LAW 101

Landlord & Tenant Law

2018

Professor Jason H. Voss

<jvoss@uwo.ca>
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 Outline
1. Who to Contact?
2. The Residential Tenancies Act
3. Basic Procedure
4. Starting a Tenancy
5. Obligations of Landlords
6. Rights of Landlords
7. Obligations of Tenants
8. Rights of Tenants
9. Termination by Landlord

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 Outline
9. Termination by Tenant
10. Landlord’s Remedies
11. Tenant’s Remedies
12. Rent
13. Offences by Landlords

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 Who To Contact?
Landlord and Tenant Board

 Provides information on the Residential Tenancies Act

 Resolves disputes between landlords and tenants

Web: http://www.sjto.gov.on.ca/ltb/

Phone #: 1-888-332-3234

Address: Southwestern Regional Office

150 Dufferin Ave., Suite 400
London, ON N6A 5N6

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 Who To Contact?
Neighbourhood Legal Services

 Community legal clinic funded by LAO

 Provides free legal services to low income individuals
 Duty Counsel for Tenants (519) 850-3428
Address: Market Tower
507-151 Dundas Street
London, ON N6A 5R7

Phone #: (519) 438-2890

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 Who To Contact?
Community Legal Services

 Provides free legal services to low income individuals and

students of UWO and Fanshawe College
Address: Room 126 Faculty of Law, U.W.O.
London, ON N6A 3K7

Phone:(519) 661-3352

Web: http://law.uwo.ca/legal_clinics/community_legal_services/

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 Who To Contact?
Law Society Referral Service

 Gives referrals to a lawyer practicing in the relevant area

 30 minutes free consultation

Phone:1-855-947-5255

Web: https://lsrs.lsuc.on.ca/lsrs/

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Residential Tenancies Act (RTA)
 Provincial legislation enacted in 2006
 Applies to rental units in Ontario
 Governs relationship between landlords and tenants (not
tenant and tenant)
 Sets out rights and responsibilities of each
 Regulations, Statutory Powers Procedure Act, Rules of
Practice, Interpretation Guidelines, Case law

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Residential Tenancies Act (RTA)
What’s Covered:
 Only residential units (NOT commercial)
 Common exceptions (s. 5 - 8 RTA):
 Hotel, motel, cottage, bed and breakfast, hospital / long term care
 Non-profit co-op housing (only rent rules)
 Penal or correctional facilities
 Emergency shelter
 Units that require occupant to share a bathroom or kitchen
facility with the owner or owner’s spouse, child or parent (or
spouse’s child or parent if youre in this type of living situation
the residental tenancies act does not apply, this is what is
called a border, consider ur renting from someone who owns
the house but the renter also lives in the house, it doesn’t
apply because technically you arent a tenant youre a boarder9
Residential Tenancies Act (RTA)
Jurisdiction of the RTA:
 Landlord and Tenant Board hears disputes and makes
orders (administrative board)
 $ amount must be under $25,000 (s. 207 RTA)
 Dispute must be heard in a court if dispute is over
$25,000
 If the RTA does NOT apply, there are still protections
under the common law (Judge-made law) and/or other
statutes
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 Basic Procedure

Landlords and tenants should speak to each

other to resolve dispute

Tenants – Application with supporting docs. Filed

with Board – Board gives Notice of Hearing –
Tenant serves Application and Notice of Hearing
on Landlord – Possible Mediation – Hearing

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 Basic Procedure
 Landlords – Notice of Termination served
on Tenant (time to correct issue) – If no
correction - Application with supporting
docs. Filed with Board – Board gives
Notice of Hearing – Landlord serves
Application and Notice of Hearing on
Tenant – Possible Mediation – Hearing

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 Starting a Tenancy
A) The Application Process
 Tenancy Agreements / Leases can be written or oral
(always best to have written agreement so terms are
clear)
 Terms (length of tenancy)
 Tenancy begins when tenant is entitled to occupy unit (s.
13(1) RTA)
 Agreement takes effect even if unit is NOT occupied (s. 13(2)
RTA)

 Guarantors and co-signors

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 Starting a Tenancy

 Landlords may use income information, credit checks and references,

rental history, guarantees, etc.., but must follow Ontario Human Rights
Code Regulations (s. 10 RTA and O. Reg. 290 / 98 OHRC)

 O. Reg. 290 / 98 OHRC states the following:

 Landlords can request credit references and checks, and rental history
 Landlords can request income information, but only if it has also
requested credit references and checks, and rental history
 Landlords can require a guarantor for rent
 Landlords cannot refuse tenancy based on race, ancestry, place of
origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation,
age, marital status, family status, handicap or the receipt of social
assistance

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 Starting a Tenancy
 Method of acceptance of agreement can be oral or
written but there must be a “consensus ad idem”
 “Consensus ad idem”
 An agreement of parties to the same thing; a meeting of the
minds (Black’s Law Dictionary)

 Requirements for written tenancy agreements (s.12 RTA)

 Must set out legal name and address of the landlord (s. 12(1)
RTA)

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 Starting a Tenancy

 If the agreement is in writing:

 Landlord must give a copy of the signed agreement to the tenant
within 21 days of signing (s. 12(2) RTA)

 If the agreement is NOT in writing:

 Landlord must give tenant written notice of legal name and
address within 21 days after the tenancy begins (s. 12(3) RTA)

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 Starting a Tenancy

 If the landlord fails to comply:

 The tenant’s obligation to pay rent is suspended
 Landlord cannot require tenant to pay rent (s. 12(4) RTA)

 After the landlord complies:

 Landlord can require tenant to pay any rent withheld due to
landlord’s failure to provide the the agreement or legal name and
address (s. 12(5) RTA)

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 Starting a Tenancy

 “Void”
 Something is viewed as if it does not exist and never
existed

 Any term in a tenancy agreement that conflicts with

the RTA is a “void” term (s. 4 RTA)
 Acceleration clause “void”
 Provision in agreement that make the tenant pay extra
(often full amount of rent owing under remainder of lease)
for:
• Defaulting on paying rent
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 Starting a Tenancy
• Not carrying out some obligation
 S. 15 of the RTA makes this type of clause in agreement
“void”

 No pet provisions void

 Provision prohibiting the presence of pets in the rental unit
 Void under s. 14 of the RTA

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 Starting a Tenancy

 Mediated Settlements = Exception

 Board may attempt to mediate settlement of any matter that is
the subject of an Application
 Only if parties agree to mediation
 Mediated settlement may conflict the RTA (s. 193(3) RTA)
 Exception (to the exception): Limit on the amount that settlement
can increase rent

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 Starting a Tenancy

 Security of Tenure
 Tenancy may be terminated only in accordance with the RTA
(s. 37(1) RTA)
 Tenancy can only be terminated by:
• An order of the Board
• Agreement between tenant and landlord
• Through proper legal notice (not necessary if agreement
between tenant and landlord to terminate)

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 Starting a Tenancy

 Security deposits
 The only security deposit landlord can collect is a rent deposit (s.
105(1) RTA)
 Paid by a tenant and held by the landlord as security
 Usually to ensure the tenant lives up to certain obligations (rent,
no damage, etc…)

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 Starting a Tenancy

 Rent deposit
 A landlord can require a tenant to pay a rent deposit
 May only do so on or before the tenant enters into the tenancy
agreement – not after entering agreement (s. 106(1) RTA)

 Maximum amount
 Amount of deposit cannot be more than rent for one rent period
(whether weekly or monthly) (s. 106(2) RTA)

 Post-dated cheques
 Landlord cannot require a tenant to provide post-dated cheques
or automatic payment (s. 108 RTA)

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 Starting a Tenancy

 Additional charges prohibited (s. 134 RTA)

 Landlord may NOT:
 Collect a fee, premium, commission, penalty, key deposit or other
money (refundable or not)
 Make the tenant purchase goods or services as a rental condition
 Rent portions of a unit out at prices, when added together are
more than can lawfully be charged for the unit

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 Starting a Tenancy
 Exceptions to the rule against additional charges(O.
Reg. 516/06 RTA, s. 17):
 Payment for additional keys or cards requested by tenant
 Payment for replacement keys or cards requested by tenant
• Unless landlord, on personal initiative changed the locks
 Payment of a refundable key or card deposit
 Payment of NSF charges caused by a bounced cheque
 Payment of an administration charge, not greater than $20 for an
NSF cheque

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 Starting a Tenancy

 Exceptions to the rule against additional charges:

 Payment by a tenant or subtenant in settlement of a court action
or an application to the Board
 Payment of a charge not exceeding $250 for a transfer between
rental units in a social housing complex requested by tenant

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 Starting a Tenancy
Roommate Agreements
 Sets out legal obligations, responsibilities and remedies
 Tenants on one lease are “jointly and severally liable” to
landlord:
 Joint – all tenants responsible for the rent
 Severally – if one tenant does not pay, other tenants are
liable

 Enforcement
 What happens if my roommate does not pay?
 With joint and several liability, each tenant is responsible
 Can sue roommate in Small Claims Court to recover money
based on Roommate Agreement 27
 Obligations of Landlords
 Landlord’s responsibility to repair (s. 20(1) RTA)
 Must maintain residential complex and units In a good state
of repair; and
1. Be fit for habitation; and
2. Comply with health, safety, housing and maintenance
standards

 Application of Rule
 Applies even if tenant knew unit did not meet criteria before
entering into tenancy agreement (s. 20(2) RTA)

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 Obligations of Landlords
 Intention of S. 20 of the RTA
 To make Landlords responsible for maintaining complexes and
not transfer obligations to tenant

 Doesn’t matter if the Landlord has insufficient money

 Obligation extends to entire residential complex, e.g., rental unit,

facilities, common areas for tenants

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 Obligations of Landlords
 Standards - London Property Standards By-Law
 Provision of heat, hot water air conditioning:
• Where a landlord is responsible for heating/cooling
• Minimum temperature of 18°C from 11pm to 6am
• 20°C the rest of the time, from Sept 15 to June 15
 Pests – All buildings shall be kept free of rodents, vermin and
insects at all times.
 Garbage Storage and Removal – Specifics on where/how
garbage shall be stored and how often it should be removed
 Elevators – shall be maintained.
 Many other sections deal with doors, windows, screens,
plumbing and drainage

 RTA - O.Reg 517/06  Standards for areas without Property

Standards By-Law
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 Obligations of Landlords
 “Fit for habitation”
 If the state of disrepair, that by ordinary use, damage may be
naturally caused to the occupier, either in respect of personal
injury to life or limb or injury to health, the rental unit is
considered not reasonably fit for habitation.
 Not to be used to qualify “good state of repair”

 “Good state of repair”

 Very broad
 Anything capable of being repaired

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 Obligations of Landlords
 Landlord's responsibility re services (s. 21 RTA)
• Must not withhold or interfere with reasonable supply of any vital
service
• Applies to services the landlord is obliged to provide under the
specific tenancy agreement including:
• Vital services
• Care services
• Food

• If any of the above services are cut off as a result of the landlord’s
non-payment to a service provider, it is deemed that the landlord
has withheld the reasonable supply (s. 21(2) RTA)

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 Obligations of Landlords

 Duty to mitigate losses (s. 16 RTA)

• Where there is a breach of the tenancy agreement, the person
entitled to collect damages has a duty to take reasonable steps to
minimize the loss

 Example:
• A tenant signs a one year tenancy agreement and moves out after
a week
• Landlord may NOT leave the unit empty and claim rent for the year
• Must take active steps to try to rent the unit, e.g., newspaper
advertisement, showing the unit, etc…

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 Obligations of Landlords

 Reasonable enjoyment (s. 22 RTA)

• Landlord must not substantially interfere with the tenant’s
reasonable enjoyment of the unit

• Applies to all usual purposes of use by tenant

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 Obligations of Landlords
 What if Tenant 1 has a problem with Tenant 2?
 Tenant 2 does NOT owe a duty to Tenant 1 directly.. BUT
 Tenant 2 owes duties to the Landlord and other Tenants (s. 64)
 But only the Landlord can enforce them

 The Landlord owes a duty to Tenant 1 (s. 22)

 If the Landlord fails to remedy the problem with Tenant 2
Tenant 1 can file an application at the LTB against the Landlord
under s. 22
LL
s.22 s. 64

T1 X T2
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 Obligations of Landlords
 Landlord must not harass (s. 23 RTA)
 A landlord shall not harass, obstruct, coerce, threaten or
interfere with a tenant
 Disposal of property / vacated rental unit (s. 41 RTA)
 Landlord may sell, retain or otherwise dispose of property left in
a rental unit if it has been vacated under the following
circumstances:
a. There is Notice of Termination (from landlord or from tenant); or
b. There is an agreement to terminate the tenancy; or
c. Tenant is superintendent and no longer works for the landlord; or
d. An order of the Board terminating the tenancy or evicting the
tenant and 72 hours have passed since the order was enforced
Note: a Landlord shall make the property available at a location near the
rental unit during the 72 hour period

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 Obligations of Landlords
 Disposal of property / abandoned property (s. 42 RTA)
 Landlord may dispose of tenant property where unit abandoned
only if landlord obtains an Order terminating the tenancy or gives
Notice to tenant and Board of intention to dispose of property
 Can dispose of property after 30 days have passed from date of
Order or Notice
 Tenant may remove property within 30 days and landlord must
make the property available to tenant at a reasonable time and
location close to rental unit
 Landlord may require tenant to pay for arrears of rent and
reasonable out of pocket expenses for moving, storing property

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 Rights of Landlords
Entry to Rental Unit
 Entering without written notice (s. 26 RTA)

 Landlord may enter rental unit without written notice only:

• In emergency
• If tenant consents
• To perform housekeeping duties agreed to in tenancy agreement
• In order to show the unit to prospective tenants -only if Notice to
Terminate given (or agreement), only between 8 a.m.-8 p.m., and
only if attempts to notify tenant made

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 Rights of Landlords
Entry to rental unit
 Entering with written notice (s. 27 RTA)
• Landlord may enter with 24 hour advance written notice:
 To carry out repairs
 Show the unit to potential purchaser, architects, or engineers
 To determine if the rental unit is in a good state of repair, fit for
habitation, or to ensure compliance with relevant housing and
maintenance standards
 For any other reasonable reason set out in tenancy agreement
• Notice shall specify reason, date and time, and entry must be
between 8 a.m. and 8 p.m.

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 Obligations of Tenants
 Ordinary cleanliness of premises (s. 33 RTA)
 Tenant is responsible for ordinary cleanliness of the rental unit
unless tenancy agreement requires landlord to clean it

 Tenant’s responsibility for damages (s. 34 RTA)

 Tenant is responsible for repair of “undue damage” (general
wear and tear is not undue damage)
 Damage must be cause by wilful or negligent conduct
 Damage must be caused by tenant, other occupants, or
persons allowed in the unit

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 Obligations of Tenants
 No illegal acts on premises (s. 61 RTA)
 No illegal acts, businesses, or occupations in the unit
 Applies to the tenant or another occupant or permitting another
person
 Landlord may give tenant Notice of Termination
 Notice must set out grounds and date of termination
• Not less than 10 days for involvement of illegal drugs
• Not less than 20 days for all other offences (odd?)
 Offence must have some effect on the tenancy
 Offence must occur in the rental unit/rental complex
 Tenant can be found to have committed illegal act even if no
prosecution or conviction
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 Obligations of Tenants
 Non-harassment of landlord (s. 36 RTA)
 A tenant must not harass, obstruct, coerce, threaten, or
interfere with a landlord

 Misrepresentation of Income in Social Housing

(s. 60 RTA)
 Landlord can give a tenant living in a social housing rental unit
a notice of termination of the tenancy if the tenant has
knowingly and materially misrepresented his or her income or
that of other family members living in the unit

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 Obligations of Tenants
 No impairment to safety of other occupiers or
tenants (s. 66 RTA)

 Must not do something (or omit to do something) in the

residential complex to seriously impair the safety of any person
 Applies to tenant, occupant or any person permitted in the unit
by tenant
 Landlord may give tenant Notice of Termination (10 days)

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 Obligations of Tenants
 No
overcrowding of rental premises (s. 67
RTA)
 Number of persons occupying rental unit must not create a
violation of health, safety, or housing standards
 Landlord can give tenant a Notice of Termination
(7 and 20 days)

London Property Standards By-Law

4.8.7 Occupancy - Maximum
The maximum number of residents in a dwelling unit or
lodging house shall not exceed one (1) person per 9.3 m2
(100 ft2) of habitable floor space.

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 Obligations of Tenants
 No substantial interference with reasonable enjoyment
of other tenants (s. 64 RTA)

• Tenant must not interfere with reasonable enjoyment of the

residential complex by landlord or another tenant
• Tenant must not interfere with lawful right, privilege or interest
of landlord or another tenant
• Landlord may give Notice of Termination (7 and 20 days)
• Recall that this section is used for landlord to deal with a
complaint from one tenant about another tenant

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 Obligations of Tenants

 Exception – Landlord in a Small Building (s. 65 RTA):

 The termination date in the Notice to Terminate is 10 days (not
20 days) and there is no remedy option (7 days for larger
buildings) if the landlord resides in the same building as the
tenant and there are not more than 3 rental units in the building

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 Rights of Tenants
 Security of Tenure (s. 37 RTA)
 Tenancy may be terminated only in accordance with the RTA
 Tenancy can only be terminated by:
• An order of the Board
• Agreement between tenant and landlord
• Through proper legal notice (not necessary if agreement between
tenant and landlord to terminate)

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Security of Tenure (s. 38 RTA)
- If tenancy agreement for a fixed term ends (e.g., 1 year tenancy
agreement / lease) and has not been renewed or terminated the
tenant has security of tenure, i.e., tenancy is NOT terminated
- Landlord and tenant are deemed to have renewed agreement with
same terms and conditions as expired tenancy agreement / lease
- Tenant becomes month to month tenant

Note: Subject to increases in rent in accordance with the RTA

48
 Rights of Tenants
 Lock changes (s. 24 and 35 RTA)
 Landlord shall not change the locking system on a door to the
complex or unit without giving tenant replacement keys
 Tenant may not change locking system without Landlord
consent

 Right to have Pets (s. 14 and 76 RTA)

 “No Pet” provisions in tenancy agreements are void

 However…

49
 Rights of Tenants
 Bad pets can get a tenant evicted
 Landlord may give Notice of Termination to tenant if tenant’s
pet interfered with the landlord’s or another tenant’s reasonable
enjoyment or safety (as defined in RTA)

 The Board will not terminate tenancy due to animal unless:

a. Past behaviour of an animal of that species has caused
substantial interference, and the animal in question contributed to
the interference; or
b. The presence of an animal of that species has caused a serious
allergic reaction in the landlord or another tenant and the animal
in question contributed to the reaction; or
c. The presence of an animal of that species is inherently
dangerous to the safety of the landlord or other tenants

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 Rights of Tenants
 Subletting and assignment (s. 95-98 RTA)
 A tenant may assign or sublet a rental unit to another person
with consent of landlord
 Legal effect differs between assignment and sublet

 Assignment: New tenant (assignee) steps into the legal

relationship and has all rights and obligations as a tenant and
the relationship between the old tenant and landlord is ended

 Sublet: New tenant (sub-tenant) is liable to the tenant and the

tenant remains in the legal relationship with the landlord

 A landlord must not arbitrarily or unreasonably refuse or

withhold consent to the assignment or subletting of the unit
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 Rights of Tenants
 Subletting and assignment
 Tenant can apply to the Board for an order authorizing the
assignment or subletting if the landlord arbitrarily or
unreasonably refused

 A tenant can give the landlord a Notice of Termination (30 days)

if the landlord refuses to consent to the assignment – no similar
provision for sublet

 The landlord may charge the tenant for reasonable out-of-pocket

expenses incurred in giving consent to an assignment or
subletting

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 Rights of Tenants
 Interest on security deposit (s. 106 & 120 RTA)
 Landlord shall pay interest to tenant yearly on the amount of rent
deposit at a rate equal to the Guideline in effect at the time
payment comes due
 Guideline rate changes annually
 Calculated as a percentage change from year to year in the
Consumer Price Index for Ontario and capped at no more than
2.5%
 Same percentage as the allowable rent increase – 1.5% in 201
and 1.8% in 2018
 Deducting interest owed off the rent
 If the landlord does not pay the tenant the interest when it
comes due, the tenant may deduct the amount of the payment
from the next rent payment

53
 Rights of Tenants
 Distress is abolished (s. 40 RTA)

 “Distress” was a legal way that a landlord could take a

tenant’s property if the rent was not paid
 RTA abolished distress

54
 Termination by Landlord
 General Termination (s. 37 RTA)
 Tenancy can only be terminated in accordance with the RTA
 A Notice of Termination is not required if the landlord and
tenant agree to the termination (tip – get in writing + copy)
 An agreement to terminate the tenancy cannot be made prior
to or at the time of entering into the tenancy
 Different rules apply when units are operated or administered
by or on behalf of a post-secondary institution – the post-
secondary institution and tenant can agree to terminate prior
to or at the time of entering into the tenancy

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 Termination by Landlord
 Requirements of Notices to Terminate (s. 43
RTA)
 A Notice of Termination must be in the proper form approved of
by the Board, and must:
(a) identify the rental unit for which the notice is given;
(b) state the date on which the tenancy is to terminate;
(c) be signed by the person giving the notice, or the
person's agent
 If the landlord is giving the notice, it must also set out reasons
and details of the termination, and inform the tenant that:
a) if he or she does not vacate the unit, the landlord may
apply to the LTB for an order evicting the tenant, and
b) if the landlord applies for such an order, the tenant is
entitled to dispute it at the LTB
(c) state that if the tenant vacates on the date set out in the
notice, the tenancy is terminated on that date
56
 Termination by Landlord
A) Non-Fault Grounds
 Landlord requires unit (s. 48 RTA)
 Landlord (must be an individual) can give Notice of Termination
(60 days and end of term) if landlord “in good faith” requires
possession of the unit for the purpose of residential occupation
for at least 1 year by:
a. The landlord
b. The landlord’s spouse
c. A child or parent of the landlord or landlord’s spouse
d. For personal use by person that provides care services for the
landlord or the landlord’s family
 Board can only terminate if landlord files Affidavit from person
who requires rental unit

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• If the tenant receives such a Notice, the
tenant may respond with a Notice terminating
the tenancy at any time before the date
specified by the landlord, but at least 10 days
after receiving landlord’s Notice

• Landlord must pay 1 month’s rent or offer

tenant another rental unit accepatable to
tenant if Notice given under s. 48

• Payment by landlord must be paid on or prior

to termination date on notice (s. 55.1 RTA)

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 Termination by Landlord
A) Non-Fault Grounds
 Purchasing landlord requires unit
(s. 49 RTA)
 Pertains to a residential complex of 3 units or less
 If new landlord intends to move in personally or intends for
spouse, child, or parent or caregiver to one of them to move
in landlord can give Notice of Termination (60 days and at
end of term)
 Tenant may respond with Notice terminating the tenancy, but
must be at least 10 days after landlord’s Notice was given
 Landlord must file Affidavit with Board from person who
personally requires unit

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 Termination by Landlord
A) Non-Fault Grounds
 Demolition, conversion, repairs (s. 50 RTA)
 Landlord may give Notice of Termination (120 days and at end
of term) if landlord requires possession of the rental unit in
order to:
(a) demolish it;
(b) convert it to use for a purpose other than residential

premises; or
(c) do repairs or renovations to it that are so extensive that they
require a building permit and vacant possession of the rental unit
 Notice must also inform tenant that he or she has a “right of
first refusal” to occupy the unit after the renovations
 Tenant may give landlord Notice to Terminate after receiving
landlord’s notice, but tenant’s Notice must be at least 10 days
after receiving landlord’s Notice
60
 Termination by Landlord
B) Fault Grounds

 Persistent late payment of rent (s. 58 & 44 RTA)

 A landlord may give tenant a Notice of Termination (60 days) if
the tenant persistently fails to pay rent on the due date
 Notice is effective at end of term if given during a fixed term
tenancy (lease)

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 Termination by Landlord
B) Fault Grounds

 Non-payment of rent (s. 59 RTA)

 If a tenant fails to pay the rent lawfully owed landlord may give
tenant a Notice of Termination (14 days)
 Notice must set out the amount of rent due
 Shall specify that the tenant may avoid the termination of the
tenancy by paying the rent due before termination date –
Notice becomes “void”

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 Termination by Landlord
B) Fault Grounds
 Undue Damage (s. 62 RTA)
 Tenant or a person tenant permits in unit must not wilfully or
negligently cause undue damage to the rental unit
 Landlord may give tenant Notice of Termination (20 and 7
days)
 Notice must set out grounds
 Must require the tenant to pay the landlord the cost of repairs
or replacement within 7 days of Notice
 If tenant pays within 7 days, the Notice of Termination is void

63
 Termination by Landlord
B) Fault Grounds
 Serious Undue Damage (s. 63 RTA):

 Notice of Termination may be given with only 10 days notice if

tenant or a person who to the tenant permits in the unit:
a) Willfully causes undue damage to the unit or complex; or
b) Uses the unit or complex in a manner that is inconsistent with the
use as a residence and causes or can reasonably be expected to
cause damage significantly greater than damage required to give
notice under section 62

 Tenant has no opportunity to remedy the situation by paying the

landlord cost of repair

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 Termination by Landlord
B) Fault Grounds
 Other fault grounds:
 Overcrowding (s. 67 RTA)
• Notice to Terminate (20 and 7 days) can be given if number of
persons occupying rental unit is a violation of health, safety, or
housing standards
 Interference with reasonable enjoyment (s. 64 RTA)
• Notice to Terminate (20 and 7 days) can be given if tenant interferes
with reasonable enjoyment of the landlord or another tenant
 Safety (s. 66 RTA)
• Notice to Terminate (10 days – no remedy period) can be given if
the tenant does anything in the complex to impair the safety of any
person
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 Termination by Landlord
B) Fault Grounds
 Further contraventions (s. 68 RTA)
 Some Notices of Termination for fault grounds can become void
if the tenant complies with the terms of the Notice within a
specified time period
 Landlord can give new Notice within 6 months after previous
Notice has become void if grounds for termination arise for:
• Illegal act (s. 61 RTA)
• Undue damage (s. 62 RTA)
• Reasonable enjoyment (s. 64 RTA)
• Overcrowding (s. 67 RTA)
 Notice period is 14 days and no option to remedy

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 Termination by Tenant
 Termination of tenancy, periods of notice (s. 43,
44 &47)
 Unless agreement to terminate tenancy exists, tenant must
provide written Notice of Termination to landlord
 Tenant can only terminate fixed term tenancy effective at end of
the fixed term (end of lease)
 Tenant can terminate other tenancies effective at end of rental
period (last day of period – month’s end)
 Both situations require 60 days notice
 Notice given on January 1 is deemed effective for last day of
February
 Notice given on February 1 is deemed effective for last day of
March

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Termination by Tenant – Victim of Violence / Abuse (s. 47.1
– s. 47.4 RTA)

 New law in force September 2016

 Goal is to offer greater protections for tenants who are victims of
violence and / or abuse
 Tenant can terminate tenancy (month to month or fixed term) on 28
days notice if the tenant or a child residing with the tenant is
“deemed” to have suffered violence or another form of abuse
 Tenant or child “deemed” to have suffered violence or abuse if:
 Tenant or child are the subject of a s. 810 C.C. Order (Peace Bond) made within
90 days of giving notice; or
 Tenant or child are the subject of a Restraining Order under the F.L.A. or
C.L.R.A. made within 90 days of giving notice; or
 Tenant provides Statement alleging violence or abuse (or threats)
 Tenant must believe he or she or the child may be at risk of harm or injury if he or
she or the child continue to reside in the rental unit

68
 The subject of the Statement / accused must be one of:
 Spouse or former spouse of tenant (married or common law); or
 A person who is or was in a dating relationship with tenant; or
 A relative of the tenant or child who resides with the tenant who lives in the rental
unit

 Joint tenant can use provision to terminate entire tenancy if Notice

of termination given jointly with other joint tenants otherwise joint
tenant who meets violence / abuse test can terminate just his or her
interest in the tenancy

 Special rules surrounding confidentiality of this type of notice and

documents, e.g., unit cannot be shown to prospective tenants during
notice period (unlike “routine” termination)

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 Landlord’s Remedies

 Recovery of possession (s. 39 RTA)

 A landlord shall not recover possession of a rental unit

subject to a tenancy unless,
a) the tenant has vacated or abandoned the unit; or
b) an order of the Board evicting the tenant has authorized the
possession: s. 39 RTA.

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 Landlord’s Remedies
 Interpretation Guideline
 What constitutes abandonment?
 A unilateral act by the tenant to relinquish their tenancy and give up
possession of the rental unit without properly giving notice of the
termination to the landlord.

 Evidence of Abandonment
 Must be substantial evidence of abandonment before the landlord can
re-rent the unit or deal with the property remaining in the unit
 More evidence than overdue rent is needed
 There are circumstances where the evidence is clear, e.g., the tenant
may tell the landlord that he or she is moving out.

71
 Landlord’s Remedies
 Evictions (s. 80-85 RTA)

Expiry date of order (s. 81 RTA)

An order of the Board evicting a person from a rental unit
expires 6 months after the day on which the order takes
effect if it is not filed within that time with the sheriff in the
area where the rental unit is located

72
 Landlord’s Remedies
 Board Refusal or Postponement of Eviction (s. 83
RTA)
 The Board has power to refuse to evict a tenant, or to
postpone eviction, despite any other section of the act,
unless the Board is satisfied that it would be unfair to refuse
to evict the tenant

 Specific situations exists where the Board will refuse to evict

a tenant e.g., landlord in serious breach of responsibilities,
eviction motivated by tenant forming tenants’ rights group or
complaint re: maintenance, etc…

73
 Landlord’s Remedies
 Arrears of rent (s. 87(1) RTA)
 A landlord may apply to the Board for an order for the
payment of arrears of rent if:
(a) the tenant has not paid rent lawfully required under the
tenancy agreement; and
(b) the tenant is in possession of the rental unit
- If tenant is out of possession the landlord must sue in Small Claims Court
 Overholding tenant (s. 87(3) RTA)
 If a tenant remains living in a rental unit after the tenancy has
been terminated, the landlord may apply to the Board for an
order for the payment of compensation

74
 Landlord’s Remedies
 Unauthorized occupant (s. 100 RTA)
• A landlord can apply to evict an unauthorized subtenant /
assignee from a rental unit
• A landlord may also apply to the Board for an order for the
unauthorized subtenant / assignee to compensate the landlord
for the use of the unit
• The application must be made within 60 days of discovering
the unauthorized subtenant / assignee, otherwise sub-tenancy /
assignment stands

75
 Landlord’s Remedies
 Compensation for damage (s. 89 RTA)
 A landlord may apply to the Board for an order for
compensation for undue damage to the unit or complex caused
wilfully or negligently by the tenant, occupant, etc…

76
 Tenant’s Remedies
 Orders possible from the LTB
 A tenant or former tenant of a rental unit may apply to the Board for
an order determining that the landlord (or agent):

1. Arbitrarily or unreasonably withheld consent to the assignment

or sublet of a rental unit
2. Breached the obligation to keep the unit in a state of good
repair
3. Has illegally entered the rental unit
4. Has altered the locking system during the tenant's occupancy
of the rental unit without giving the tenant replacement keys

77
 Tenant’s Remedies
5. Withheld or deliberately interfered with the reasonable supply
of any vital service, care service or food that it is the landlord's
obligation to supply under the tenancy agreement

6. Substantially interfered with the reasonable enjoyment of the

rental unit or residential complex for all usual purposes by the
tenant or a member of his or her household

7. Harassed, obstructed, coerced, threatened or interfered with

the tenant during the tenant's occupancy of the rental unit.

8. Has given a notice of termination given to the tenant due to

the need of the unit by the landlord, the landlord's spouse or
same-sex partner or a child or parent of one of them in bad faith,
once the tenant has vacated the unit as a result of the notice

78
 Tenant’s Remedies
9. An order determining that a notice of termination on the
grounds that the rental unit was to be demolished, converted or
repaired or renovated, was not done within a reasonable time
after that termination, once the tenant has vacated the unit as a
result of the notice.

ss. 29(1), 57(1), 98(1) RTA

 Time limitation
 A tenant cannot apply for one of these orders more than one
year after the conduct in question has occurred

ss. 29(2), 57(2), 98(2) RTA

79
 Tenant’s Remedies
 Repair or habitability problems (s. 30(1) RTA)
 The landlord must keep the rental unit in a state of good repair
 If not, the Board may:
1. Terminate the tenancy
2. Order an abatement of rent (see below)
3. Order the cost of a repair made to be paid to the tenant
4. Order the landlord to make specific repairs
5. Order the landlord to pay a specific sum to the tenant as
compensation for costs the tenant has incurred or will incur
6. Make any other order that it considers appropriate

80
 Tenant’s Remedies

 Abatement of rent
 A monetary award expressed in terms of past or future rent
 May be a lump sum payment the landlord is ordered to pay
the tenant, which effectively orders landlord to give back part
of rent paid
 May be an order to allow the tenant to pay less rent by a
certain amount or percentage, or even to pay no rent, for a
specified time period.
 May be a combination of these

 In determining a remedy, the Board will consider whether the

tenant discussed the problem with the landlord before going
to the Board (s. 30(2) RTA)

81
 Tenant’s Remedies

 Remedies for other breaches (s. 31 RTA)

 Remedies for other wrongful conduct by landlord (withholding
vital service, interfered with reasonable enjoyment, harassed,
altered locks, illegally entered rental unit) include:

1. Termination of tenancy
2. Abatement of rent
3. Administrative fine up to $25,000
4. Landlord pay tenant cost for repairs to, or replacement of,
tenant’s property
5. Landlord cease engaging in wrongful conduct
6. Any other order the Board consider appropriate

82
 Rent
 Lawful rent: (s. 111 RTA)
 No landlord shall charge rent for a rental unit in an amount
that is greater than the “lawful rent” permitted under the RTA
 therefore rent is determined under the rules of the RTA

 Rent increases (s. 110 RTA)

 No landlord shall increase the rent charged to a tenant for a
rental unit, except in accordance with the RTA

83
 Rent
 Lawful rent (s. 113 RTA)
 The lawful rent for the first rental period for a new tenant under
a new tenancy agreement is the rent first charged to the tenant

 When someone moves into a new rental unit, the landlord can
set a brand new rent amount

84
 Rent
 12 month rule (s. 119 RTA)
 Landlord may increase rent charged to an existing tenant for a
rental unit only if at least 12 months have passed since the
date of the previous increase (if there was one) or since the
since the day the rental unit was first rented to that tenant

85
 Rent
 Notice of rent increase required (s. 116 RTA)
 Landlord must give 90 days written notice of intention to
increase rent, if the don’t then the increase is void.

 Contents of notice
 Notice shall be in a form approved by the Board and shall set
out the landlord's intention to increase the rent and the amount
of the new rent

 Increase void without notice

 An increase in rent is void if the landlord has not given the
notice required, and before the landlord can charge the
increase the landlord must give a new notice

86
 Rent
 Guideline increase (s. 120 RTA)
 No landlord may increase the rent charged to a tenant during
the term of their tenancy by more than the guideline except in
accordance with sections 121, 123, 126, 127 of the RTA

Guideline
 The Guideline Increase for 2017 is 1.5%
 The Guideline Increase for 2018 is 1.8%
 N.B. Guideline Increase cannot be greater than 2.5%

Publication of guideline
 The Minister shall have the guideline for each year published in
The Ontario Gazette not later than the 31st day of August of
the preceding year (s. 120(3) RTA)
87
 Rent
 Agreed upon increase (ss. 121 &122 RTA)
 A landlord and a tenant may agree to increase the rent above
the Guideline if,
(a) the landlord has carried out or will carry out a specified capital
expenditure in exchange for the rent increase; or
(b) the landlord has provided or will provide a new or additional
service in exchange for the rent increase
 An agreement to a rent increase shall be in the form approved
by the Board
 Must set out the new rent, the tenant's right to cancel the
agreement by giving written notice 5 days after signing it, and
the date the agreement is to take effect
 The agreed upon rent increase cannot be more than 3% of the
current rent, plus the rent increase Guideline
 A notice of the rent increase is not required
88
 Rent
 Tenant application (s. 122(1) RTA)
 A tenant (or former tenant) may apply to the Board for relief if
landlord and tenant agreed to an increase in rent in
exchange for a capital expenditure or for goods or services,
and

(a) the landlord has not kept his or her promises under the
agreement;
(b) the agreement was based on work that the landlord claimed to
have done but did not do; or
(c) the agreement was based on services that the landlord claimed
to have provided but did not do so

 Time limitation (s. 122(2) RTA):

 No application may be made under this section more than
two years after the rent increase becomes effective
89
 Rent
 Addition / reduction in services
 A landlord may increase the rent charged to a tenant at any
time if the landlord and the tenant agree that the landlord will
add :

1. A parking space.
2. A prescribed service, facility, privilege, accommodation or thing.

 The 12-month rule, and rule requiring notice of rent increases

do not apply to these rent increases

ss. 123 & 125 RTA; O. Reg 516/06, s. 16

90
 Rent
 Decrease in services, etc (s. 125 RTA)
 A landlord shall decrease the rent charged to a tenant for a
rental unit if the landlord and tenant agree that the landlord will
cease to provide either a parking space or any other service

 Coerced agreement void

 An agreement under section 121 or 123 of the RTA is void if it
has been entered into as a result of coercion or as a result of a
false, incomplete or misleading representation by the landlord
or an agent of the landlord (s. 124 RTA)

91
 Rent
 Increased operating costs (s. 126 RTA)
 A landlord may apply to the Board for an order allowing the
rent charged to be increased by more than the Guideline for
any of the rental units in a residential complex for:

1. An extraordinary increase in the cost for municipal taxes and

charges or utilities or both for the whole residential complex
2. Capital expenditures incurred respecting the residential complex
or one or more of the rental units in it
3. Operating costs related to security services provided in respect of
the residential complex by persons not employed by the landlord

When application made

 An application under this section shall be made at least 90
days before the effective date of the first intended rent
increase 92
 Offences
 S. 233-237 – set out possible charges
which can be laid against landlord related
to landlord’s obligations and tenant’s
rights
 Ss. 233 - 235 sets out a number of offences (mostly directed
at conduct by a landlord)
 Maximum penalty for an individual is $25,000 fine and for a
corporation is $100,000 (ss.238(1), 238(2) RTA)
 2 year limitation period (s. 239 RTA)

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 Offences
 Offences Prosecuted by the Rental Housing
Enforcement Unit
 Ministry of Housing and Municipal Affairs (not the Landlord
Tenant Board)
 Contact the Unit at 1-888-772-9277 or 416-585-7214.
 Unit at the Ministry of Municipal Affairs and Housing has the
power to investigate violations of the RTA.
 This includes issues of harassment of tenants by landlords
(as well as harassment of landlords by tenants!).
 While the Unit does prosecute some violations, it first tries to
resolve the problem through negotiations
 The Unit is separate from the Board.

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Offences by Landlord (chargeable)
 Filing a complaint to the Unit does not limit a tenant’s right to file
an application to the Board seeking redress for the same issue.

 For example, if a tenant is being charged an illegally high rent

they can apply to the Board for an order which will rebate the
money illegally collected.

 At the same time a tenant can file a claim with the Investigations
Unit that the landlord has violated the RTA by collecting unlawful
rents.
 It may be wise for a tenant to take both courses of action (an
application at the Board, and contacting the Investigations Unit)

95