If you’re a current student living off campus, remember that there are laws and regulations for both you and your landlord regarding your tenancy. Please familiarize yourself with the key aspects of the Residential Tenancies Act below and the common mistakes that landlords make.
Ontario Standard Lease
The Ontario Standard Lease is a template that all new leases must follow in order to make it easier for tenants and landlords to understand the lease, and to reduce the need for disputes to be resolved through the Landlord and Tenant Board hearings. Explore information about the Ontario Standard Lease.
Residential Tenancies Act
The Residential Tenancies Act sets out the rights and responsibilities of landlords and tenants who rent residential properties (Landlord and Tenant Board). *Note that this Act does not apply to those living in residence on campus.
If you require more detailed information about the law, please contact the Landlord and Tenant Board:
- Call the Board at 416-645-8080 or toll-free at 1-888-332-3234,
- Visit the Landlord and Tenant Board’s website
Common mistakes landlords make
The list below are common errors made by landlords that can have a negative impact on your stay. Know your rights and contact the Landlord and Tenant Board should you experience any of these situations.
This information is relative to accommodations that are covered by the Residential Tenancies Act (see above). For more information regarding whether or not your property is covered, please visit the Landlord and Tenant Board website.
Charging unlawful deposits
A deposit from a new tenant cannot be more than one month’s/week’s rent. This deposit cannot be used for anything but the last payment – not for cleaning or repairing.
Improperly Terminating A tenancy
A landlord can terminate a tenancy only for reasons allowed by the Residential Tenancies Act. A landlord must first tell a tenant in writing when they want the tenant to move out, regardless of the reason, by giving them a Notice to Terminate a Tenancy. Reasons allowed by the act include:
- not paying the rent in full,
- often paying the rent late,
- illegal activity,
- affecting the safety of others,
- disturbing the enjoyment of other tenants or the landlord,
- allowing too many people to live in the rental unit (“overcrowding”),
- not reporting income in subsidized housing
A tenant must tell their landlord in writing if they plan to move out, by giving a Tenant’s Notice to Terminate the tenancy. The last day the tenant plans to occupy the unit is called the termination date.
A daily or weekly tenant must give at least 28 days’ notice while a monthly tenant must give at least 60 days’ notice.
Renewing a Lease
A lease can be renewed (or a new lease made) if both parties agree. If a new agreement is not reached, the tenant may stay on a month to month or week to week basis, in which case the former lease rules will still apply.
Inappropriate Entry
A landlord can enter a unit without written notice if:
- there is an emergency, like a fire,
- the tenant allows the landlord in, or
- a care home tenant agreed in writing to let the landlord do “bed checks.”
A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m. if:
- the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning,
- a notice of termination has been given by either the landlord or tenant, or there is an agreement to terminate the tenancy, and the landlord wants to show the unit to a potential new tenant
A landlord can enter between 8 a.m. and 8 p.m., and only if 24 hours written notice is given to the tenant:
- to make repairs or do work in the unit,
- to allow a potential purchaser, insurer or lender to view the unit,
- to allow an inspection by an engineer or architect or similar professional for a proposed conversion under the Condominium Act;
For any reasonable purpose allowed by the rental agreement
Not Supplying tenants with a copy of the rental agreement
After a written agreement has been signed by both parties, a copy must be supplied to the tenant 21 days after the completion of the document. (Residential Tenancies Act, Part ii, section 8, sub section 2)
Violating human rights in tenant selection
It is illegal for a landlord, superintendent, property manager, or anyone acting in place of a landlord to harass or discriminate against a tenant or prospective tenant. .
Not Providing Vital Services
If your landlord is responsible on the lease for utilities, then tenants must be provided hot water at 45° C, heating to keep rooms at 21° C in winter, and electricity. If these vital services are not fully provided please call your landlord. Legislation requires that these items are provided.