What are a landlord’s obligations?

The Residential Tenancies Act (the “Act“) establishes the rights and obligations of both landlords and tenants. Landlords are responsible for ensuring that rental units and property meet health, safety and housing standards established by law, and are reasonably suitable for occupation given the nature and location of the property. Tenants are responsible for keeping their unit clean and for repairing any damage they or their guests cause to the unit or the premises.

If a landlord violates a tenants’ rights or fails to live up to their obligations, they may be investigated and charged with an offence. These offences include: harassment, evicting a tenant without an order from the Landlord and Tenant Board, interfering with the supply of water, electricity or heat, entering a unit without proper notice, charging extra fees or illegal rent, and failing to maintain building standards.

If a tenant believes an offence has been committed by the landlord or the landlord’s employee, they can make a complaint to the Rental Housing Enforcement Unit of the Ministry of Municipal Affairs and Housing. If a complaint is filed, the Enforcement Unit will investigate the problem, attempt to resolve it, and may even lay charges against the offender who will have to stand trial in court.

If you are having trouble with your tenant or your landlord and would like help, ask a lawyer now.

What are a landlord’s rights?

Under the Act, landlords have several important rights, including the right to:

• select their tenants, using income information, credit checks and references, rental history, and similar-type criteria as prescribed in the Ontario Human Rights Code,
• collect rent,
• enter the rental premises, (in the manner set-out in the Act and under the terms of the lease), for the purpose of making repairs and maintaining the property, to show the unit to potential tenants, and in an emergency,
• increase the rent up-to the annual limit set by the government,
• evict tenants, in the case of a breach of the terms of the lease, or for a breach of the Act.

Further landlord rights effective September 1, 2021

As per amendments to the RTA effective September 1, 2021 a landlord may now:

• apply for an order requiring the tenant to pay the reasonable out-of-pocket expenses incurred by the landlord as a result of conduct by the tenant or someone else visiting or living in the rental unit which substantially interfered with landlord’s reasonable enjoyment or lawful right, privilege or interest
• apply for an order requiring the tenant to pay the reasonable out-of-pocket expenses incurred by the landlord as a result of conduct by the tenant or someone else visiting or living in the rental unit which substantially interfered with landlord’s reasonable enjoyment or lawful right, privilege or interest
• file an application claiming rent arrears or compensation up-to one year after the date the tenant moved out (if the tenant moved out of the rental unit on or after September 1, 2021) and the landlord believes the former tenant owes:
  • rent or compensation
  • an amount for charges related to NSF cheques
  • costs for unpaid utility bills (utilities mean heat, electricity and water)
  • costs for damaging the rental unit
  • costs the landlord incurred because the former tenant or someone else visiting or living in the rental unit substantially interfered with the landlord’s reasonable enjoyment or lawful right, privilege or interest

For additional information, contact the Landlord and Tenant Board, or refer to the Act. Visit ontario.ca for more information on how you can make a complaint and get help if a landlord or a tenant breaks a rule under the Residential Tenancies Act.

Help for Tenants

A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.

If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-844-888-0442 .

If you are a Tenant, you can add your monthly rent payment to your credit report using FrontLobby. This can:

• Contribute to improving your credit score (Renters have reported 33pts to 84pts jumps)
• Help establish a positive credit history with a new rent tradeline
• Improve your access to credit related rewards (better bank loans, credit cards, mortgage rates)

Help for Landlords & Property Managers

For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .

If you are a Landlord or Property Manager, you can report rent payments to Credit Bureaus and screen Tenants using FrontLobby. This can:

• Attract financially responsible applicants interested in building credit with their rent
• Decrease rent delinquencies (Landlords have reported 92% reductions) and recover unpaid rent
• Reduce Tenant turnover and improve monthly cash flow

Get legal help

If you are having trouble with your tenant or your landlord and would like help, ask a lawyer now.

								
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