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Ontario Residential Tenancies Act: A Simplified 5 Step Guide

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Ontario Residential Tenancies Act: A Simplified 5 Step Guide

February 3, 2022 Indojaa Sathiyaseelan Comments Off

When it comes to owning and investing in a property as a landlord, it’s essential to know the rights and responsibilities outlined under the Ontario Landlord-Tenant Laws.

The Ontario Residential Tenancies Act lays out the rental rights and responsibilities both tenants and landlords have when entering a rental lease agreement. Both parties must understand these obligations to follow these laws without confusion or misunderstanding.

The complete Ontario Residential Tenancies Act is linked, outlining the entire Landlord-Tenant Act. We also went ahead and simplified the Landlord-Tenant Laws in Ontario to familiarize you with landlord and tenant rights and responsibilities.

Landlord Responsibilities in Ontario

Here are a few landlord responsibilities under the Ontario Residential Tenancies Act:

  • Keep and maintain the property in a good state of repair, meeting all provincial and municipal standards. 
  • Maintain common or shared areas, ex. hallways, stairs, yards, driveways, or any areas used by public members.   
  • Provide tenants with a written copy of all lease tenancy agreements, along with rental receipts.
  • Provide access to all necessary services, such as hot and cold water, electricity, heat, and fuel. These services must be accessible to the tenant at all times, except for temporary interference for repair or maintenance. However, landlords can include provisions to the lease terms, specifying that the tenant pays for such services.  

The Ontario Residential Tenancies Act stipulates that any verbal or written agreement between the landlord and tenant can’t legally void the listed responsibilities above. Additionally, any contrary conditions added to the rental agreement will not be considered valid under the law. 

Landlord Rights in Ontario

Screening and Selecting Tenants

Under the Ontario Residential Tenancies Act, a landlord’s rights begin with screening and selecting tenants. Landlords have the right to choose tenants in compliance with the Human Rights Code regulations. This code protects tenants from being refused residence based on discrimination of certain classes, such as:

  • Disability, family status, sex, religion, race, marital status, sexual orientation, age, ethnic origin, and place of origin

However, the Ontario Residential Tenancies Act gives landlords the right to vet and deny residence based on:

  • Income source information, credit checks, credit references, rental history, and rental guarantees

Landlord Rights Under the Ontario Residential Tenancies Act

Along with the right to choose tenants in compliance with the Ontario Human Rights Code, the landlord rights under the Ontario Residential Tenancies Act are designed to ensure a return on the landlord’s investment. For this reason, most landlord rights under this jurisdiction focus on rent, such as the rights to:

  • Set the rent amount 
  • Request personal information 
  • Collect rent deposit and key deposit 
  • Change the locks 
  • Adjust/raise the rent amount

The Ontario Residential Tenancies Act doesn’t force tenants to pay rent, but it does outline the landlord’s rights to receive rent as agreed in the Rental Agreement. Thus, the landlord has the right to pursue legal actions in the case of delinquency or unpaid rent. Scroll down to find a breakdown of Eviction Rules.

Tenant Rights in Ontario

Just as how landlords have rights and responsibilities to their tenants, tenants also have rights and responsibilities to the landlord, which the Ontario Residential Tenancies Act outlines the tenants right to:

  • Privacy without interruption by the landlord or others 
  • Notice provided by the landlord in case they need to access the property for any repairs or maintenance
  • Reasonable notice of termination of the lease agreement with valid reasons 
  • Clear details about rent payment policies 
  • Landlord completing maintenance and repairs in a fair amount of time 
  • Receiving rent receipts when requested 
  • A maintained property in good condition by the landlord 
  • If tenants have an issue with the property or the way it’s managed, they have the right to contact the Landlord Tenant Board to help solve the problem between both parties

Tenant Responsibilities in Ontario

The following are tenant responsibilities, as outlined in the Ontario Residential Tenancies Act: 

  • Follow the terms outlined in the rental agreement 
  • Follow the by-laws of your city regarding how many people can live in the rental unit 
  • Not disturb the peace and quiet of neighbours 
  • Fix any damage that results from tenant negligence or carelessness 
  • Keep the property clean and sanitary at all times
  • Pay rent when due 

Overview of the Ontario Residential Tenancies Act

Rental Agreement

A rental agreement, also known as a tenancy agreement, is a legal contract between the landlord and the tenant outlining the tenant’s agreement to pay a particular rent amount for the right to live in the rental unit. According to the Ontario Residential Tenancies Act, landlords must use the standard Residential Tenancy Agreement lease template, which we’ve attached.

Eviction Rules

Landlords have the right to evict tenants, but the following reasons must justify eviction: 

  • Failure to pay rent or frequent late payments 
  • Illegal activities committed by the renter and their guests
  • Excessive damage to the property or common area
  • Unreasonable disturbances by the renter that impact the landlord and other building tenants
  • Lying about income in the rental application 
  • Plans to change the usage of the space from housing to some other use 

During an eviction, the landlord is required to follow the correct process. Landlords must serve the tenant with a written notice of termination as specified by the Landlord and Tenant Board. The form must state the reason for the eviction. The landlord must also receive an order of termination from the Board.

Rent Withholding

Tenants aren’t allowed to withhold rent payment when repairs or renovations are needed. The Tenant must take up any repairs or maintenance disputes with the Landlord and Tenant Board. 

At Birks Asset Management, we understand the complexities of the Ontario Residential Tenancies Act and the difficulties Landlords may face. That’s why we’re here to answer any questions or concerns you may have regarding the landlord-tenant laws in Ontario. Feel free to Contact Us, and we’d be happy to help.

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