A Guide to Residential Tenancies for Tenants (and Landlords)

As a tenant in Ontario, understanding your rights and obligations is crucial for ensuring a positive and fair living experience. The Residential Tenancies Act (RTA) governs the relationship between landlords and tenants in the province, providing a comprehensive framework to protect the rights of both parties. In this guide, we'll explore key tenant rights under the RTA and how they empower you to maintain a safe and secure living environment.

·         Right to a Written Tenancy Agreement: Under section 9 of the RTA, landlords are required to provide tenants with a written tenancy agreement that outlines the terms and conditions of the rental arrangement. This agreement should include details such as the rental amount, payment due dates, and any rules or policies related to the property.

·         Right to Privacy: Tenants have the right to enjoy privacy in their rental unit. Section 26 of the RTA stipulates that landlords must provide proper notice before entering the premises for reasons such as repairs, inspections, or showing the unit to prospective tenants or buyers. In most cases, landlords must provide at least 24 hours' notice, except in emergencies.

·         Right to a Safe and Habitual Living Environment: Section 20 of the RTA outlines landlords' responsibilities for maintaining rental properties in a safe and habitable condition. This includes ensuring that the property meets health, safety, and maintenance standards. Tenants have the right to request repairs for any issues that affect their health or safety.

·         Right to Reasonable Rent Increases: Section 120 of the RTA governs rent increases in Ontario. Landlords can increase rent once every 12 months with proper notice, as outlined in the RTA. The rent increase guideline is set by the government and applies to most rental units in Ontario. Landlords must provide at least 90 days' notice before implementing a rent increase.

·         Right to Freedom from Illegal Discrimination: Section 2 of the RTA prohibits landlords from discriminating against tenants based on factors such as race, ethnicity, religion, gender, sexual orientation, or disability. Discriminatory practices in rental housing are illegal under the RTA, ensuring equal access to housing for all individuals.

·         Right to Dispute Resolution: If disputes arise between landlords and tenants, the RTA provides mechanisms for resolving conflicts through the Landlord and Tenant Board (LTB). Tenants have the right to file a complaint with the LTB if they believe their rights have been violated or if they need to resolve issues such as rent arrears, maintenance problems, or eviction proceedings. Sections 60 to 82 of the RTA outline the procedures for filing applications and resolving disputes through the LTB.

·         Right to Notice for Termination of Tenancy: Section 44 of the RTA stipulates the notice requirements for terminating a tenancy. Landlords must provide proper notice if they wish to terminate a tenancy, and the notice period varies depending on the reason for termination, such as non-payment of rent, substantial renovation, or personal use by the landlord. Tenants have the right to challenge terminations through the LTB if they believe they are unfair or unlawful.

Types of Notice Landlords Can Give to Tenants to Vacate the Property

Landlords in Ontario can give different types of notices to tenants to end their tenancy. The type of notice required depends on the reason for termination. Common types of notices include:

·         Notice of Termination for Non-Payment of Rent: For non-payment of rent, landlords typically serve a Form N4, which is the Notice to End a Tenancy Early for Non-payment of Rent by Tenant. This form provides tenants with a specified period to pay the outstanding rent or vacate the premises.

·         Notice of Termination for Breach of Lease: For breach of lease, landlords typically serve a Form N5, which is the Notice to Terminate a Tenancy at the End of the Term. This form outlines the reasons for termination, such as substantial interference with reasonable enjoyment, damaging the rental property, or illegal activities, and provides the tenant with an opportunity to correct the breach within a specified timeframe.

·         Notice of Termination for Personal Use by Landlord: If the landlord or their family member intends to move into the rental unit, they must give the tenant a notice of termination for personal use. This notice must be provided on the N12 form prescribed by the Landlord and Tenant Board. It typically provides 60 days' notice.

·         Notice of Termination for Renovation or Demolition: For renovation or demolition purposes, landlords typically serve a Form N13, which is the Notice to End your Tenancy Because the Landlord, a Purchaser or a Family Member Requires the Rental Unit. This form notifies tenants of the landlord's intention to renovate or demolish the rental unit and provides them with the required notice period before the termination date.

It's important for tenants to understand their rights and options if they receive a notice of termination from their landlord. If you have questions or concerns about a notice you've received, consider seeking legal advice or contacting the Landlord and Tenant Board for assistance.

DISCLAIMER: This information is not legal advice. If you have specific legal questions or concerns, it is advisable to consult with a lawyer or paralegal specializing in landlord-tenant law.