Ontario’s Landlord and Tenant Law

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Ontario’s Landlord and Tenant Law

LICENSED PARALEGAL
CONTACT US

Ontario’s Landlord and Tenant Law


A Filipino Lawyer and Filipino Licensed Paralegal can help you if you are planning to purchase a property and become an investor as a landlord, or if you have already bought one and would like to secure good guidance on how to manage and thrive in the real estate industry in Ontario.


Your journey should start with learning the laws and regulations, i.e., the Landlord and Tenant Act. Usually, the legal errors committed by landlords includes but are not limited to the following:




  • Unlawful clauses in a lease contract,

  • Not providing correct information to potential tenants,

  • Disregarding the rights of the residents,

  • Breaching the laws pertaining to eviction,

  • Failing to offer a secure space for the tenants, and

  • Unlawfully raising rent, etc.


The 2006 Residential Tenancies Act in Ontario deals with the rights and responsibilities governing the contractual relationship of the landlord and the tenant. The following is a detailed overview of the crucial things you need to bear in mind as a landlord in Ontario:

Landlord-and-Tenant-rights-and-Responsibilities-Paralegal-services-aj-law-llp-header-image-desktop-2

The Residential Lease Agreement


This Residential Lease Agreement is a contract used to carry out the terms of a residential rental arrangement between a landlord and a tenant, including the rights and obligations of either party. Whether the contract involves the rental of a space, residence, studio, condo, basement suite, duplex, mobile home, or town home, a residential lease may be used. There are specific cases, however, which are exempt from this provision, i.e., a unit in a retirement home, mobile homes, and social and supportive housing.


A good feature of this current lease prototype is that it is drafted using straightforward, plain language embracing the rental fee due and its due date, spaces and amenities covered by the rent i.e., parking, lockers and storage spaces, heater, air conditioning, water, etc., the responsibilities of the lord and tenant, and the rules pertaining to the use of the rental unit.


The Ontario Landlord and Tenant Act

The Landlord and Tenant Board (LTB) enforces the Residential Tenancies Act. In Ontario, the Landlord Tenant Act defines the rental rights that both renters and owners have when entering into a contract of lease.


The landlord: A landlord is the individual who is renting out his or her residential property in exchange for rental payments.


The tenant: A tenant is the party who agrees to pay rental fees to live in the leased premises for a specific amount of time as indicated in the residential tenancy agreement.


Both Landlord and the tenant have rights and responsibilities under the Landlord Tenant Act in Ontario. As a landlord, one must give the new tenant a copy of a brochure containing the tenants’ rights as prepared by the LTB, which includes description of the pertinent provisions in the Act and how to contact the LTB office. To get a copy or print one on-line you can visit the LTB offices or their service centers.

Ontario’s Landlord and Tenant Law


A Filipino Lawyer and Filipino Licensed Paralegal can help you if you are planning to purchase a property and become an investor as a landlord, or if you have already bought one and would like to secure good guidance on how to manage and thrive in the real estate industry in Ontario.


Your journey should start with learning the laws and regulations, i.e., the Landlord and Tenant Act. Usually, the legal errors committed by landlords includes but are not limited to the following:



  • Unlawful clauses in a lease contract,

  • Not providing correct information to potential tenants,

  • Disregarding the rights of the residents,

  • Breaching the laws pertaining to eviction,

  • Failing to offer a secure space for the tenants, and

  • Unlawfully raising rent, etc.


The 2006 Residential Tenancies Act in Ontario deals with the rights and responsibilities governing the contractual relationship of the landlord and the tenant. The following is a detailed overview of the crucial things you need to bear in mind as a landlord in Ontario:

Landlord-and-Tenant-rights-and-Responsibilities-Paralegal-services-aj-law-llp-header-image-desktop-2

The Residential Lease Agreement


This Residential Lease Agreement is a contract used to carry out the terms of a residential rental arrangement between a landlord and a tenant, including the rights and obligations of either party. Whether the contract involves the rental of a space, residence, studio, condo, basement suite, duplex, mobile home, or town home, a residential lease may be used. There are specific cases, however, which are exempt from this provision, i.e., a unit in a retirement home, mobile homes, and social and supportive housing.


A good feature of this current lease prototype is that it is drafted using straightforward, plain language embracing the rental fee due and its due date, spaces and amenities covered by the rent i.e., parking, lockers and storage spaces, heater, air conditioning, water, etc., the responsibilities of the lord and tenant, and the rules pertaining to the use of the rental unit.


The Ontario Landlord and Tenant Act

The Landlord and Tenant Board (LTB) enforces the Residential Tenancies Act. In Ontario, the Landlord Tenant Act defines the rental rights that both renters and owners have when entering into a contract of lease.


The landlord: A landlord is the individual who is renting out his or her residential property in exchange for rental payments.


The tenant: A tenant is the party who agrees to pay rental fees to live in the leased premises for a specific amount of time as indicated in the residential tenancy agreement.


Both Landlord and the tenant have rights and responsibilities under the Landlord Tenant Act in Ontario. As a landlord, one must give the new tenant a copy of a brochure containing the tenants’ rights as prepared by the LTB, which includes description of the pertinent provisions in the Act and how to contact the LTB office. To get a copy or print one on-line you can visit the LTB offices or their service centers.

Landlord-and-Tenant-rights-and-Responsibilities-Paralegal-services-aj-law-llp-thumbnail

The Rights of a Landlord in Ontario includes the following:




  • Collecting personal information (in accordance with the Ontario Human Rights Code)

  • Charging rent deposit and key deposit

  • Setting the rent amount (subject to certain rules)

  • Changing the locks (subject to certain rules)

  • Adjusting the rent (subject to certain rules)


The Responsibilities of a Landlord in Ontario includes, but are not limited to the following:

  • Observing the heating requirements

  • Providing a tenancy agreement to the tenants

  • Maintenance and repairs

  • Entering the rental unit without notice under certain circumstances, i.e., emergencies like flood or fire

Landlord-and-Tenant-rights-and-Responsibilities-Paralegal-services-aj-law-llp-thumbnail

The Rights of a Landlord in Ontario includes the following:




  • Collecting personal information (in accordance with the Ontario Human Rights Code)

  • Charging rent deposit and key deposit

  • Setting the rent amount (subject to certain rules)

  • Changing the locks (subject to certain rules)

  • Adjusting the rent (subject to certain rules)


The Responsibilities of a Landlord in Ontario includes, but are not limited to the following:



  • Observing the heating requirements

  • Providing a tenancy agreement to the tenants

  • Maintenance and repairs

  • Entering the rental unit without notice under certain circumstances, i.e., emergencies like flood or fire

Landlord-and-Tenant-rights-and-Responsibilities-Paralegal-services-aj-law-llp-thumbnail-2

Rights of the Tenants in Ontario


In the Residential Tenancies Act, all the privileges enjoyed by tenants in Ontario are outlined. This is a non-conclusive list of the most common rights that renters in Ontario need to remember while renting:



  • Fair use of the property, free from the landlord’s interference

  • With regards to any repairs or maintenance that may require access to the premises, prior reasonable notice must be given

  • Repairs and maintenance to be performed and completed within a fair span of time.

  • Staying in a property owned by the owner in a fair state of repair

  • Clear information on rules regarding rental payments

  • To be allowed access to all open spaces equally and in compliance with the terms of the lease agreement

  • If required, receive rent receipts, and

  • Reasonable notice for any leasing deal that has to be terminated for legitimate purposes

Landlord-and-Tenant-rights-and-Responsibilities-Paralegal-services-aj-law-llp-thumbnail-2

Rights of the Tenants in Ontario


In the Residential Tenancies Act, all the privileges enjoyed by tenants in Ontario are outlined. This is a non-conclusive list of the most common rights that renters in Ontario need to remember while renting:



  • Fair use of the property, free from the landlord’s interference

  • With regards to any repairs or maintenance that may require access to the premises, prior reasonable notice must be given

  • Repairs and maintenance to be performed and completed within a fair span of time.

  • Staying in a property owned by the owner in a fair state of repair

  • Clear information on rules regarding rental payments

  • To be allowed access to all open spaces equally and in compliance with the terms of the lease agreement

  • If required, receive rent receipts, and

  • Reasonable notice for any leasing deal that has to be terminated for legitimate purposes

The Residential Lease Agreement should contain:




  • The contact details of all parties and a description of the rental property;

  • Lease duration, how long the lease will be, and whether it will be extended indefinitely, or until either party gives notice, or whether it is a fixed period or expires on a set date and specifics of the notice;

  • Rental fee details, how much the rent price would be each month, whether services are included or need to be charged separately, how often the rent has to be paid weekly, biweekly, monthly or yearly, and whether there are any extra monthly fees, such as late payment fees, etc.;

  • Rules and responsibilities of the tenant and the landlord, maintenance, repair and care of the premises, and the expectations of all parties during the lease term;

  • If the landlord would authorize smoking, pets, home business or renovation of the rental property;

  • Information of the damage deposit namely how much the damage deposit is, and how it will be refunded if the tenant leaves upon termination of the lease;

  • Other specifics: other lease details, such as rent-to-own options, regulating law, terms of assignment and subscription, guest rules, safety conditions, insurance, etc.

Why should I use an agreement for a residential lease?

Having a lease agreement is advantageous as it specifically clarifies the responsibilities of all parties during a residential lease making each person know what is required of them. For instance, on the first of the month, the homeowner will be liable for paying rent, while the landlord is required to keep the property in good condition (by taking care of major repairs, etc.)


A lease also protects all parties from potential misunderstandings. The written and executed lease contract would show that the terms under it were accepted and recognized by all parties involved.


Ontario’s basic tenancy laws were provided in this article. However, please consider reaching out to us if you have more questions or if you need further explanation. AJ LAW LLP’s Filipino Lawyer and Licensed Paralegal will be happy to assist you if you have landlord and tenant issues. Avail of a free consultation with us and let a Filipino Lawyer and Paralegal at AJ Law LLP help you. Call us at +1 416 409-5991.