What Tenants Need to Know about Residential Tenancies Act
The Residential Tenancies Act (RTA) are a set of laws for rules related to rental housing in Ontario. The RTA applies to most landlords of rent residential properties in the province, including apartments, condos, most mobile home parks and houses. Some people refer to the residential tenancies act informally as the landlord and tenancy act. The RTA protects both the landlord and tenant. It sets out the rights and responsibilities of both parties, and establishes a process for resolving disagreements.
Does the Residential Tenancies Agreement Apply to My Rental Unit?
The RTA applies to most landlords and tenants in Ontario. There are a few situations where the RTA does not apply:
– If your rental unit shares a common areas such as bathroom and kitchen with your landlord
– student residences, or correctional institutions or long term care home and retirement homes
– If you live in temporary or seasonal accommodations, such as a hotel room or cottage
– If you rent from a close family member who lives in the same house or apartment
What is the Landlord Tenant Board?
The Landlord and Tenant Board (LTB) is created by the RTA. The LTB is a tribunal that makes provides information about the rights and responsibilities of landlords and tenants under the RTA. The LTB can make decisions and address disputes between landlords and tenants. Both can submit an application if they think the other party did not follow the rules under the RTA and the LTB will hold a hearing to consider the application. For example, the LTB oversees issues such as eviction, cases where tenant abandons rental property, breaking other legally binding rental agreements.
The LTB’s power comes from the province of Ontario. This means that the LTB can only make decisions that follow provincial law. The LTB is impartial which means that it does not take sides in disputes. The LTB is not a court of law, but it uses legal procedures.
Important Areas Covered under the RTA
The rental units are covered by RTA are under these obligations regardless if the if the rental agreement conflicts with the RTA or if the tenancy agreement is not in writing. In short, the RTA is above the rental agreement in the case of a conflict. We will cover a few popular areas.
Written Agreement and Rent Deposits: Landlord can only collect a deposit on or before the date the tenancy agreement is entered into. The rent deposit cannot be greater than one month’s rent or rental period whichever is less, this will secure your space for the rental unit. Rent receipts must also be provided free of charge if requested for any rent or rent deposit paid. The landlord must provide you with a copy of the written lease within 21 days after you signed it and gave it to your landlord.
Rent Increases : RTA provides a guideline every year on the maximum a landlord can increase the rent. Rent can only be increased 12 months after the last rent increase or the date the tenancy began. Notice of 90 days must be given to the tenant.
For the year 2022 – the maximum rent increase is 1.2%. There’s a few instances where the Landlord can apply to the LTB for an increase above the guideline such as if the costs of municipal taxes increased significantly or they incurred a large amount of eligible capital expenditures however most landlords usually only increase rent by the guideline amount.
Vital Services and Maintenance Standards: The RTA requires that landlords provide and maintain vital services in a good state of repair. These repairs include:
- Electrical wiring and plumbing
- Elevators
- Garbage removal
- Heating and cooling systems
- Hot and cold water
- Insect and vermin control
Landlords cannot shut off vital services or take your personal property if you do not pay rent. They must go through the LTB for the eviction process.
Tenant Rights – Privacy
24 hour written notice must be given to the tenant before the landlord plan to access the tenant’s unit. The written notice also needs to include
- the day and time of entry between 8 am and 8pm
- reason for entry
Exception to this rule is if the tenant allows the landlord to enter or if it is an reasonable emergency
Tenants Rights – Security of Tenure
Most leases in Ontario require a minimum fixed term rental period of one year long. After the lease ends the tenant can stay until they give their landlord proper notice to move out.
The landlord can only give tenant notice to end your tenancy under reasons allowed under the act. The landlord and tenant can also both agree to termination of the existing agreement and the tenant is allowed to move out.
Ending Your Tenancy
Generally you need to give 60 days of notice to end your tenancy agreements. If you need to leave sooner try speaking to your landlord. Housing demand is very high in Ontario so from personal experience and usually the landlord cant rent the property out for higher. Most landlords do not want headaches as much as tenants and if you have been a good tenant, make use of that landlord tenant relationship to negotiate an earlier termination.
Tenant’s Responsibilities: The RTA also outlines what tenants need to do. Most of it is straightforward like keeping the rental property clean or not damaging it beyond normal wear and tear.
- Allowing reasonable access to the landlord for repairs, inspections or to show the unit to potential new tenants
- Basic maintenance such as disposing garbage in a clean and sanitary manner
- Not making changes or alterations to the rental unit without landlords consent
- Repairing damaged caused by you or guests to the rental property
Conclusion
If you are a new tenant you may not have to deal with the Landlord Tenant Board, but it is always good to know your rights and responsibilities under the Residential Tenancies Agreement. It is important to remember that the RTA applies to most tenancy housing situations in Ontario and that there are a few situations where the RTA does not apply. If you have any questions about your rights or responsibilities, you can always contact the Landlord Tenant Board.
Related Sources:
What are the rental documents required for renting?
