Kai Rivers
If you're renting in Ontario, it's important to know your rights and responsibilities as a tenant. The Residential Tenancies Act (RTA) outlines the rules and regulations that both tenants and landlords must follow, including those regarding rent increases, evictions, maintenance, and privacy. Understanding these laws can help tenants protect their rights and ensure they are treated fairly. While most residential tenancies in Ontario require the use of the Ontario Standard Lease form, which outlines the terms of the rental agreement, even if a written agreement is not in place, tenants are still protected by the RTA.
| Characteristics | Values |
|---|---|
| Rental units covered by Residential Tenancies Act (RTA) | Private residential rental units, including those in single and semi-detached houses, apartments, condominiums, and secondary units (e.g. basement apartments). |
| Rental units not covered by RTA | Most university and college residences, commercial properties. |
| RTA guidelines for rent increase | Rent increase guideline for 2026 is 2.1%. Rent can't increase by more than the guideline amount annually for most tenants. |
| Landlord's notice for rent increase | 90 days before the increase takes effect. |
| Disputing rent increase | Can dispute an above-guideline rent increase at the Landlord and Tenant Board (LTB) within 12 months of the increase. |
| Rent deposit | Only last month's rent deposit is allowed. |
| Landlord's right to choose a tenant | Can ask for income information, credit checks, credit references, rental history, and guarantees. |
| Landlord's right to enter the rental unit | In certain circumstances, such as to carry out repairs or replacements, allow a potential mortgagee or insurer to view the unit, or conduct an inspection. Must provide written notice at least 24 hours before entry. |
| Tenant's right to possession and enjoyment | Tenant has the right to possession and reasonable enjoyment of the rental unit. |
| Landlord's notice for eviction | Must give written notice using the proper form provided by the LTB. |
| Tenant's right to lease copy | If you didn't receive a standard lease, you can request it in writing, and the landlord must provide it within 21 days. |
| Withholding rent | If you don't receive the standard lease within 21 days of requesting it, you can withhold one month's rent. |
| Ending fixed-term lease early | Special rules allow you to end a fixed-term lease early if a standard lease is not provided. |
| Repayment agreement for eviction | Landlord and tenant may settle an eviction application based on non-payment of rent by reaching a formal repayment agreement approved by the LTB. |
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What You'll Learn
Rent deposits and increases
In Ontario, landlords are permitted to request that new tenants pay a deposit, known as "first and last", before they move in. This is a rent deposit, not a security deposit, and must be used to cover the tenant's first and last month's rent. This means the first month of the tenancy is covered, as well as the last month (the tenant will only be required to pay rent for the second-last month). The rental deposit cannot exceed the cost of one month's rent or the cost of a rental period. For example, if the rent is paid weekly, the deposit cannot be more than a week's rent.
The annual rent increase guideline amount is set by the Ontario government every year. For most tenants, rent can't go up by more than this guideline amount each year. The rent increase guideline for 2026 is 2.1%. The landlord must provide the tenant with written notice of a rent increase at least 90 days before it takes effect. If your landlord has not provided the proper notice or you believe your rent has been raised by an improper amount, you can dispute this at the Landlord and Tenant Board within 12 months of the amount first being charged.
Landlords are legally obligated to pay rent deposit interest in line with the rental guideline increases for that year. For example, if the maximum rent increase for a year is 2.5%, landlords must top up the deposit by 2.5% (or give this money directly to the tenant). Although landlords are supposed to pay interest to tenants every 12 months, if they do not, the interest owing to the tenant is compounded each year.
In Ontario, rent deposits are refundable. They must always be returned to the tenant in full or used to pay for the final month's rent. A damage deposit, or security deposit, is not legally enforceable at the time of signing a lease. If damage occurs during the tenancy, the landlord must go through the Landlord and Tenant Board to seek payment. Pet deposits are also not legal in Ontario.
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Eviction
In Ontario, the Residential Tenancies Act (RTA) outlines the rules for evicting a tenant. The RTA applies to most private residential rental units, including houses, apartments, and condominiums. Landlords can only evict tenants in specific situations and must follow the proper procedures.
To evict a tenant, the landlord must provide written notice using the proper form from the Landlord and Tenant Board (LTB). The notice must include the reason for eviction, and the landlord must have honest intentions for the eviction. If the landlord does not provide the proper notice or include all the required information, the notice may be considered void, and the eviction application may be dismissed.
There are different types of eviction notices, depending on the reason for ending the tenancy. For example, if the tenant has breached the terms of the lease or failed to pay rent, the landlord may give a "for cause" notice. In other cases, such as if the landlord or their family member wishes to move into the unit, the eviction may be considered a "no-fault" eviction, and the landlord must typically pay compensation to the tenant.
Even if the landlord provides a valid eviction notice, tenants have the right to dispute the eviction. Tenants can go to an LTB hearing and explain why they should not be evicted. If the tenant believes that the eviction order should not have been made, they can apply to the LTB to stop the eviction within 10 days of receiving the order.
It is important to note that the LTB is an independent tribunal with the authority to resolve disputes between landlords and tenants. Tenants can seek legal advice and resources to understand their rights and options during the eviction process.
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Landlord entry
In Ontario, the Residential Tenancies Act (RTA) gives landlords and tenants specific rights and responsibilities. Under the RTA, the Landlord Tenant Board (LTB) was created to solve disputes between tenants and their landlords.
According to the RTA, a tenant has the right to possession and reasonable enjoyment of the rental unit. A landlord has the right to enter the rental unit in certain circumstances when they follow the outlined procedures.
Sections 26 and 27 of the RTA outline the situations in which a landlord may enter the rental unit. Here are the key provisions regarding landlord entry:
Notice Requirements:
Landlords are typically required to provide tenants with written notice at least 24 hours before entering the rental unit. The notice should include details such as the reason for entry, the date, and the time of entry, which must be between 8 am and 8 pm. However, in cases where the tenancy agreement requires the landlord to clean the rental unit at regular intervals, they may enter at the specified times in the agreement or between 8 am and 8 pm if no times are specified.
Reasons for Entry:
Landlords may enter the rental unit for various reasons, including:
- To carry out repairs, replacements, or other necessary work in the unit.
- To allow a potential mortgagee, insurer, or qualified person to view or inspect the unit, as outlined in the Professional Engineers Act, Architects Act, or Condominium Act, 1998.
- To conduct an inspection to determine whether the rental unit meets health, safety, housing, and maintenance standards.
- To allow a potential purchaser to view the unit, as per section 27(2) of the RTA.
Accompanying Individuals:
When someone other than the landlord or superintendent is hired to do work in the unit, the landlord or superintendent should accompany them to permit entry. If a specific time of entry is known, it should be stated in the notice. If not, the notice should provide a reasonable window of time for entry, depending on the circumstances.
Emergency Entry:
Landlords can enter the rental unit without written notice in emergency situations or if the tenant agrees. Changing locks is permitted, but landlords must provide tenants with a key for any new locks. Tenants are not allowed to change locks without the landlord's permission.
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Lease agreements
The Ontario standard lease agreement became mandatory for most residential tenancies starting on April 30, 2018. This standard lease brings uniformity to rental documents and ensures fairness and clarity for all parties involved. It covers various aspects of the rental agreement, including the term and duration of the tenancy, the services included in the rent (e.g., parking, cable, heat, electricity, air conditioning), and any additional clauses that comply with the Residential Tenancies Act.
According to Ontario law, landlords must provide tenants with a copy of the signed tenancy agreement within 21 days of the tenancy beginning. If a landlord fails to provide a standard lease upon request, tenants have the right to withhold one month's rent. If the standard lease is still not provided within 30 calendar days of withholding rent, tenants can keep the withheld rent. However, it is important to note that tenants cannot withhold more than one month's rent and must continue paying rent for the term of the lease.
In addition to the standard lease, there are other important considerations for lease agreements in Ontario. For example, landlords have the right to choose tenants based on income information, credit checks, rental history, and other factors. They can also increase rental prices annually, but they must provide proper notice, typically 90 days, to tenants in advance. Tenants, on the other hand, are responsible for paying rent in full on the due date and providing proper notice before ending their tenancy.
Understanding lease agreements in Ontario is crucial for both landlords and tenants to ensure a successful rental experience. By familiarizing themselves with the local rental market, national and regional laws for tenancies, and the rights and responsibilities outlined in the standard lease, both parties can navigate the rental process with clarity and fairness.
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Landlord and Tenant Board (LTB)
The Landlord and Tenant Board (LTB) is an independent tribunal with the authority to resolve disputes between landlords and tenants. The Residential Tenancies Act (RTA) gives landlords and tenants specific rights and responsibilities. It provides rules for increasing rent, evicting a tenant, maintenance, etc. The LTB was created to solve disputes between tenants and their landlords.
The LTB exercises jurisdiction under the Residential Tenancies Act, 2006 to hear and decide applications related to residential tenancies and non-profit housing cooperatives. Members of the LTB are appointed by the Lieutenant Governor in Council, with some members being cross-appointed to other tribunals within Social Justice Tribunals Ontario.
If you are having a disagreement with your landlord related to offences under the Residential Tenancies Act, you can work with the Rental Housing Enforcement Unit to solve the problem. You can also use their free online search tool, Navigate Tribunals Ontario, to receive helpful information and resources.
If you are unsure about which application to file, you can use Navigate Tribunals Ontario to learn about your rights and responsibilities and the rules and processes at the LTB. You can also find all LTB forms, learn how to file, and find all LTB fees on the Tribunals Ontario Portal. You can save time and money by filing L1, L2, L3, L4, L9, L10, T1, T2, T5, T6, C1, C2, and combined applications online using the portal.
You can also learn about the LTB service timelines, including application and processing times, and the hearing process.
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Frequently asked questions
The RTA is an Ontario law that gives landlords and tenants specific rights and responsibilities. It provides rules for increasing rent, evicting a tenant, maintenance, etc. The RTA covers most private residential rental units, including those in single and semi-detached houses, apartments, and condominiums. It does not cover most university and college residences and commercial properties.
The LTB is the official tribunal that resolves disputes, including eviction applications, rent issues, and repair complaints. Both tenants and landlords can apply to the LTB using their official forms. The LTB was created to solve disputes between tenants and their landlords.
Landlords need enough information to decide if you are a reliable tenant, but privacy laws and tenant protections limit the types of questions they can ask. Landlords can ask for your full name and contact information, proof of identity, current and previous addresses, proof of income, and a credit check (with your written consent). They cannot ask for your Social Insurance Number (SIN), direct questions about marital status, sexuality, nationality, family planning, or religion, personal banking information, or immigration status.
