Illegal Actions Your Landlord May Be Taking Without You Realizing it
In Ontario, residential tenancies are governed by the Residential Tenancies Act, 2006. This means that any rules or requirements that your landlord put in your lease that go against the Residential Tenancies Act, 2006 will be void and can be ignored. For example, your landlord cannot state in the lease that he could access your unit anytime, and just show up at your door whenever he feels like it. Here are some of the most common illegal landlord behaviours and requirements that we’ve heard from tenants to watch out for!
- Abuse of deposits
● Unlike other provinces and states, landlords in Ontario cannot charge deposits other than the last month’s rent and key deposit — in other words, they cannot charge you deposits for damages, pets or cleaning.
● You also cannot be required to provide more than the last month’s rent, unless you voluntarily offer to pay (this is sometimes necessary for newcomers without proof of income or credit history here).
● The landlord can require a refundable deposit for keys, remote entry device or cards. The key deposit, however, cannot be more than the expected replacement cost. - Pets can be kept in most cases
● As pets are an integral and inseparable part of the family, this can be a sensitive topic in rental housing. Contrary to what many pet owners believe, a landlord can refuse to rent to a person who has a pet. (A service animal is not considered a pet.)
● A tenancy agreement, however, cannot forbid a tenant from having a pet. And once there is a tenancy agreement, a landlord cannot evict the tenant simply for having a pet, regardless of what the tenant told the landlord.
● But, you must abide by any condo by-laws regarding pets, and make sure that your pet isn’t causing any damages or disturbances to those around. - Respect privacy!
● A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before, such as to carry out a repair or replacement or to do work in the unit, between 8 am and 8 pm. This means the landlords can’t just show up at your door to check up on you.
● There are limited circumstances, however, where a landlord may enter the rental unit without notice, such as in the case of emergency, or if the tenant consents to the landlord entering the unit at the time the landlord enters. - Stick to rental increase guidelines
● In most cases, the rent for a residential unit can be increased 12 months after either the last rent increase or the date the tenancy begins.
● The landlord must give a tenant written notice of a rent increase at least 90 days before it takes effect, using proper forms, such as Form N1 Notice of Rent Increase.
● The rental guideline, which is the maximum a landlord can increase most tenants’ rent during a year without the approval of the Landlord and Tenant Board, was 1.2% in 2022. This percentage can vary year by year.
● There are exceptions, however, to the rent increase guidelines. In some cases, landlords can apply to the Landlord and Tenant Board for approval to raise your rent by more than the rent increase guideline. New buildings, additions to existing buildings and most new basement apartments that are occupied for the first time for residential purposes after November 15, 2018 are exempt from rent control. In other words, that brand-new condo unit that you’re occupying for the first time might seem great at first, but after 12 months, mentally prepare yourself for an unlimited rent increase. - Standard Form of Lease
● Here’s a tip for both the tenants and landlords: if you’re looking into any lease clauses or laws, save your time from looking at American websites. Landlords of most private residential rental units in Ontario must use the Standard Form of Lease when they enter into a tenancy with a tenant, meaning your landlord can’t make you sign another lease template that looks different. All sections of the Standard Form of Lease are mandatory and cannot be changed, simplifying the lease signing process for everyone.
● Section 15 of the Standard Form of Lease, however, allows landlords to add their own terms, as long as they do not contradict the Residential Tenancies Act, 2006 or any other terms set in the Standard Form of Lease. This means that, although your landlord might state that a cleaning deposit of $500 will be required, this requirement won’t be enforceable. - End of lease term doesn’t mean end of lease
● Landlords sometimes tell tenants that when their lease ends, they only have two choices: 1) to move out, or 2) to renew the lease for another term. Actually, there’s a 3rd-option for the tenants: you could stay as a month-to-month tenant. In other words, you’re not being evicted, just because you couldn’t sign another 24-month term that your landlord has been annoying you about.
● But that doesn’t mean you cannot get evicted. Your landlord can evict you in specific situations and with written notice using the proper form provided by the Landlord and Tenant Board. For example, you still can be evicted if your landlord needs back the place, your landlord wants to tear down the building or use it for something else, or you’re behind on 6 months of rent. - Yes, you can post your 4-month sublet ad
● Whether you’re a student who needs to return back to your home country for the whole summer, or you recently lost your job and you can’t afford to have the whole unit to yourself, you may need to sublet or assign your current property some time throughout your lease.
● When you’re assigning your lease, you are assigning your rights and responsibilities as a tenant to another tenant, the so-called “lease assignee”. Following the assignment, your relationship with your landlords will end and you will no longer have the right to return to your property.
● When you sublet your unit out, you’re still the tenant and you will still be responsible for whatever happens at the property, including any property maintenance and rent payment obligations.
● Although your landlord’s permission will be required in order to sublet or assign your lease, your landlord cannot unreasonably refuse consent to either option and must respond to you within seven days since the request was made. Check out some tips to make your assigning/subletting experience a smoother experience here. - Landlords are responsible for repairs & replacements.
● Yes, you’re the one using the dishwasher, the fridge and the stove, but no, the landlords cannot force you to pay for the repairs if they break down as long as it no longer works due to normal wear and tear or because it breaks or wears out.
● Along with that, the landlords have many more duties for property maintenance, such as maintaining the building amenities, meeting health, safety, housing and maintenance standards, and not interfering with the provision of vital services, such as hot or cold water, fuel, electricity, or gas. Hold your landlords accountable!
If you don’t have time to digest the entire Residential Tenancies Act, 2006, we recommend you at least thoroughly review the provincial Standard Form of Lease, which summarizes what is allowed and not in Ontario. Understanding the rental laws will make a huge difference in your everyday life, protecting your rights, comfort and home!
The content on this page is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind.
