to coerce you into not filing a complaint. Even in the case of eviction notices, your landlord cannot force you to move out, change the locks, or turn off your water/power while your application is going through the LTB. If you are an international student, landlords do not have the power or authority to deport you.

  • Roommate Rights & Conflict Resolution

    Roommate rights and conflict resolution are not covered under the RTA. If you have an issue with your roommate, consider the following:

    1. Be proactive. Before issues arise, attempt to create a living agreement that outlines how you’d like to live together. Consider things like quiet hours, cleanliness of shared spaces, notice for visitors, borrowing or using each other’s items, purchasing of shared items or food, etc. By being proactive, you can address many issues before they happen.
    2. Consider how you communicate. Ensure that you are clear and polite, and address issues as they arise – instead of letting them get worse. Remember to use “I” statements (e.g., “I feel … when you …”), listen for understanding, and ask follow-up questions to ensure you understand each other.
    3. Understand your impact. Remember that your intentions may not always match what others feel. Ensure you acknowledge the other person’s feelings, and try to reflect on how you may change in the future to avoid these problems.
    4. Allow for space. Sometimes, it is important to step away from conflict to make sure issues do not escalate. If needed, return to the conversation at a later point when all parties are ready to discuss it.
    5. Connect with support resources. If issues continue to arise, reach out to support resources to help facilitate mediation between you and your roommates.

    TIP: If your roommate is on the lease with you, you are both responsible for the unit. This means that if they don’t pay rent, you may need to cover it, or if they cause damage, you may also be responsible for it. If your roommate is not on the lease with you, you are their landlord, and therefore, responsible for the unit and the tenancy arrangement.

 

Learn More About Your Renting Reponsibilites

  • Responsibility to Pay Rent on Time

    Rent is considered late if it is not paid in full by the day that it is due. For example, if the rent is due on the first day of the month and it is not paid by 11:59 p.m. on that day, it is considered late as of the second day of the month. If a tenant is late paying the rent or doesn’t pay the rent in full on the day it is due, a landlord can try to collect the rent with or without evicting the tenant. If the landlord wants to evict the tenant, the landlord must begin the process by serving the tenant a Notice to End a Tenancy Early for Non-payment of Rent (N4) (link).

    TIP: A tenant should not withhold any part of the rent, even if the tenant feels that maintenance is poor, or a necessary repair has not been done. A landlord can apply to evict a tenant if the full rent is not paid on time. However, a landlord cannot charge a late fee or interest on late rent, but they can charge you for any NSF fees they incur and up to $20 in administrative costs.

  • Responsibility to Keep the Unit Clean

    A tenant must keep the rental unit clean, up to the standard that most people would consider ordinary or normal cleanliness.

  • Responsibility of Having Guests or Visitors

    If you've invited or allowed someone into your rental unit or residential complex, you are responsible for their actions. This includes paying for any damages guests intentionally create or cause through carelessness. Additionally, you are responsible for any disturbances they may create which prevent the reasonable enjoyment of other long-term guests.

    When having guests over, you should also be mindful to prevent overcrowding. A landlord may issue an early Notice of Termination (eviction) on an allegation that "the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law."

  • Responsibility to Ask the Landlord Before Subletting or Renting Your Room

    Subletting happens when a tenant transfers their entire rental unit to another person or group – known as a subtenant – for a specific period of time, and then the tenant later returns to resume living in their unit, and the subtenant moves out. The Residential Tenancies Act (RTA) requires a tenant to get their landlord’s permission to sublet their unit. However, if the landlord does not respond within 7 days or refuses, the tenant is allowed to end the lease agreement.

  • Responsibilities for Repairs and Maintenance

    The tenant is responsible to pay for repairs to structures and items that they or their guests break on purpose or through carelessness. However, they are not responsible for repairing structures or items that were broken before they moved in, even if they knew about the issue. They are also not responsible for any common “wear-and-tear” issues (e.g., minor scuffs and marks, small nail holes, etc.).

    Tenants are required to cooperate with their landlord to ensure that necessary repair and maintenance work can be completed (for example, preparing their unit for pest control treatment). If the tenant has a disability that prevents them from doing what they have been asked to do, they can ask their landlord for help.

    Tenants should send their landlord all repair and maintenance work requests in writing. A written letter should include a detailed description of the work needed, the date the request was made, and photos, if possible. Tenants should keep a copy of the letter for their records. If a landlord has not completed the work within a reasonable timeframe, the tenant should send their landlord a follow-up letter.

    TIP: Consider getting tenant insurance, if your landlord does not already require it. Landlords have property insurance for the building or house itself, but this doesn’t include coverage for the contents of your rental unit. In the event of a flood or fire, you would be required to pay for the replacement costs of your contents (furniture, clothes, and other belongings inside your apartment) without insurance.

 

Be a Good Neighbour

Being a good neighbour is an important part of being a part of your local and campus communities. There are various things to keep in mind to make sure you’re a good neighbour:  

  • Parking. Many municipalities have by-laws related to parking, such as where and when street parking is allowed. This ensures that streets can be driven down by not just your neighbours, but also emergency vehicles. Make sure you follow the parking by-laws for your areas. 

  • Noise. Many municipalities also have by-laws related to noise, typically called “noise pollution.” This ensures that you do not disrupt your neighbours, particularly late in the evening. Typically, you are expected to not be overly loud (i.e., have noise that could be heard outside your home) after 11PM, though this may vary depending on municipalities and days (e.g., Friday and Saturday nights may have a later exception). If a neighbour is too loud late in the evening, you can call by-law to report them. 

  • Property maintenance. Property maintenance refers to how the property looks, such as dealing with trash, cutting the lawn, and snow removal. If you rent, your landlord may be responsible for some of these responsibilities. Make sure you have a clear understanding with your landlord and/or roommates to help maintain where you live.  

 

Learn More About Your Housing Resources

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