To address the growing housing and homelessness crisis across Canada, the federal government is creating Build Canada Homes, a new housing agency responsible for building affordable housing and modernizing the construction industry. In August 2025, the government released a Market Sounding Guide to gather feedback from housing sector stakeholders on how Build Canada Homes should operate and support the development of affordable housing. Below, we outline our key recommendations to ensure that Build Canada Homes can effectively tackle the housing and homelessness crisis by taking an evidence- and human rights-based approach.
We welcome Build Canada Homes’ focus on affordable housing for low- and moderate-income families, including partnerships with non-market community housing developers and providers such as Indigenous, non-profit, co-operative, and public housing. This is critical to ensure those most impacted by the housing and homelessness crisis have access to housing that meets their needs and that public funding is directed toward the public good.
We strongly support the Market Sounding Guide’s principle that private investors do not disproportionately benefit from public investments. Over-reliance on the private sector has failed to produce housing that is affordable and accessible to those in greatest need. At the same time, fiscal and regulatory incentives have fueled the financialization of housing. Financialization refers to the treatment of housing as a commodity and investment vehicle to maximize profits rather than as a fundamental human right. Financialization has led to rising rents, poor maintenance and more evictions, disproportionately impacting low-income, racialized and other marginalized communities.
In line with a human rights-based approach, it is also encouraging to see that Build Canada Homes aims to align funding with housing outcomes, including affordability. The National Housing Strategy Act formally established Canada’s commitment to progressively realize the right to housing. This includes setting clear targets, timelines, monitoring and reporting mechanisms to end homelessness and core housing need in the shortest time possible by committing the maximum of available resources and utilizing all appropriate means.
In our recent submission to the Build Canada Homes consultation, we highlight three key areas that the federal government should prioritize to ensure Build Canada Homes meets the needs of those most impacted by the housing and homelessness crisis.
1. Prioritize and maximize investments in the community housing sector by:
2. Uphold all elements of the right to adequate housing by:
3. Commit to robust monitoring and accountability mechanisms by:
We continue to engage closely with federal contacts on our recommendations. Together with sector partners, we are urging the government to adopt evidence- and rights-based solutions to the housing and homelessness crisis through Build Canada Homes. The government has also committed to providing ongoing engagement opportunities, with a focus on Indigenous partners.
We will monitor updates on the launch of Build Canada Homes over the coming weeks and months. We welcome individuals and organizations to reiterate and amplify our recommendations to ensure Build Canada Homes prioritizes the development and preservation of truly affordable housing through a human rights-based approach.
To inform the development of its 2025 budget, the federal government is holding a series of consultations to gather ideas and input from the public. The 2025 budget comes in the midst of deep social and economic turmoil across the country, which has been magnified by a trade war with the United States. Meanwhile, we continue to face an escalating housing and homelessness crisis, which is disproportionately impacting communities already facing barriers to socioeconomic justice and equity. Below, we outline the current context in Canada, our recommendations for the 2025 federal budget, and ongoing advocacy opportunities to urge the government to take an evidence- and human rights-based approach to tackle the housing and homelessness crisis.
Across the country, renters are facing increasingly precarious conditions, including excessive rents, unfair evictions, renovictions, demovictions, disrepair, discrimination, and many other issues. While rental housing supply and vacancy rates are increasing across the country, this has not translated into greater affordability, as new units are too expensive for low- and moderate-income renters and are not leading to meaningful reductions in rent prices. Instead, rents continue to rise year-over-year. Excessive rent increases, demolitions and conversions mean we are not only losing affordable housing faster than we can build it, we are also seeing an alarming increase in homelessness. In response, some provincial and municipal governments are taking misguided approaches that criminalize people experiencing homelessness, rather than building and protecting affordable housing and providing necessary health, income, and other socioeconomic supports.
When renters have safe, secure, and affordable homes, they have stronger social and economic outcomes, from better physical and mental health to greater productivity and economic participation. From both a moral and fiscal perspective, building and protecting affordable housing – and the people who live there – is paramount to addressing the rising rates of housing precarity, displacement, and homelessness across the country.
It was promising to see an ongoing focus on the housing and homelessness crisis throughout the 2025 federal election campaign, including recognition of the active role that all levels of government must play to tackle the crisis. To ensure a healthy, equitable, and sustainable future for all, the federal government must prioritize those most impacted by the housing and homelessness crisis: renters and people experiencing homelessness.
In our recent submission to the first 2025 federal pre-budget consultation held by the Standing Committee on Finance (FINA), we highlighted five key areas requiring urgent and sustained government action to ensure that everyone in Canada has a safe, secure, and affordable place to call home.
1. Provide immediate support to renters and people experiencing homelessness by:
2. Protect renters from excessive rents and unfair evictions by:
3. Build and protect deeply affordable housing by:
4. Combat the financialization of housing by:
5. Uphold housing as a human right by:
We are continuing to engage closely with our federal contacts and sector partners to urge the government to adopt evidence- and rights-based solutions to the housing and homelessness crisis in the 2025 federal budget. Following the initial FINA consultation, we encourage individuals and organizations to participate in the second pre-budget consultation held by the Department of Finance, by completing the questionnaire and/or sending in a formal submission by August 28, 2025. We welcome individuals and organizations to reiterate and amplify the recommendations outlined in our pre-budget submission to help hold the government accountable to meeting the needs of those most impacted by the housing and homelessness crisis.
The 2025 federal election comes at a time of deep political, social, and economic uncertainty and turmoil. The escalating housing and homelessness crisis remains a top concern for millions of people across Canada, with renters facing increasingly precarious conditions, few affordable options to turn to, and limited protections to help them stay in their homes. Now, with the onset of an unprecedented trade war with the United States, they face even greater instability, with job and income loss already making its way through the Canadian economy. Without safe, secure, affordable homes, renters are facing housing precarity, displacement, and homelessness now more than ever before. To ensure a healthy, equitable, and sustainable future, the next federal government must prioritize those most impacted by the housing and homelessness crisis: renters and people experiencing homelessness.
To help inform voters ahead of election day on April 28, we have summarized commitments made by the Liberal Party, Conservative Party, New Democratic Party and Green Party to tackle the housing and homelessness crisis, as identified in their 2025 federal election party platforms and other announcements they have made during this period. We have organized these commitments under our top three housing priorities that require urgent action by the next federal government:
The information on this page was last updated on April 24, 2025.
Urgent support is needed now to keep renters in their homes and to house people experiencing homelessness. Rapidly rising rents, alongside other rising costs, are forcing low- and medium-income renters out of their homes and preventing people from accessing housing in the first place. Expanding and directing immediate financial and other support to those in greatest need is critical to tackling the housing and homelessness crisis in the short-term. At the same time, urgent action is needed to ensure that the human rights and dignity of people experiencing homelessness are upheld and respected.
Note: We have not listed tax relief proposals here, as they do not provide immediate or targeted support.
Rent supplements are an important stop gap measure, but in the absence of strong rent regulations and protections against evictions, they will not ensure safe, secure, and affordable homes for renters. Renters across the country are facing excessive rents, arbitrary and unfair evictions, renovictions, demovictions, disrepair, discrimination, and many other issues. While landlord and renter matters are primarily governed by provincial and territorial governments, there is an important role for the federal government to play in helping to regulate rents and prevent evictions, as it has done in the past. Renters and advocates are increasingly looking to the federal government to play a stronger role in renters’ rights and protections.
For decades, the federal government withdrew from its role in building and protecting affordable housing. Despite the government’s recent re-engagement in affordable housing development, federal housing investments have failed to produce truly affordable housing that meets the needs of those most impacted by the housing and homelessness crisis. This is due in large part to the government’s over-reliance on the private sector to build new housing, which has not produced housing that is affordable for low- and medium-income renters due to insufficient affordability requirements. At the same time, the government has provided inadequate support for the non-market sector (e.g., Indigenous, public, non-profit, and co-operative housing) to build new and protect existing affordable housing, including rent-geared-to-income housing. This approach has also contributed to the increasing financialization of the housing sector.
Multi-tenant housing or “rooming houses” are often the cheapest housing option available in the private rental market, making them an important source of affordable housing. On March 31, 2024, the City of Toronto put into place a new by-law to regulate multi-tenant housing across the city.
This resource offers a range of practical information about multi-tenant housing that can be useful for tenants in Toronto and for service providers who support these tenants.
This resource provides information about:
A multi-tenant house, or rooming house, is where unrelated people occupy a building that has been divided so that tenants can rent individual bedrooms and share other rooms, such as a living room, kitchen, or bathroom. Under Toronto’s new Multi-Tenant Houses by-law, it is also defined as a building with four or more rooms occupied or intended for people who do not form a single household. These residences are also known as “rooming houses”, “boarding houses”, “lodging houses”, “dwelling rooms” or “single-room occupancies.”
Under the new by-law, the definition also includes Personal Care Multi-Tenant Housing, where personal care services are provided to individuals as part of their tenancies (not including tenancies where services are provided by a regulated professional). This definition does not include group homes for youth, nursing homes, religious residences, student residences, tourist homes, hotels or refugee houses.
Tenancies in multi-tenant homes are governed by the Residential Tenancies Act (RTA), except for tenants who share a kitchen or bathroom with the building owner or the person they pay rent to.
Before the new by-law came into effect, multi-tenant homes were licensed in limited areas of the city, and only specific types of these homes were allowed in certain neighbourhoods. Overall, licensing was inconsistent, and multi-tenant homes were generally not permitted throughout Toronto.
However, multi-tenant homes still existed and simply operated without licensing and oversight by municipal authorities. Unfortunately, tenants sometimes experienced unsafe living conditions in multi-tenant homes that were unregulated. For instance, some operators would avoid obtaining permits and safety inspections from municipal authorities when renovating these homes, because it could alert authorities that they were operating an unregulated multi-tenant home, which could put the home at risk of being shut down. Additionally, tenants were often hesitant to report unsafe conditions because they feared it could result in losing their housing.
The City of Toronto’s Multi-Tenant Houses by-law came into effect on March 31, 2024. It allows multi-tenant homes to exist as licenced, regulated buildings across Toronto. Some important parts of the by-law are:
By providing clear rules, guidelines and supports, the City hopes that the by-law will encourage operators to create more multi-tenant homes – a critical stock of affordable homes – and preserve the ones that already exist.
Additionally, the new Rental Renovation Licence By-law will cover multi-tenant housing in Toronto once it comes into effect in July 2025.
In Toronto, all new and existing multi-tenant houses must operate in accordance with the new by-law. Operators of existing properties must make renovations where necessary to ensure they comply with the new requirements. Beyond the safety requirements outlined above, the by-law also sets different limits on the number of units allowed in a multi-tenant house, depending on its location within the city (the number of units permitted ranges from 6 to 25). Additionally, it also mandates that properties provide one parking space for every three dwelling rooms. This number is rounded down, so a multi-tenant home with five rooms would require one parking space. It also requires that each building have at least one bathroom – with a sink, toilet, bathtub or shower – for every four dwelling rooms. More information about requirements can be found here: Multi-Tenant House Owners & Operators – City of Toronto
The City has created the Multi-Tenant Houses Renovation & Repair Program, which provides funding to existing operators to help bring their buildings into compliance with the new by-law. If an operator receives this funding, they cannot apply for an Above Guideline Rent Increase (AGI) with the Landlord and Tenant Board related to the renovation.
If an operator fails to comply with any of the by-law requirements, they can be convicted of an offense, and can be fined up to a maximum of $100,000. Operators must obtain and regularly renew their multi-tenant housing license, and the city can refuse, revoke or suspend their license if the operator violates any of the applicable by-laws. The City of Toronto has said that they will not close existing multi-tenant homes unless an immediate health and safety risk is identified during the initial implementation phase of the new by-law.
Operators of multi-tenant homes that are governed by the RTA must:
Operators can only enter a tenant’s unit for valid reasons, during certain times and with proper notice. In a multi-tenant home, the tenant’s unit is an individual room.
Rent can be raised once per year, usually only by the yearly rent increase guideline amount set by the provincial government.
Only the Landlord and Tenant Board can order a tenant’s eviction, and only the Sheriff can enforce that order. Operators of multi-tenant homes cannot change the locks on a tenant’s unit.
Tenants have the right to live in their housing without being harassed or facing discrimination, as outlined in the Ontario Human Rights Code.
The notice board must include:
Most tenancies in multi-tenant homes are governed by the Residential Tenancies Act (RTA) which establishes a range of rights and responsibilities of tenants, property owners, operators and landlords.
However, tenants in multi-tenant homes are not covered by the RTA if they share a kitchen or bathroom with the building owner or the person they pay rent to. This means that, in these situations, landlords are not required to follow the same procedures outlined in the RTA, for example around the eviction process.
If you are a tenant having issues with your rental unit in a multi-tenant house, you should notify your landlord about your concerns in writing.
Make sure your communication is dated, and keep a copy of your written communications.
You can also use this visual service request form to indicate which areas of your unit require attention.
If your landlord does not respond to your written request
Submit a service request to the City of Toronto and request that a City inspector investigate the issue.
To create a service request:
If you have fire safety concerns
Contact Toronto Fire Services to conduct a fire safety inspection.
If you share a kitchen or bathroom with your landlord
Tenants in these living arrangements should get free legal help to understand your rights:
It is a good idea to get legal support if you are having troubles in rental housing.
On this page, find key information about the rent regulation laws in place in your province or territory, including about:
* The information on this page was last updated in February 2025.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
No, Alberta does not have a rent regulation policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
Yes, British Columbia has a rent regulation policy in the Residential Tenancies Act (RTA) which sets the maximum limits by which landlords can increase the rent every year.
What are the rules around rent increases?
Can my landlord increase my rent by more than what the limit allows?
If a landlord wants to raise the rent beyond the limits allowed in the RTA, they can apply to the Residential Tenancies Branch. The RTA lists specific reasons why a landlord can apply for an above limit which include:
Do rent increase limits apply when renters change?
When a renter leaves a unit, there are no legal limits for how much a landlord can increase the rent for a new renter.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
Yes, Manitoba has a rent regulation policy in the Residential Tenancies Act (RTA) which sets the maximum limits by which landlords can increase the rent every year. The Residential Tenancies Branch can order a landlord to roll back rents and repay unauthorized rents to renters if they find that a renter has been charged an unauthorized rent.
What are the rules around rent increases?
Can my landlord increase my rent by more than what the limit allows?
A landlord may apply to the Director of Residential Tenancies to be allowed to raise the rent above the annual limit if they can show they have increased operating costs or capital expenses. If a renter objects to the increase, they may file an objection with the Director.
Do rent increase limits apply when renters change?
If a renter moves out of a unit in a building that has four or more units, the rent charged for the new renter may be increased to the average rent being charged for similar units in the same building if notice is given to the new renters. But if a renter moves out of a rental unit in a building that has three units or less, the landlord can increase the rent by any amount that they decide, if they provide notice to the new renters.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
Yes, New Brunswick has a rent regulation policy in the Residential Tenancies Act (RTA) which sets the maximum limits by which landlords can increase the rent every year. This policy was introduced in 2025.
What are the rules around rent increases?
Can my landlord increase my rent by more than what the limit allows?
Landlords can apply to a residential tenancies officer for permission to raise the rent by more than what is allowed in the RTA, up to a maximum limit. In order to obtain approval to raise the rent above what is allowed in the RTA, landlords must provide proof that they have incurred capital expenditures for renovations.
Do rent increase limits apply when renters change?
When a renter leaves a unit, there are no legal limits for how much a landlord can increase the rent for a new renter.
Can my landlord increase my rent?
Yes, subject to some rules.
Does my province have a rent regulation policy?
No, Newfoundland and Labrador does not have a rent regulation policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my territory have a rent regulation policy?
No, Northwest Territories does not have a rent regulation policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
No, Nova Scotia does not have a permanent rent regulation policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act on how and when rent can be increased. The province implemented a temporary rent regulation policy in November 2020 in response to the COVID-19 pandemic, which has been extended to December 31, 2025.
What are the general rules around rent increases?
What is the temporary rent regulation policy?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my territory have a rent regulation policy?
No, Nunavut does not have a rent regulation policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
Yes, Ontario has a rent regulation policy in the Residential Tenancies Act (RTA) which sets the maximum limits by which landlords can increase the rent every year. In Ontario these are referred to as guidelines.
What are the rules around rent increases?
Can my landlord increase my rent by more than what the limit allows?
Landlords can apply to the LTB for permission to raise the rent by more than what is allowed in the guideline. This is referred to as an above guideline increase or AGI. The RTA lists specific reasons why a landlord can apply for an AGI which include:
If the landlord gets approval for an AGI, they must still wait 12 months between rent increases and give 90 days’ written notice to the renter before the rent goes up.
Do rent increase limits apply when renters change?
When a renter leaves a unit, there are no legal limits for how much a landlord can increase the rent for a new renter.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
Yes, Prince Edward Island has a rent regulation policy in the Rental of Residential Property Act. The Island Regulatory and Appeals Commission decides the maximum limits by which landlords can raise the rent every year.
What are the rules around rent increases?
Can my landlord increase my rent by more than what the limit allows?
If a landlord wants to raise the rent above the limit that is allowed, they must apply to the Office of the Director of Residential Rental Property, and the Director will decide on the increase. A hearing must take place which may be attended by the renter. The Director will consider different factors when making their decision including:
Do rent increase limits apply when renters change?
Rent increases are attached to the unit and not the renter. Rent cannot be automatically increased between different renters. If a new renter moves in, the landlord can only increase the rent according to the rules around rent increases mentioned above. If a landlord wants to increase the rent beyond the limit, they must apply to the Office of the Director of Residential Rental Property.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
Yes, Quebec has a rent regulation policy, but it only applies if a renter refuses a proposed increase within one month of receiving notice of it. If a renter does not refuse, then a landlord can increase the rent by any amount.
What are the rules around rent increases?
Do rent increase limits apply when renters change?
Rent increases are attached to the unit and not the renter. Rent cannot be automatically increased between different renters. If a new renter moves in, the landlord can only increase the rent according to the rules around rent increases mentioned above. They must disclose in the lease the lowest amount of rent that the previous renter paid within the last 12 months.
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my province have a rent regulation policy?
No, Saskatchewan does not have a rent regulation policy, and there are no limits to how much a landlord may increase the rent. But there are some rules in the Residential Tenancies Act (RTA) on how and when rent can be increased.
What are the rules around rent increases?
Can my landlord increase my rent?
Yes, subject to certain rules.
Does my territory have a rent regulation policy?
Yukon does not have a permanent rent regulation policy. However, a temporary rent regulation policy has been in effect since January 31, 2023. Since this is a temporary policy, the rules around rent regulation might change in future years.
What are the general rules around rent increases?
What is the temporary rent regulation policy?
This guide provides renters in Ontario with key information about the three stages of their tenancy: at the start, during, and at the end.
It also includes a list of top 10 tips that all renters should know.
Starting a tenancy
Maintaining a tenancy
Ending a tenancy
Top 10 tips:
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.
The lack of affordable rental housing and the sharp rise in rents have become key issues in Alberta. On December 5, 2023, Alberta’s Housing Critic tabled a Private Members’ Bill to introduce temporary rent caps. Bill 205 represents a vital first step toward rent regulation in the province, and if implemented, can help keep Alberta’s renters in their homes.
Our Advocacy Toolkit for Bill 205 offers several actions that you can take to lend your voice in support of the bill and rent regulations in Alberta.
Inside the toolbox you’ll find:
This toolkit is designed to help renters in Ontario assert their rights when facing discrimination and harassment in their housing, and provides information and guidance for self-advocacy. Learn about the Ontario Human Rights Code, forms of discrimination and Code-protected grounds, how to navigate the Ontario human rights system, and the steps renters can take to advocate for their rights.
Although this toolkit focuses on information about Ontario housing law, the guidance for self-advocacy is applicable to renters across Canada.
The information on this page outlines rules, renters’ rights and landlords’ responsibilities as laid out in Ontario housing laws such as the Residential Tenancies Act, the Human Rights Code and the Housing Services Act.
Usually, a landlord cannot stop a tenant from hosting guests in their rental unit. In regular tenancies, a tenant has the right to welcome any guest that the tenant wants to visit them in their unit, and for any period of time. If a landlord tries to control which guests a tenant can invite into their home, this may be considered harassment or discrimination.
However, there are some limits to hosting guests. For example, a tenant is responsible for damage that their guests cause to the rental property or if their guests interfere with the landlord’s or other tenants’ interests in or enjoyment of the rental property. A tenant may also be responsible if they allow anyone to commit any illegal acts at the rental building. In these cases, a landlord will sometimes give a tenant’s guest a trespass notice. Although the tenant is still allowed to have that guest visit them in their own unit (if they want to), that guest is not allowed to go anywhere else in the rental property.
In subsidized or Rent-Geared-to-Income (RGI) housing, the guest policies vary but tenants are normally not allowed to have long-term guests and there is normally a limit on the number of days that a tenant can host a guest. For more information on guest policies in subsidized housing, a tenant should consult the policies set out by their landlord.
Typically, a landlord cannot raise rent or charge extra fees when a tenant hosts a guest. Ontario’s Residential Tenancies Act (RTA) prohibits landlords from collecting any refundable or non-refundable fees, except for a previously agreed upon key deposit and/or last month’s rental deposit. However, if a guest damages property, the tenant who invited that guest may be responsible to pay for the damage.
The rules for tenants in Rent-Geared-to-Income (RGI) housing are different. Each RGI housing provider must have a guest policy which allows guests, but the policy will have limitations on how long a guest may visit. Violating a guest policy in RGI housing could result in a rent increase. For more information on guest policies in RGI housing, a tenant should consult their housing provider’s policies.
A roommate or occupant is a person who has not signed a lease, but who lives in the rental unit with the permission of the tenant. Typically, a landlord cannot raise rent or charge extra fees when a tenant adds a roommate or occupant. Ontario’s Residential Tenancies Act (RTA) prohibits landlords from collecting any refundable or non-refundable fees, except for a previously agreed upon deposit for keys and/or one month’s rent. However, if a guest damages the rental property, the tenant who invited the guest may be responsible for the damage.
The rules for tenants in Rent-Geared-to-Income (RGI) housing are different. A tenant must inform their RGI housing provider if they would like to have a person staying with them for longer than the housing provider’s policies allow. If the RGI housing provider agrees to allow the tenant to add a roommate, the tenant will likely be required to provide information about the roommate to the RGI housing provider, and their rent will likely increase. Violating these policies in RGI housing could result in a rent increase. Tenants should consult their RGI housing provider’s policies for more information about guest policies.
Some municipalities set by-laws for the minimum amount of floor area required for each person living in one room. A landlord can apply to evict a tenant for overcrowding a unit if a rental unit has so many occupants that the unit is overcrowded. A tenant should consult their municipal by-laws for more information on what constitutes overcrowding.
The protections for tenants under Ontario’s Residential Tenancies Act only apply to certain types of situations when the facilities of a unit are shared by multiple people.
Generally, RTA protections apply to a tenant who rents a bedroom and shares all other facilities of a unit with other tenants who all have their own leases.
RTA protections do not apply to a tenant who shares a kitchen or a bathroom with the person they rent from – which could include their landlord or another tenant who is the lease holder – or with an immediate family member of the landlord.
In any situation where a tenant shares facilities with other people, they should seek legal advice to confirm whether the protections of the RTA apply to them. Tenants can also consult Community Legal Education Ontario’s (CLEO) resource for more information about their rights in specific housing situations.
Tenants who rent a bedroom and share facilities – and who are protected by the RTA – should be aware that:
In Ontario’s Residential Tenancies Act (RTA), subletting happens when a tenant transfers their entire rental unit to another person or group – known as a subtenant – for a specific period of time, and then the tenant later returns to resume living in their unit, and the subtenant moves out. The original lease agreement between the tenant and the landlord remains in effect. This means that the tenant remains responsible to the landlord for paying rent. Typically, a subtenant pays rent to the original tenant during the subtenancy. However, even if the subtenant pays the landlord directly, the tenant is still ultimately responsible for ensuring that the rent is paid to the landlord. The tenant is also responsible for any damage that the subtenant causes to the unit.
There are some restrictions on subletting a unit. For example, a sublet agreement must specify the time period for the subtenancy. This means that a subtenancy cannot go month-to-month like a tenancy can. Furthermore, a tenant must leave the rental unit while allowing a subtenant to live in the unit. There is no sublet relationship if a tenant does not leave the rental unit while allowing another person to live in the unit. If the tenant lives in the unit at the same time as another person, then that other person is an occupant or a roommate. Read more about the differences between a sublet, an occupant, and a roommate.
The Residential Tenancies Act (RTA) requires a tenant to get their landlord’s permission to sublet their unit. However, a landlord is not allowed to “arbitrarily” or “unreasonably” stop a tenant from subletting the unit. If a landlord refuses to allow their tenant to sublet their unit, the tenant can apply to the Landlord and Tenant Board (LTB) to determine whether the landlord arbitrarily or unreasonably refused to allow them to sublet.
If a tenant gives possession of the rental unit to another person without the landlord’s consent, the sublet agreement is not valid at the LTB and the person who has taken possession could be evicted by the landlord.
Rent-Geared-to-Income (RGI) housing policies normally prevent a tenant from subletting their unit. If an RGI housing provider prohibits subletting, and a tenant sublets their unit anyway, the tenant could be evicted. Tenants who live in RGI housing should consult their housing provider’s policies for more information on subletting.
A tenant who sublets their unit is still entitled to all the benefits of their tenancy agreement, and they also still hold all the responsibilities of that agreement with their landlord. The tenant is also responsible to ensure that their subtenant upholds all the responsibilities of the tenancy agreement with the landlord. For example, this means that the tenant is responsible to ensure that the rent is paid to the landlord, and the tenant can apply to evict their subtenant if the subtenant fails to pay the rent.
During the subtenancy, the subtenant is entitled to the benefits outlined in the sublet agreement as well as in the RTA. The subtenant is also accountable for any responsibilities described in their sublet agreement that do not conflict with the RTA. Typically, landlords do not have any responsibilities towards the subtenant. However, the landlord continues to have responsibilities towards the tenant when that tenant sublets the rental unit. For example, a landlord should continue to maintain the unit and make repairs during a subtenancy. A subtenant can inform the tenant or the landlord of repairs that are needed.
A tenant can “assign” their lease to another person. When a lease is assigned to another person, the original lease agreement ends and a new lease agreement begins. The new lease agreement is between the new tenant (or “assignee”) and the landlord.
As a result, the original tenant (or “assignor”) will no longer have a right to occupy the unit. The original tenant will not owe any rent that is due after the date that the assignment begins. All of the rights to the unit and the obligations to the landlord become the responsibility of the new tenant. The details of the lease remain the same, including the type of lease (yearly, monthly, weekly, daily, or fixed-term), any included amenities or services, and the amount of rent owed.
As noted above, if a tenant chooses to sublet their unit, the lease agreement between the original tenant and the landlord continues. The sublet agreement creates a relationship between the tenant and the subtenant. The tenant becomes the subtenant’s landlord. Often, the subtenant pays rent to the tenant and the tenant pays rent to the landlord. If the subtenant is late paying their rent, the tenant will still owe the landlord that rent.
If a tenant chooses to assign their lease, the new tenant’s lease agreement replaces the original tenant’s lease agreement. The original tenant will owe the landlord rent up until the day before the start date of the assigned lease. At the start date of the assigned lease, the new tenant will owe the landlord rent, and the original tenant will not owe any more. Once the new tenant’s lease begins, the original tenant has no remaining rights to the unit. For example, the original tenant cannot move back into the unit at the end of the new tenant’s assigned lease.
Section 95 of the RTA describes the rules about lease assignments.
A tenant must ask for their landlord’s approval to assign their lease. Usually, the tenant is also responsible for finding a new tenant (the assignee) to take over the lease. However, there are some circumstances where the landlord may want to choose the assignee, for example from their building’s waiting list.
It is up to the tenant to decide whether to ask for their landlord’s approval first and then try to find an assignee, or whether to find an assignee first and then ask for the landlord to approve the assignment and the potential assignee at the same time. Keep in mind that a landlord may refuse to allow the lease assignment and/or refuse to approve a particular assignee suggested by the tenant.
If a landlord refuses to allow a tenant to assign their lease, the tenant may choose to continue living in the unit and keep their original lease agreement. However, if the tenant would still like to move out, they may end their tenancy by giving the landlord an N9 form called “Tenant’s Notice to End the Tenancy”. The tenant must provide this notice within 30 days of the landlord’s refusal, and they must provide the landlord with at least 30 days’ notice before they intend to move out.
A landlord has seven days to respond to a tenant’s request to assign their lease. If the landlord has not replied within seven days, the tenant then has 30 days to give the landlord an N9 form to end their tenancy. The tenant must provide the landlord with at least 30 days’ notice before they intend to move out.
If a landlord consents to a tenant’s request to assign their lease but does not approve the specific assignee chosen by the tenant, the tenant can apply to the Landlord and Tenant Board (LTB). The landlord is not allowed to “unreasonably” or “arbitrarily” refuse an assignee chosen by the tenant. However, if the landlord has a good reason to refuse the request, the tenant will have to find a different assignee.
If the LTB agrees that the landlord “unreasonably” or “arbitrarily” refused to consent to a particular assignee, the LTB may order that the landlord agree to the assignee, that the landlord agree to a different assignment suggested by the tenant, or that the lease agreement between the tenant and landlord be terminated. If a tenant finds themselves in this situation, they should get legal advice about their options.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
While financially supported by The Law Foundation of Ontario, the Canadian Centre for Housing Rights is solely responsible for all content on this page.
Please note: In June 2023, the Government of Ontario passed changes to the laws affecting air conditioners; however, those laws are not yet in force. The information on this page details the current rules related to air conditioning set out in Ontario’s existing laws. This page will be updated once changes to the laws affecting air conditioning are in force. To receive updates, please subscribe to our newsletter.
Whether or not you can have an air conditioner depends on your lease. Some leases specify the types of air conditioners you can have, extra fees you may be charged, and other requirements, like asking your landlord for permission. Other leases do not specify anything about air conditioners.
If your lease says something about air conditioners, you are required to follow what your lease says.
If your lease does not say anything about air conditioners, you are allowed to have one, but you should talk to your landlord about how best to proceed.
If you are unsure how to approach your landlord, may not have a written lease, or you have any other questions that are not covered in the questions below, contact CCHR for support.
If you rent a place with air conditioning already provided, your landlord is required to maintain or repair that air conditioning at their own cost. An example of this would be if you have central air conditioning or a window unit that was already installed before you moved in.
Your landlord cannot introduce an additional fee or charge you to fix air conditioning that they provided to you.
To learn more about your landlord’s duty to make repairs see our FAQ on maintenance in rental housing.
Take a look at your lease. If your lease does not say anything about air conditioners, then your landlord cannot prevent you from using one as long as it can be safely installed and operated, and does not cause any damage or disturb any other tenants.
Some leases require that the tenant must ask the landlord for permission to install a window air conditioner. Your landlord may be hesitant to allow you to use a window unit as they may want to ensure that it is installed properly and safely. If this is their concern, you could offer to hire a professional to install it or you could offer to use a portable air conditioner, which sits on the floor and does not need to be installed in a window.
Either way, you should try to get permission to use an air conditioner from your landlord in writing.
First, you should review your lease. If you agreed in your lease to pay a fee for air conditioning, then you will have to pay for air conditioning.
If your lease does not say anything about air conditioning, then your landlord cannot charge you extra for having an air conditioner. You should make sure that your air conditioner is installed safely and does not cause damage or disturb your neighbours.
If your lease says that you need permission to have an air conditioner, you should talk to your landlord. If electricity (hydro) is included in your rent, your landlord may be able to ask you to pay an extra fee for air conditioning for the months that you would use it. The amount charged to you cannot be more than the actual cost to your landlord and it must be “reasonable.” You and your landlord could agree that the extra charge should only be applied during the months that you use air conditioning, or that it should be spread out over the year.
Steps to Justice provides this scenario as an example:
“If you and your landlord agree that an air conditioner will add $30 a month to the landlord’s electric bill, and you will use it for 4 months each year, you could spread the total cost of $120 over the full year by increasing the rent by $10 a month.”
Either way, make sure you get the agreement with your landlord in writing.
Under the Ontario Human Rights Code your landlord is obligated to accommodate your disability, which could include permitting you to have an air conditioner. Your landlord is only discharged of their obligation to accommodate your needs if they can demonstrate that making the accommodations you asked for would result in “undue hardship.”
To do that, your landlord would need to prove that:
If you need to request an accommodation, you should give your landlord a written request explaining your need for the accommodation, along with a letter from your doctor explaining why you need air conditioning.
CCHR has a self-advocacy toolkit that walks tenants through the process of requesting accommodation from their landlord. CCHR also provides assistance to tenants throughout this process, including advocating directly with landlords.
If you have made a request and you don’t think it has been properly accommodated by your landlord, you can file an application with the Human Rights Tribunal of Ontario.
For more information about how to pursue an application at the Tribunal, reach out to the Human Rights Legal Support Centre:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
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