It can be stressful dealing with maintenance issues in a unit or building, especially if the landlord has not taken steps to fix the issue. Under the Residential Tenancies Act, landlords are obligated to deal with maintenance issues, however a tenant does not have the right to withhold rent when a landlord fails to properly address a maintenance issue. Tenants may have legitimate concerns about the condition of their building or unit, however if they choose to withhold rent, they could be at risk of eviction if they do not pay the full amount of their rent on time.
If you have a maintenance concern in your unit or building and your landlord is not addressing the problem, you can:
It can be difficult for tenants to know where to start when they are dealing with a maintenance issue.
If you have a maintenance concern in your unit or building, you can:
Tenants who live in condominiums are considered “tenants” under the Residential Tenancies Act (RTA), and the owner of the condominium is the tenant’s landlord. Under the RTA, the landlord is responsible for providing and maintaining the unit in a good state of repair and fit for habitation, and for complying with health, safety, housing and maintenance standards.
The landlord may refer some repairs or maintenance concerns to the condominium corporation depending on the nature of the issue, but it is still the landlord’s responsibility to manage the repair request from the tenant. If the landlord thinks that the condominium corporation should be responsible for the repair, it is the landlord’s responsibility to bring that concern to the condominium board.
If you are a tenant in a condominium and have a maintenance concern, you can:
Often, the responsibility for repairs in housing co-operatives will be set out in either the co-operative’s Occupancy By-law or a Maintenance and Repair By-law. Typically, the co-operative’s Board is responsible to address maintenance issues within a member’s unit, but not always. Members of housing co-operatives should consult their by-laws to find out who is responsible for specific repairs, and to confirm if the members are responsible for any repairs themselves.
Members of housing co-operatives are not considered “tenants” under the Residential Tenancies Act. This means that housing co-op members cannot file applications with the Landlord and Tenant Board if they have maintenance or repair concerns. Any concerns must be brought to the co-operative board.
Tenants who have damaged something in their unit are usually responsible for the cost of the repairs, unless the damage is caused by regular wear and tear over time. If tenants cause damage to their unit or the common area and they do not cover the cost of repairs, they could receive a notice of eviction from their landlord. If the damage is very serious, tenants could face an eviction notice even if they pay for the repairs. Tenants are also responsible for any damage caused by their guests.
If you or a guest have damaged something in your unit or building, you can contact your landlord to discuss how much the repairs may cost.
If you have received a notice of eviction for causing damage to your unit or building, you can:
Tenants do not need to pay for repairs for maintenance issues that are caused by regular wear and tear or use over time. Unless a tenant or their guest caused the damage, they are not responsible for the cost of the repairs. Landlords are responsible for making the repairs and for covering the cost.
If you are concerned about your rights when requesting repairs, you can:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
Human rights are rights that are inherent to all people simply because we are human beings.
Human rights do not refer to just one law or set of guidelines. There are different human rights laws around the world. In Canada, typically when we say that something is a “human right,” we’re referring to a protected right under either a provincial or a federal law. Those human rights are informed by the Universal Declaration of Human Rights, which was proclaimed by the United Nations in 1948. There are a total of 30 rights protected under the Declaration, including the right to be free from slavery, free from torture, and the right to freedom of expression.
The right to housing is another right protected under the Declaration. Under international human rights law, the ‘right to housing’ is recognized as the right of every person to a safe and secure home where they can live in security, peace and with dignity. A set of standards have also been recognized to ensure that a home is adequate for its inhabitants, including that it is affordable, secure, habitable, accessible, close to services, in an acceptable location, and culturally appropriate.
The first two articles of the Universal Declaration of Human Rights state that all individuals are entitled to access the other rights in the declaration equally, and free from discrimination.
Find out more about the Universal Declaration of Human Rights
In Canada, human rights are protected by different laws at the federal and the provincial level. Certain rights found in the Universal Declaration of Human Rights are protected by the Charter of Rights and Freedoms, like the right to freedom of expression or freedom of religion.
The first two articles of the Universal Declaration of Human Rights state that all individuals are entitled to access the other rights in the declaration equally, and free from discrimination. This right is protected by some sections of the Charter of Rights and Freedoms, but the Charter only protects groups or individuals from discrimination by governments. It does not apply to interactions between private individuals, business, or organizations.
Each province and territory has its own laws that protect individuals from discrimination when interacting with private organizations. In Ontario, the Human Rights Code protects individual from discrimination and unfair treatment.
In Ontario, the Human Rights Code protects individuals from discrimination in five social areas:
People in Ontario have the right to equal treatment and freedom from discrimination in each of these areas.
If someone is discriminated against or treated unfairly but the treatment is not related to one of those five areas, then it is not considered discrimination under the Human Rights Code. For example: two customers at a store get into an argument and one makes a derogatory remark to the other. This behaviour may be disrespectful and hurtful, but it is not considered to be discriminatory treatment under the Human Rights Code. The situation did not occur in one of the five social areas covered by the Code. Different laws govern interactions like this between two private individuals.
The Code also 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 unfairly but the treatment is not connected with one or more of the protected grounds, then unfortunately it is not considered discrimination under the Human Rights Code.
Some grounds only apply to specific types of services. For example, a person cannot be discriminated against for receiving public assistance (like Ontario Works or ODSP) when they are applying for housing, but this ground of protection does not apply to the other four social areas.
The sixteen grounds that are protected when accessing housing are:
Unlike the police who patrol the streets to watch for criminal activity, there is no body or entity responsible to monitor or report discriminatory treatment under the Human Rights Code. However, if an individual has experienced discrimination or harassment under the Code, they can file an application with the Human Rights Tribunal.
The Human Rights Tribunal is one of eight Ontario Tribunals. When a complaint is filed with the Tribunal, they will determine whether or not the Code has been violated. Applicants that file with the Human Rights Tribunal may need to attend a mediation session or a hearing and provide evidence of their complaint. If the Tribunal determines that there has been a violation of the Human Rights Code, the Tribunal may order a remedy, for example financial compensation.
Find out more about the human rights system in Ontario
If you would like assistance filing a human rights complaint, contact 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.
It’s common for tenants to be concerned about their landlord entering their unit, especially during the pandemic. Under the Residential Tenancies Act, a landlord is permitted to carry out renovations on a unit.
To enter your unit, a landlord must provide you with:
The Ontario government has asked that landlords take additional safety measures when entering a unit by limiting their notices of entry, working collaboratively with tenants, and following public health guidelines. Landlords are still able to issue notices of entry and they will expect to be able to enter the unit.
If you have concerns about your landlord and contractors entering your unit for renovations, you can:
Generally, landlords are permitted to enter a tenant’s unit if they provide a minimum of 24 hours of notice in advance, and if they provide a valid reason.
The previous Emergency Orders and the different pandemic re-opening phases do not contain any rules or restrictions that prevent landlords from entering a tenant’s unit.
The Ontario government has asked that landlords and tenants act with patience and understanding and follow public health guidelines. The government has also encouraged landlords to limit their notices to enter, but there have been no changes to the law surrounding landlords entering a unit. Landlords are still able to issue notices of entry and they will expect to be able to enter a tenant’s unit.
More information is available on the Ontario government’s COVID-19 page:
If you have a disability-related concern with your landlord entering your unit, we recommend that you:
If your landlord refuses to take any health or safety precautions in line with public health guidelines, you may:
If you would like to refuse your landlord entry to your unit, we recommend that you:
It can be frustrating and inconvenient when your landlord decides to renovate your unit when you do not think changes need to be made.
Under the Residential Tenancies Act, a landlord is permitted to carry out renovations on a unit.
To enter your unit, a landlord must provide you with:
As a tenant, your landlord is not permitted to substantially interfere with your right to the “reasonable enjoyment” of your unit.
If your landlord performs extensive renovations, they may be interfering with your right, and they will be expected to:
If your landlord did not do all of the above, and the renovations have interfered with your reasonable enjoyment of the unit, you can:
Sometimes a landlord will claim they need to renovate a unit, and use it as a reason to evict existing tenants. This is called an eviction in “bad faith,” and is colloquially referred to as a “renoviction.”
Tenants facing a renoviction often receive an N13 notice from their landlords, which is the proper legal process created by the Landlord and Tenant Board to terminate a tenancy for the purpose of carrying out renovations. However, some landlords only provide tenants with notice verbally, by text or by email. This is not the legal process to terminate a tenancy.
If your landlord wants you to move out to renovate your unit, they cannot evict you without going through the proper legal process at the Landlord and Tenant Board.
If your landlord wants to terminate your tenancy to renovate your unit, they must:
If you are facing eviction due to renovations or repairs:
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
There are a few laws that govern different types of tenancies in Ontario:
The Residential Tenancies Act (RTA) is a comprehensive law that defines and sets rules around what landlords and tenants are, 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, offences under the law, and regulations that may be applied by relevant authorities.
Finally, the RTA defines the role and functions of the Landlord and Tenant Board as the exclusive body responsible to determine how the RTA must be applied. If tenants have any concerns about their landlord or tenancy, they can file an application with the Landlord and Tenant Board.
The Housing Services Act (HSA) provides rules 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. Tenants can find more information about their local municipal housing guidelines by contacting 211 Ontario.
The Co-operative Corporations Act provides rules and regulations for people who live in co-operative housing. These individuals are not considered tenants under the RTA, but they still benefit from some of its protections.
The Long-Term Care Homes Act provides rules and regulations for people who live in long-term care homes. These individuals are not protected under the Residential Tenancies Act.
The Retirement Homes Act provides rules and regulations for people who live in retirement homes. These individuals are also protected under the RTA.
Please see our other FAQs below for information on these laws and tenancies in co-operative housing, supportive housing, and certain roommate arrangements that are not covered by the RTA and HSA.
The Residential Tenancies Act (RTA) defines a tenant as a person who pays rent in return for the right to occupy a rental unit.
The RTA also defines that a tenant is not “a person who has the right to occupy a rental unit by virtue of being a co-owner of the residential complex in which the rental unit is located, or a shareholder of a corporation that owns the residential complex.”
It can be unclear for some people to determine if the RTA definition of a ‘tenant’ applies to them, and as a result, if the RTA applies to their tenancy. Most people who pay rent to a landlord for a unit are considered a ‘tenant’ by the RTA because the definition of a tenant is very broad.
There are, however, exceptions to this definition. The most common exceptions are if you live in:
If you think that the definition of a ‘tenant’ does not apply to you under the RTA, you may not have the rights and protections afforded under the RTA. Specifically, this means:
Please read through our other FAQs for information about what laws protect your type of tenancy, and where you can get help for your housing concerns.
The Residential Tenancies Act (RTA) defines a landlord as “the owner of a rental unit or any other person who permits occupancy of a rental unit”. The RTA also defines that a landlord can be other people who act as a representative for the owner of the rental unit, for example a family member or an employee of the landlord.
The RTA defines that a landlord is not “a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit.”
In other words, if you pay your rent directly to another tenant – for example, a roommate – that other tenant is not considered to be your landlord under the RTA. In this scenario, you are in a different type of relationship that is not covered by the RTA. You may be in a licensee-licensor relationship, instead of a landlord and tenant relationship. If you find yourself in conflict with the person you pay rent to in this type of situation, you may want to seek legal advice or information.
If you live with a roommate and need more information about your rights:
Members of housing co-operatives are not considered tenants under the Residential Tenancies Act (RTA), however they still benefit from some of its protections. In addition, they also have some protections under the Co-operative Corporations Act.
Members of housing co-operatives cannot be evicted unless they receive an eviction order from the Landlord and Tenant Board. The housing co-operative’s Board of Directors must first follow its internal eviction process, then apply for an eviction with the Landlord and Tenant Board, and follow a similar eviction procedure outlined in the RTA.
Members of housing co-operatives cannot file applications with the Landlord and Tenant Board to enforce their rights the same way that tenants who are protected under the RTA can.
To seek assistance with a housing concern, members of housing co-operatives can:
The Residential Tenancies Act (RTA) applies to tenants that live in certain types of supportive housing, but not all. To find out which laws protect your rights, you must first determine which type of supportive housing you live in.
There are three different types of supportive housing in Ontario:
Individuals that live in a long-term care home are protected under the Long-Term Care Home Act, but not under the Residential Tenancies Act.
If you or someone you know has legal concerns and lives in a long-term care home, the Advocacy Centre for the Elderly (ACE) may be able to help. Contact ACE for more information:
Care homes are a different type of housing than long-term care homes. Care homes are independently run and are not licensed by the provincial government. The government does not regulate the cost of accommodation in care homes, and does not pay for the care services received.
Individuals that live in a care home are protected under the Residential Tenancies Act. This means that they cannot be evicted without proper notice and can enforce their rights through the Landlord and Tenant Board.
Find more information:
Individuals that live in a retirement home are protected under the Residential Tenancies Act (RTA). They are also protected under the Retirement Homes Act, under which the Retirement Homes Regulatory Authority is responsible to enforce rules and investigate complaints.
If you or someone you know has legal concerns and lives in a retirement home, the Advocacy Centre for the Elderly (ACE) may be able to help. Contact ACE for more information:
Tenants that live in rent-geared-to-income (RGI) housing are considered tenants under the Residential Tenancies Act, and have all of the same rights and obligations as all other tenants.
Tenants that live in RGI housing have additional responsibilities to their landlords under the Housing Services Act. They are required to provide their landlord with information about changes in their life that may affect their RGI status.
If you have questions or concerns about your RGI housing status contact:
You can also contact CCHR for assistance if you are facing eviction.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
Generally, landlords are permitted to enter a tenant’s unit with a minimum of 24 hours notice if they provide a valid reason. The current Emergency Order does not contain any rules or restrictions for landlords preventing them from entering a tenant’s unit. During the current lockdown, the provincial government has asked that landlords and tenants act with patience and understanding and follow public health guidelines. The Ontario provincial government has encouraged landlords to limit their notices to enter, but the current Emergency Order does not contain any legal changes to the law surrounding landlords entering a unit. Landlords are still able to issue notices of entry and they will expect to be able to enter the unit.
More information is available on the Ontario government’s COVID-19 page:
We recommend that you contact your landlord and ask about the health and safety precautions that will be taken when they enter your unit.
If your landlord refuses to take any health or safety precautions in line with public health guidelines, you may file a complaint with the Rental Housing Enforcement Unit.
How to file a complaint with the Rental Housing Enforcement Unit:
Your local community health centre may have more information and resources about how to approach the situation.
Many tenants have underlying health conditions or disabilities that make them particularly vulnerable to COVID-19. These tenants have often taken extra precautions to avoid contact with others and may be deeply frightened or concerned by a landlord’s request to enter their unit.
If you find yourself in this situation, you can ask that your landlord makes accommodation for you under the Ontario Human Rights Code.
Under the Code, your landlord is obligated to accommodate you, up to the point of “undue hardship”. If your concern about your landlord entering your unit is connected to a disability, you can request that your landlord accommodate your disability. This could include requesting that your landlord takes extra measures to maintain physical distance, uses specific personal protective equipment, or provides you with longer than the regular 24 hours prior notice before entering your unit, so that you have enough time to make arrangements to vacate the unit.
CCHR has a self-advocacy toolkit that walks tenants through the process of requesting accommodation from their landlord. If you have made a request, and you believe that you have not 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:
Many people have been confused about eviction processes during the pandemic as a result of the various shutdowns, stay-at-home orders and state of emergency orders in Ontario.
On June 2, 2021, the stay-at-home order was lifted and the enforcement of evictions in Ontario resumed.
The Landlord and Tenant Board is currently open and issuing eviction orders.
If you have received a notice of eviction hearing, you should attend the eviction hearing as scheduled to defend yourself against an eviction order.
Please contact CCHR if you need help navigating the eviction process, and our case workers can provide legal information supports and referrals.
If an eviction is ordered by the Landlord and Tenant Board at a hearing, it must then be enforced by the Court Enforcement (or Sheriff’s) Office.
Falling behind on rent can be frightening and confusing, and the pandemic has created unique financial challenges that have caused many tenants to struggle to pay their rent.
If you have fallen behind on your rent, you should try to pay back the amount you owe (called “arrears”) as soon as possible. If you can pay back everything you owe, you may be able to avoid an eviction notice.
Visit our COVID-19 resource page for information about income support, financial aid, food services, and mental health services that may be available to you.
If you have received an eviction notice or notice of a hearing for unpaid rent, you should first make an effort to pay off the arrears that you owe before attending your hearing at the Landlord and Tenant Board.
There are several resources to support tenants through the eviction process, and to help them remain housed:
There are also rent relief or other financial resources that may be able to help you. Many of them are specific to your region or municipality. For information about rent relief and other financial resources in your area:
If you are in need of mental health support or counselling related to the pandemic or your housing, we encourage you to contact a crisis hotline or counselling service in your local area.
Contact:
Older adults may be particularly vulnerable to the negative effects of the pandemic lockdowns. If you are a senior and have concerns about your mental health, contact your local Seniors Active Living Centre for programs and supports.
The Canadian Centre for Housing Rights (CCHR) provides free, individualized services to renters in Ontario who are facing challenges in their housing.
This toolkit provides guidance to help people in Ontario with Environmental Sensitivities (sometimes called Multiple Chemical Sensitivities or “MCS”) request accommodations for a disability from their landlord under Ontario’s Human Rights Code. It was produced by the Canadian Centre for Housing Rights (CCHR), formerly called the Centre for Equality Rights in Accommodation (CERA).
Inside the guide:
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