Introduction to Tenant Rights
In Ontario, tenants have legal protections under the Human Rights Code and the Residential Tenancies Act (RTA), ensuring fair treatment and adequate living conditions. The Landlord and Tenant Board (LTB) oversees the enforcement of these rights, providing a platform for dispute resolution and ensuring that both tenants and landlords adhere to established regulations.
Before Renting
Landlords cannot refuse to rent to you based on race, place of origin, ethnic background, religion, sex, sexual orientation, gender identity, gender expression, family or marital status, disability, or age. For example, a landlord cannot decline your application because you are new to Canada or have children. Additional details on rental discrimination are available on the StepsToJustice.ca website.
Rights After Moving In
- Safe and Well-Maintained Home
Tenants have the right to live in a home that is safe and in good repair, even if they were aware of issues before moving in. Landlords are required to maintain the property and make necessary repairs on time. This includes ensuring that essential services such as heating, plumbing, and electrical systems are functioning properly. Tenants should report any maintenance issues to their landlord in writing and keep a copy for their records.
- Tenant Insurance
Tenants might be required to have tenant insurance as part of their lease. This insurance can protect them in case of accidents, covering related costs even if the tenant was not at fault. It is important to understand the insurance requirements specified in the lease agreement.
- Access to Essential Services
Tenants must have continuous access to heat, hot and cold water, electricity, and fuel (such as natural gas). Landlords cannot shut off these services, even if tenants have not paid their rent, although temporary interruptions for repairs are allowed. Payment responsibility for these services depends on the lease agreement.
- Heating Requirements
From September 1 to June 1, landlords must ensure the home is heated to at least 20°C. Some municipalities may have higher standards or different dates, so it’s advisable to check with local authorities to understand the specific heating requirements.
- Air Conditioning
If a rental unit has central air conditioning, some municipalities require landlords to maintain a maximum temperature of 26°C between June and September. This regulation ensures that tenants have a comfortable living environment during hot weather.
Privacy Rights
Tenants have the right to privacy in their rental homes. Landlords must provide at least 24 hours written notice before entering the rental unit, and entry must be for a valid reason, such as repairs, inspections, or to show the unit to prospective tenants. Entry should occur between 8 a.m. and 8 p.m. Tenants can refuse entry if the proper notice is not given or if the reason for entry is not valid.
Rent Increase Regulations
After the first 12 months of a lease, landlords can increase the rent once a year, within legal limits set by the government. Landlords must provide at least 90 days written notice before increasing the rent. In special cases, landlords can apply to the LTB for larger increases, usually due to significant repairs or upgrades. Tenants can dispute unfair rent increases by applying to the LTB.
Eviction Protection
Eviction can only happen for specific reasons, such as non-payment of rent, damage to the property, or illegal activities. If a landlord attempts to evict a tenant, the tenant has the right to a hearing with the LTB. The LTB ensures that evictions are carried out legally and fairly.
Family Rights
Tenants have the right to have children living with them and to make a reasonable amount of noise. This right ensures that families are not discriminated against or unfairly targeted for having children.
Documentation
Tenants are entitled to receive a written copy of their tenancy agreement, written notice of the landlord’s legal name and address, and rent receipts. Having proper documentation helps prevent misunderstandings and provides a clear record of the rental terms and conditions.
Summary
Tenant rights in Ontario are protected under the Human Rights Code and the Residential Tenancies Act. These rights include protection from discrimination, the right to a safe and well-maintained home, possible requirements for tenant insurance, guaranteed access to essential services, heating and air conditioning standards, privacy rights, regulated rent increases, eviction protection, family rights, and the right to receive proper documentation. Understanding these rights helps tenants navigate their rental experience and ensures they are treated fairly and respectfully.
Last modified: June 28, 2024
