The Residential Tenancies Act governs Landlord and Tenant relations since January 31, 2007. It replaces the Tenant Protection Act, the Landlord and Tenant Act, the Rent Control Act and the Rental Housing Protection Act. Brochures, forms and information are available from the Landlord and Tenant Board at:
199 Larch Street, Suite 1003,
fax: (705) 564 4118
280 Armstrong Street
New Liskeard, ON
Table of Contents
The information on this page is provided by Ramsay Law Office Professional Corporation for its clients. The information is general in nature, and is compiled from a preliminary review of the new Residential Tenancies Act. Please contact our offices for specific information or go to the website set out above.
to maintain the premises in a good state of repair, fit for habitation;
to comply with health, safety, housing and maintenance standards;
not to interfere with the Tenant’s use and enjoyment of the premises;
cannot cut off vital services, such as heat, hydro, etc.;
to give the Tenant a receipt for rent if requested,;
if the Landlord collects a rent deposit (i.e. first and last month’s rent), it cannot exceed one month’s rent and Landlord must credit Tenant with 6% interest per annum;
must not harass the Tenant;
cannot prohibit pets,, unless they are a safety hazard or cause damage or interfere with the enjoyment of other tenants.
to pay rent;
responsible for ordinary cleanliness of rental unit;
not to wilfully or negligently cause damage;
not to harass the Landlord or other tenants;
not to endanger the safety of the Landlord or other tenants;
not to change the locks.
whenever the unit is rented to a new tenant the Landlord can charge whatever rent the tenant will pay: this is called “vacancy decontrol”;
by agreement between the Landlord and Tenant the rent can be raised for additional services to be prescribed by regulations for any amount, based on the cost of the additional services;
once a year, to the maximum guideline prescribed by the government;
for extraordinary expenses, the Landlord may apply to the Ontario Landlord and Tenant Board.
A 90 day Notice of Rent Increase must be given to the Tenant for any rent increase except for vacancy decontrol or increases by agreement or by order of the Ontario Landlord and Tenant Board. The proper form of notice must be used.
any time, by agreement of the Landlord and Tenant;
if the municipal taxes on the rental unit are decreased, the rent is to be decreased by an amount to be prescribed by regulation, probably effective January 1 of the following year. The municipality is supposed to notify both the Landlord and the Tenant.
REENTRY BY THE LANDLORD
The Landlord is entitled to enter the rental unit:
in an emergency;
with the consent of the Tenant;
after 24 hours notice, to make repairs or do work;
to show prospective tenants, between 8 a.m. and 8 p.m. after notifying or trying to notify tenant
to show potential purchasers or mortgagees, after 24 hours notice.
SUBLETTING AND ASSIGNING
A Tenant may always sublet a residential unit. The Landlord may only charge a reasonable fee for giving his consent, which must not be unreasonably withheld. The original Tenant always remains liable to the Landlord for the rent, cleanliness and repairs for damage. The original Tenant must have the right to move back before the end of the lease under the arrangement with the sub-tenant. Ramsay Law Office does not recommend tenants attempt to sublet. See the following section on assigning the lease.
A Tenant requires the consent of the Landlord to assign the lease. Under an assignment of lease the Tenant is no longer responsible for rent, cleanliness or damage and will not move back in before the end of the lease. The Landlord may refuse to consent to the assignment, in which case the Tenant may give the Landlord 30 days notice and terminate the lease. Tenants should always attempt to assign their lease and not use the term “subletting”.
Neither a subletting nor an assignment create vacancy decontrol and therefore the Landlord cannot set a new rent until the end of the original term of the lease.
If a Tenant dies, and there are no other tenants in the rental unit, the lease is terminated 30 days after the date of death. During the 30 days the Landlord must preserve the deceased’s assets and permit the executor, or if there is no executor, the family of the deceased, to have access to the rental unit and the opportunity to remove the deceased’s assets . The Landlord has certain rights to immediately remove hazardous or unhygienic goods (eg, spoiling food); after the 30 days the Landlord has limited rights to remove other assets still in the rental unit.
The Tenant may terminate the tenancy:
by giving notice to the Landlord for verbal tenancies (usually 60 days, coinciding with the rental period);
if there is a written lease for a fixed period, eg, for 1 year, the Tenant must still give notice that he intends to terminate the lease and vacate the rental unit at least 60 days before the end of the fixed period; otherwise the lease renews.
if the Landlord does not consent to an assignment of the lease, on 30 days notice.
The Landlord may terminate the tenancy:
for persistent late payment of rent, on 60 days notice;
for non-payment of rent, on 14 days notice. Tenant may pay up at any time until the Ontario Landlord and Tenant Board orders his eviction;
for illegal acts of the Tenant;
for wilful or negligent damage, on 20 days notice; Tenant has 7 days to pay for the damage. If he pays, the Tenant may remain on probation for 6 months;
for substantial interference with the reasonable enjoyment of the premises by the Landlord or other tenants. 20 days notice is required for larger buildings, 10 days notice if there are less Again there are rights to stop the behaviour and remain in the unit on probation;
where the Tenant impairs the safety of any other person, on 10 days notice;
where the Landlord requires the rental unit for himself or a member of his family or those of a purchaser of the building, to occupy the premises, on 60 days notice; the Landlord must file a declaration with the Ontario Rental Housing Tribunal;
where possession of the rental unit with not more than 3 units is required for a purchaser, on 60 days notice.
for demolition or major repairs; strict rules apply. In some cases, compensation has to be paid to the Tenant;
by Agreement of the Landlord and Tenant. The parties should sign an Agreement to Terminate.
In the case of any termination (or eviction) the Landlord cannot forcibly move the Tenant out or lock out the Tenant nor cut off services to the Tenant. An application has to be made to the Ontario Landlord and Tenant Board and if it is satisfied that it is a proper case and all steps have been followed, it can make an eviction order which then can be carried out by a bailiff.
FORMS AND NOTICE PERIODS
Notices must be given for most rent increases, termination of the lease and other matters. Most notices must be given on the proper form. A handwritten note or typed letter will usually not be effective.
All notice periods must be complied with. The periods set out in the Residential Tenancies Act are minimum periods (but the Act says February counts for a 30 day month!).
For example, if the Act says that a 60 day notice must be given, and the Tenant pays rent on the 1st of the month, the notice must include 2 calendar months. That is, if the notice is given on April 15, it is not effective until June 30.
Forms may be obtained at:
199 Larch Street, Suite 1003, Sudbury, ON P3E 5P9 705-564-4118
280 Armstrong St., New Liskard, ON P0J 1P0
Ramsay Law Office, (usual fees apply)