Finding a new home is one of the most stressful parts of moving to a new country. The Canadian Centre for Housing Rights (CCHR) regularly works with new immigrants to Ontario who have questions about their rights as tenants, and with settlement organizations that offer information to new Canadians. This page provides key housing tips and resources to help newcomers who are renting in Ontario.
The resources listed below are all free to use. In addition to the list below, you can also call 211, which is a free 24-hour helpline that can connect you to thousands of community organizations across Ontario. You can also use their online directory: https://211central.ca/
Services in Ontario:
Services in Toronto:
While financially supported by The Law Foundation of Ontario, the Canadian Centre for Housing Rights is solely responsible for all content on this page.
This guide provides condominium boards with a clear overview of their obligations under Ontario’s Human Rights Code. It also informs condominium boards of their obligations regarding accessibility standards under the Accessibility for Ontarians with Disabilities Act (AODA).
In this guide, you’ll find information about:
This guide and adjoining sample policies offer a framework for housing providers to implement the principles of the right to housing. This is done through exploring their relationship to the right to housing and through the implementation of housing policies that expand their residents’ access to secure and adequate housing.
This resource was produced under the project entitled Housing Providers Implementing the Right to Housing in the Supportive Housing Sector. This project received funding from the National Housing Strategy’s Demonstrations Initiative. However, the views expressed are the personal views of the author and the Canada Mortgage and Housing Corporation (CMHC) accepts no responsibility for them.
This guide provides Ontario tenants living in condominiums with information on the unique issues they may face.
If you rent a condominium unit, your condominium’s governing documents, as well as Ontario’s Condominium Act, Residential Tenancies Act and the Human Rights Code interact to create the legal landscape in which you live.
Landlords and condominiums corporations both have certain obligations and duties that they owe to tenants. This guide will help you identify what legal rights you are entitled to and provide a brief overview of the laws governing your tenancy.
In this guide, you’ll find information about:
This informational pamphlet details the responsibilities of federal, provincial, territorial and municipal governments in Canada to work toward the progressive realization of the right to housing.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
This informational pamphlet outlines how governments can use the planning and development tools at their disposal to ensure that the right to adequate housing is realized. It also outlines key actions that governments should take to develop new approaches to planning and zoning to promote inclusive, vibrant communities that ensure adequate housing for all, and how individuals can engage in this process as well.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
In almost all the situations described below, it is a good idea to get legal advice or information.
The Canadian Centre for Housing Rights (CCHR) may be able to assist you depending on the kind of eviction you are experiencing. Learn more about our tenant services
You can also reach out to your local legal clinic to receive legal support and representation.
If you have a Landlord and Tenant Board (LTB) hearing you may be able to get assistance for the hearing from Tenant Duty Counsel.
Another program that may be able to assist is Pro Bono Ontario.
If you need to move because you or your child is experiencing domestic violence or sexual abuse, there is a special process available to you. This process will make it possible for you to end your tenancy early, whether or not you have a term rental lease (for example a one-year lease) or a month-to-month rental lease. With this process, you will be able to end your tenancy after giving 28 days’ notice.
This process is available to you if you or your child:
These acts must have been committed by your spouse, former spouse or someone who you lived with who is like a spouse, someone you are dating, or used to date, or someone you or your child is related to that you live with.
This process is also available to you if you or your child have been a victim of sexual violence, which can include psychological violence or threats of violence as well as harassment, stalking or exploitation.
In order to use this process to break your lease you must provide your landlord with:
On the N15 form, you should provide a date that is at least 28 days away, which will be the date you will terminate your tenancy.
Your landlord must keep this information confidential to protect you and your child’s safety. They cannot show the unit or even advertise it while you are living there, to avoid someone identifying that it is your unit being offered.
If other tenants are living with you and they do not sign the N15 form, they can continue to live in the unit or they can give a notice to end their tenancy as well.
The first question to ask is: what kind of rental lease are you currently in?
If you have a month-to-month lease, you must provide your landlord with 60 days’ notice that you will end your tenancy. The last day of the notice you give to your landlord must be the last day of the rental period. If you pay rent once per month on the 1st of the month, the last day of your notice must be the last day of the month. You can provide notice by using the Landlord and Tenant Board’s (LTB) N9 form “Tenant’s Notice to End the Tenancy.”
It is more complicated if you are in the middle of a term lease (for instance a one-year lease). If this is the case, you have a few options:
If you and your landlord agree to end your tenancy, you should both sign the LTB’s N11 form, “Agreement to End the Tenancy.”
You could also assign your tenancy to another tenant. In this case, another person takes over the rental agreement you have with your landlord. The terms of the lease stay the same, including the amount of rent charged. In order to do this, you will have to ask your landlord for permission, which you should do in writing. Your landlord must answer your request within 7 days. If they do not give you permission or if they do not answer within 7 days, you can then give your landlord a 30-day notice to end your tenancy using the LTB’s N9 form “Tenant’s Notice to End the Tenancy.”
Be aware that assigning your tenancy is different than subletting. If subletting, you will continue to remain on your lease. If you sublet your unit, you are still ultimately responsible for your unit and anything that could go wrong with it. For example, if your sub-tenant does not pay the rent, you will be responsible to pay the rent to your landlord.
Finally, there are some situations where you can apply to the LTB and ask them to let you out of your lease. For example:
Your landlord cannot make you move out simply because they are selling the unit you are renting. When a rental unit sells, the purchaser takes over the rental agreement, which means that the new purchaser cannot raise your rent any more than your unit’s previous owner would be allowed to by law. That said, if the purchaser of your unit or their close family member or caregiver is going to move into your unit, they may serve you with an N12 notice.
The N12 notice will be given to you at least 60 days before you are expected to move out. Your landlord must either offer you another acceptable unit to move into or pay you at least one month’s rent before the end of the 60-day period provided in the N12 notice.
If you receive an N12 notice, you can move out at any time by giving as little as 10 days’ written notice. If you do not move out, your landlord will have to bring an application to the Landlord and Tenant Board (LTB) to have you evicted. You can check this list to see if your landlord has made any errors in the N12 notice they gave you. Also, your landlord will have to file a declaration with the LTB from the purchaser declaring that they intend to live in your unit for one year. If there is an error in your N12 notice, or in your landlord’s declaration, you should tell the LTB at your hearing. You should also tell the LTB if you think your landlord is not being truthful about what the purchaser intends to do with your unit. Telling the LTB this may result in the LTB not allowing the eviction to occur.
If your landlord says that you have to move out because they, their family member, or their caretaker is going to move into your unit, first they must provide you with a Landlord and Tenant Board (LTB) form called an N12 notice. This notice will be given to you at least 60 days before you are expected to move out. Your landlord must either offer you another acceptable unit to move into or pay you at least one month’s rent before the end of the 60-day period provided in the N12 notice.
If you receive an N12 notice, you can move out at any time by providing your landlord with as little as 10 days’ written notice. If you do not move out, your landlord will have to bring an application to the LTB to have you evicted. You can check this list to see if your landlord has made any errors in the N12 notice they gave you. Also, your landlord will have to file a declaration with the LTB about why they need you to move out. If there is an error in your N12 notice, or in your landlord’s declaration, you should tell the LTB at your hearing. You should also tell the LTB if you think your landlord is not being truthful about what they intend to do with your unit. Telling the LTB this may result in the LTB not allowing the eviction to occur.
If your landlord plans to repair or renovate your unit, and if the repairs requires that your landlord obtain a building permit and for the unit to be vacant, your landlord will have to give you a Landlord and Tenant Board (LTB) form called an N13 notice. This notice must be given to you at least 120 days before you are expected to move out and the end date of the tenancy must be the last day of a term or payment period. If you receive an N13 notice you can move out at any time by giving as little as 10 days’ written notice.
You have the right to move back in once the work is completed. This is known as the right of first refusal. If you would like to move back in, you should inform your landlord in writing before you move out. If you do this your landlord has to offer the unit back to you when the work is complete at the same rent that they could have charged if you had stayed in your apartment. If your landlord does not let you move back in, you can bring a T5 application to the LTB.
If the work was not ordered to be done by a government body, you are entitled to receive compensation or to be offered another unit. The amount your landlord must pay you depends on how big the building is, how long the renovations take and whether or not you have told your landlord you want to move back in. If your landlord does not pay you the compensation you are owed, you can refuse to move out, or bring a T1 application to the LTB.
You can decline to move out until an LTB hearing is held if:
Most Landlord and Tenant Board (LTB) hearings are now happening virtually, meaning that the LTB will use an online platform like Zoom to hold your hearing.
Hearings take different amounts of time, based on things like the number of witnesses, the issues at hand, and the evidence presented. Several hearings are scheduled for the same day so you should be prepared to wait for your case to be called, which may take the whole day. If you will be unable to attend the hearing yourself, you may send a representative if you provide written authorization to that person. The representative may then argue your case, or request to change the date of the hearing to another time when you will be available.
Before your hearing, you will have the opportunity to request a mediator and Tenant Duty Counsel. Mediators attempt to help landlords and tenants to come up with compromises that are acceptable to each party. Mediation is voluntary and confidential. Tenant Duty Counsel are legal professionals who help tenants for free on the day of their hearing. While you do not need an appointment to speak to either a mediator or Tenant Duty Counsel, you should arrive promptly at the start of your hearing to ensure that you have a chance to consult them before your file is called.
If you are representing yourself and you do not understand something that is being said, ask the LTB member to explain. While the LTB member cannot give you legal advice or tell you how best to present your case, they may slow down the proceedings or explain the process in more detail.
If you think that an online LTB hearing will be difficult for you to attend, you can file a Request for Accommodation to ask the LTB to give you an in-person hearing. The LTB might consider granting your request for an in-person hearing if you have a disability that would make an online hearing challenging for you, or if the hearing would be unfair because you do not have reliable internet or phone access. Additionally, in Toronto, Hamilton, London or Ottawa you may be able to use a hearing centre to connect to your LTB hearing. Both the Request for Accommodation and a request to use the hearing centres must be made in advance of your hearing, and are approved by the LTB on a case-by-case basis.
If you require language interpretation, or a disability accommodation, contact the LTB in writing to make those arrangements. Keep a copy of any letters you send to the LTB. It is prudent to arrange your own interpreter as well, and to speak to Tenant Duty Counsel before your hearing if you are not represented.
Once your case is called, the process will be as follows:
At the end of the hearing, the LTB member will either give their decision right away or “reserve their decision.” Reserving their decision means that they will take time to consider the evidence and arguments. In both cases, you will receive the decision in writing.
If you do not attend your hearing, the Landlord and Tenant Board (LTB) will probably make an order to evict you. It is very important that you get immediate legal advice. Please see the section above called “Where can I get legal advice about eviction” to find out where you can get help.
If you have missed your hearing and you would like to challenge the eviction, you must act very quickly. Here are a few different steps that you can follow:
You can also talk to your landlord and see if they will agree to let you stay. If they agree, be sure to get proof of this agreement in writing.
If you are locked out of your unit by the Sheriff, you will have 72 hours to arrange with your landlord to move your belongings out of your unit.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
This page was produced as part of the project entitled “Implementing the Right to Housing in the Supportive Housing Sector” which receives funding from the National Housing Strategy under the NHS Demonstrations Initiative. The views expressed are the personal views of the author and CMHC accepts no responsibility for them.
The affordable rental housing crisis in Ontario has forced many people to compete for the few places they can afford. Renters shouldn’t be forced into such situations, but many wonder how to make their rental application stand out. One way to do this is by including a renter cover letter with your application.
Before writing your renter cover letter, it’s important to understand how some information that you provide could be used to discriminate against you, potentially leading to a rejection of your rental application.
To help avoid discriminatory outcomes, the Canadian Centre for Housing Rights (CCHR) has developed this toolkit, including two cover letter templates, to help you put your best foot forward, while avoiding some of the pitfalls that can impact your rental application.
A renter cover letter is a way to introduce yourself to a landlord, and to tell them what makes you the tenant they should consider.
Our sample letters outline the types of information that landlords often request from prospective tenants, as well as some helpful information that you may want to provide to help your application stand out:
Unfortunately, there are very few affordable rental homes in Ontario for those living on lower incomes. Many renters are forced to compete with one another for the few places they can afford. Renters should not be forced into such situations, and the long-term solution is for our governments to solve the housing crisis and provide more deeply affordable housing options.
In addition to a lack of affordable housing, discrimination in housing is also unfortunately still present in Ontario. Sometimes, landlords’ or property managers’ prejudices can lead them to deny an apartment to a household inappropriately.
It is important to note that a cover letter will not change discriminatory behaviours or systemic discrimination. Ending discrimination on a systemic level requires cultural shifts in attitudes and better legal protections.
In the meantime, as we work to bring about systemic change, CCHR has designed this renter cover letter toolkit to help you put your best foot forward, while potentially avoiding some of the pitfalls that can impact your application to rent. You should consider our templates as rough guides which should be personalized with the information you are comfortable providing.
The Human Rights Code prohibits discrimination on many grounds, and it also provides rules on what a landlord is allowed to ask a renter about, with the aim of reducing discrimination.
The Code makes it illegal for landlords and property managers to discriminate against renters on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability and the receipt of public assistance. It is unlawful to discriminate against people in these groups even when they are applying for a place to rent.
In CCHR’s 2009 report, Sorry, it’s Rented, we found that discrimination in housing was widespread, affecting 14% to 34% of renters looking for a home to rent. Our study also found that where renters are members of more than one minority group, they face greater discrimination.
At the same time, the Code protects tenants by stating that, according to law, landlords are only allowed to ask potential renters for:
A credit reference is often a credit check but could also be a letter from a lender or acquaintance who can speak to a tenant’s credibility. Landlords are also allowed to ask about income information – but only after asking about the first three pieces of information. Income information can include information about the amount, source and steadiness of a potential tenant’s income.
Sometimes, even the information that landlords are explicitly allowed to request can be used in a discriminatory way. For example:
So, while landlords may use this information in deciding who to rent to, they must take care to not apply the information in a way that tends to systematically exclude particular groups. This can be especially true in places with a shortage of housing options, where landlords can choose who to rent to within a large pool of applicants.
A landlord is not permitted to use information about a protected characteristic (like gender, disability, sexuality, race or whether an applicant receives public assistance) to deny someone a place to rent. They also should not ask questions that give them information about those traits. If a landlord does ask a question that suggests they may illegally discriminate, you can use several potential responses.
Since landlords should not ask discriminatory questions, some advocates say those landlords are not owed a truthful answer. The decision of whether to be deceitful during the tenancy application process is a matter of individual conscience; however, there are risks to lying during a tenancy application and CERA does not condone being deceitful. Tenants thinking about being dishonest during a tenancy application should get legal advice about the risks of doing so.
In any of the above situations, it is prudent to take notes about the questions that you are asked so that you have evidence if you later want to complain about discriminatory conduct.
Since it is difficult to find an affordable place to live, renters should consider what type of housing search will work best for them. A renter who provides only the basic information that landlords are allowed to request under the Human Rights Code may be protected against discrimination, but they may have a harder time convincing non-discriminatory landlords to rent to them. In these instances, you may want to opt to provide more information, but this may lead to rejection of your application for discriminatory reasons, which is often hard to prove. Deciding what information to share is a very personal decision.
To account for this, we have produced two cover letter templates that can be adapted for many situations.
Contact information
Make sure to include your own email address and phone number, and any other contact information you are comfortable sharing.
Rental objective
This should be a brief 2-3 sentence statement about your goals in looking for a new rental. Talk about what you’re looking for, what your long-term goals are and why you are a good fit to live in this rental unit.
About me
This section is where you can introduce yourself. You can talk about your background and why you are moving, and if you have any pets or roommates. Try to include flattering information that makes you stand out, like being someone who is quiet, tidy and responsible. You may also include any accessibility accommodations you may need; however, this information could be used in a discriminatory way, and so you may choose to leave out this information.
Rental history and references
Include details about your rental history, including address, relevant dates, rent, and reasons for moving. Make sure you include your current / previous landlord’s contact information unless you do not want your new landlord contacting them. Include the names and contact information of 2-3 positive references. Former landlord references are best, but if those are not available, consider asking trusted employers, teachers or co-workers. You may also consider attaching a separate sheet with your rental history. Such a sheet may look like this:
My rental history:
| Address | Time Period | Monthly Rent | Reason for Moving | Landlord | Contact information |
| 12 Sesame Street, Toronto | 2013-2021 | $1020 | Change of Job | Patty Smith | 416-555-1111 Patty$#ith@gmail.ca |
Credit history
Landlords are allowed to ask for credit references and credit checks. You can order your credit report and score for free from one of Canada’s two credit reporting agencies. Credit references can include letters from business partners, or others who have made loans to you, or any other information that shows the landlord that you will pay your rent and other costs regularly. If you get a credit report, you can include it with your resume.
Proof of income
Once landlords have asked for rental and credit references, they are also allowed to ask for income information. The Human Rights Tribunal has held that landlords can ask for information like the amount, source and steadiness of a potential tenant’s income. Including this information in your renter’s cover letter allows you to frame that information in a way that works best for you. At a minimum, you should provide the current income your household receives, anything beyond that is your choice to disclose. You can also provide proof of income or make it available upon request. Proof of income could include pay slips/stubs, or an employment letter; but it can also include three months of bank statements. Sensitive information like the account number or your expenses can be blacked out by for instance photocopying a version that you have crossed out with a permanent marker.
Conclusion
In your conclusion you can summarize your objective again: that you are a tenant looking for a good apartment and are best suited to live in this home.
We have produced two cover letter templates that can be adapted for many situations. Check out our two templates and pick the one that is right for you:
This template includes lots of information that a landlord may request or be concerned with.
This template includes the minimum information that landlords are allowed to request under the Human Rights Code.
This informational pamphlet examines the issue of renovations and upgrading that lead to evictions from rental housing, which denies people their right to security of tenure – a key component of the right to housing. We outline how “renovictions” are playing out across Canada, and how advancing the right to housing can help to address these issues.
This pamphlet was produced by the Canadian Centre for Housing Rights (CCHR) and the National Right to Housing Network (NRHN).
As a tenant in Ontario, it is important to know which laws apply to the type of housing you live in. Some of the laws that may impact your tenancy are:
The Residential Tenancies Act (RTA) is a law that defines what landlords and tenants are, and sets rules around their rights and responsibilities, tenancy agreements, repairs and maintenance, eviction and tenancy termination, rent and utility costs, care homes, mobile home parks and land lease communities. It also outlines the administration and enforcement of the law and offences under the RTA.
The RTA also defines the role and function of the Landlord and Tenant Board (LTB) as the exclusive body responsible to determine how the RTA must be applied. If tenants have concerns about their landlord or their tenancy, they can file an application with the LTB. When landlords want to evict tenants, they must also file an application with the LTB.
The Housing Services Act (HSA) provides rules related to subsidies for people who live in subsidized housing. Tenants who live in most subsidized housing are protected under the RTA and the HSA, as well as any additional rules set by their service provider, which is typically their municipal government.
The Co-operative Corporations Act provides rules and regulations for people who live in co-operative housing. Other rules are found in each housing co-operative’s own by-laws. Members of housing co-operatives are not considered tenants under the RTA, but they still have some rights and responsibilities under it.
The Retirement Homes Act provides rules and regulations for people who live in retirement homes. These individuals are protected under the RTA.
The Ontario Human Rights Code protects individuals from discrimination when dealing with a private organization. The Code does not protect every type of unfair treatment. Instead, it identifies different grounds upon which individuals should not face discrimination. If a person is treated badly or unfairly but their treatment is not connected with one or more of the protected grounds, then it is not considered discrimination under the Human Rights Code even though the person may be significantly impacted.
The sixteen grounds that are protected when accessing housing are:
Municipal by-laws determine whether basement apartments are legal in a community, and they also establish residential property standards. For example, municipal by-laws can set rules for minimum temperatures in a home, as well as how many people can live in an apartment.
The Ontario Fire Code, Building Code and Electrical Safety Code each set standards related to the construction and safety of different types of buildings.
The Residential Tenancies Act (RTA) applies to most social housing in Ontario, including Rent-Geared-to-Income (RGI) housing. However, some parts of the RTA do not apply to tenants who live in social housing, such as the rules about rent increases and the rules about subletting or assigning a lease.
The Housing Services Act (HSA) is the law that governs social housing and RGI housing. The HSA also covers provincially-mandated community-based planning and the delivery of housing and homelessness services. Service managers (who are often municipal governments) and housing providers have the authority to make certain decisions under the HSA.
The HSA also outlines certain rights related to processes for determining eligibility for RGI housing such as:
Finally, each service manager has written policies and procedures that govern things like determining household income, rules for filling vacancies and for record keeping. In Toronto, these policies can be found in the RGI Administration Manual.
Ontario’s Residential Tenancies Act (RTA) sets the following rules related to rent and rent increases.
Rent amounts
When you enter into a rental agreement, there are no rules about how much your landlord can charge for rent. A landlord can charge a new tenant any amount they wish, even if the previous tenant paid much less. In other words, once a unit is vacated by a tenant, there are no rules in place to control how much rent a landlord can charge the next tenant who will occupy that same unit. This is known as “vacancy decontrol”.
Rent payments
Tenants are required to pay their rent in full and on time every month. If you consistently pay rent late, your landlord could apply to evict you.
Tenants are also required to pay rent each time it is due.
Tenants are not allowed to use their last month’s rent deposit to cover any other month except the last month they plan to stay in the unit. Read our FAQ on Starting a Tenancy for more information about rent deposits.
Rent increases
In most cases, a landlord can only raise the rent for an existing tenant once per year. A landlord must provide tenants with a written notice of a rent increase at least 90 days before the increase will take effect.
Rent increases for most units in Ontario are governed by the province’s rent increase guideline, which says that rents can only increase by a certain percentage for a given year. That percentage is calculated each year using the Ontario Consumer Price Index. Every year, the provincial government will announce the new rent increase percentage for that year.
It is important to know that the province’s rent increase guideline does not apply to the following types of renters and rental units:
Rent-Geared-to-Income (RGI) units, where rent is calculated based on income and household size.
Rental units that have only been occupied for the first time for residential purposes from November 15, 2018 or later.
Renters who are exempt from the RTA, such as those who share a kitchen or bathroom with their landlord.
These rules can be confusing and we recommend seeking legal advice if you are not sure if your rental unit is covered by the province’s annual rent increase guideline.
As a tenant, you have the right to decide who comes into your home and your landlord cannot control who visits you. Your landlord cannot raise your rent or charge an extra fee because you have guests. When you have guests in your home, you are responsible if their actions cause any negative impacts to the landlord’s property. For example, if your guest causes property damage, as the person who invited them to the property, you could be responsible for that damage.
The issue of guests becomes more complicated in Rent-Geared-to-Income (RGI) housing because rent is based on the income of tenants who live in the unit. In RGI housing, all tenants must be provided with a copy of the housing provider’s guest policy. A guest policy that does not allow any guests is not legal.
Pest control is a normal part of maintenance that all landlords must carry out in the interior and exterior of all properties.
In Toronto, large apartment buildings with three or more storeys and ten or more units have higher standards for pest control. In those buildings, once a landlord becomes aware of pests, they must:
Landlords of large apartment buildings in Toronto must post pest management plans including documentation of pest control services, a schedule, service standards, and product information related to pest control activity.
As a tenant you must allow your landlord or a pest control company to do their job so that pest control treatment can be done. This might include preparing your unit for treatment by moving furniture away from the wall or allowing a pest control company to enter your unit. If you need help to prepare your unit, you should tell your landlord. If you need help because of a disability, your landlord must accommodate you.
Requirements around the exact temperature and dates that units should be heated vary across Ontario and also depend on the type of housing. The standard temperature is around 20 degrees. In Toronto, rental units must be kept at a minimum of 21 degrees from September 15 – June 1. This rule does not apply to common areas.
If air conditioning is provided by your landlord and the air conditioning unit breaks, your landlord must repair it at their own cost because the air conditioner is considered to be part of your rental unit.
The rules around air conditioners are more complicated if the air conditioner is not provided by your landlord. The first step is to look at your lease. If your lease does not mention an air conditioner, you are allowed to have one. Your landlord could require that the air conditioner be safely installed, for instance by a professional. If your lease says that you, as a tenant, need permission to have air conditioning, you will be required to get permission from your landlord before installing an air conditioner.
Whether or not your landlord can charge a fee for air conditioning depends on who pays for electricity. If you pay for electricity, your landlord cannot charge a fee for air conditioning. If your landlord provides electricity in the lease, your landlord can charge you a fee for air conditioning. The amount charged cannot be more than the actual cost to your landlord and it must be “reasonable.”
Sometimes air conditioning is necessary as an accommodation for a tenant’s disability. For instance, if a tenant’s asthma is worsened by heat, an air conditioner could be an appropriate accommodation. In that case, your landlord may have to pay for the cost of the air conditioner, the electricity, or both.
There are a few circumstances when your landlord is allowed to enter your unit.
Your landlord may enter your unit to carry out renovations or maintenance. In these circumstances, your landlord must provide you with written notice that they plan to enter your unit, which must be given at least 24 hours in advance and include:
Your landlord may also enter your rental unit without notice:
A landlord’s agent, superintendent or a person hired by the landlord may also enter on the landlord’s behalf.
If you have informed your landlord about an issue with your tenancy – for example your landlord has broken a term of your lease or the Residential Tenancies Act – and your landlord has failed to correct the issue, you can bring an application against your landlord to the Landlord and Tenant Board (LTB).
Tenant applications can be made for things like neglected repairs, illegal rent charges, illegal entries to your unit, and other reasons. Generally, you must bring your application to the LTB within one year that the problem began.
After filing your application, the LTB will set a date for a hearing with you, your landlord, and an LTB member. At the hearing, you will have to present your claim showing that your landlord has broken the law. It is important that you bring evidence to convince the LTB that your claim is true, such as witnesses, photos or anything else that could help to prove your case. Any documents that you want to present during the hearing must be sent to the LTB and your landlord at least 7 days in advance of the hearing.
You can read more about tenant applications on the LTB’s website.
For more information, please get in touch with us.
Under the Ontario Human Rights Code, landlords are required to accommodate the needs of tenants with disabilities. There are many different kinds of disabilities that can each require different accommodations to be made. Some examples include:
Both landlords and tenants have duties and responsibilities that they must follow during the process of making an accommodation.
As a tenant requesting accommodation, you must:
Your landlord may request medical documentation, but you are not required to disclose specific medical diagnoses. If requested, medical documentation must provide enough information for your landlord to understand your limitations and need for accommodation. This documentation should be treated with confidentiality by your landlord, as it is personal health information which should not be shared.
In order to meet their responsibilities, your landlord must:
Undue hardship
Landlords have a duty to accommodate their tenant’s disabilities up to the point of “undue hardship.” This means that a landlord is only discharged of their duty to accommodate if they can show that:
If a landlord claims that making an accommodation would cause them undue hardship, they would be required to demonstrate to a court or tribunal that this is true, based on any or all of the three circumstances listed above. A court or tribunal can only consider these three circumstances in their decision as to whether or not an accommodation process would cause the landlord undue hardship. It is not the tenant’s responsibility to prove that the accommodation can be made without causing undue hardship. If a court determines that undue hardship would be caused, a landlord would not be required to make the requested accommodation. If undue hardship is not found to be a concern, the landlord would be required to make the accommodation.
If a landlord refuses to accommodate a tenant’s disability, the tenant has the right to bring an application to the Ontario Human Rights Tribunal to address the issue.
For more information about accommodations for a disability, please get in touch us.
Your landlord is responsible to repair and maintain your rental unit. This includes items that came with the unit, such as appliances, as well as common areas, such as parking lots and hallways.
The Residential Tenancies Act says that “A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.”
This obligation does not change even if you agreed to accept the unit “as is,” or you were aware of a problem when you moved in, or even if the lease says something else about repairs and maintenance. Your landlord is always responsible for repairs.
In most parts of the province, property standards are in place that landlords must follow. These can vary depending on where you live, but could include rules around garbage, heat, pest management, exits and the number of people who can live in a unit. In locations where no local property standards by-law exists, the provincial Regulation 517/06: Maintenance Standards applies.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
This page was produced as part of the project entitled “Implementing the Right to Housing in the Supportive Housing Sector” which receives funding from the National Housing Strategy under the NHS Demonstrations Initiative. The views expressed are the personal views of the author and CMHC accepts no responsibility for them.
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