I have facilitated many rental agreements, and have represented both landlords and tenants, so I am well versed in the Residential Tenancies Act. Unfortunately I see much spreading of incomplete or inaccurate information on social media platforms by both landlords and tenants as well as the general public. Here I hope to clarify some of the most common topics I see discussed and/or 'debated'.
LEASE DOCUMENT:
The ‘Residential Tenancy Agreement: Standard Form of Lease’ must be completed and provided by landlords for most private residential tenancies in Ontario. The Appendix attached to this document briefly outlines many of the most important components of the Residential Tenancies Act (RTA). Any clause changed on or added to this form that contradicts the RTA is void.
POST-DATED CHEQUES OR AUTOMATIC BANK WITHDRAWAL:
These methods of paying rent CAN be voluntarily used by a tenant if desired, however they cannot be REQUIRED by a landlord.
PETS:
A ‘no-pets’ clause in a lease is void (unless permitted under the by-laws of a condominium). A tenant cannot be evicted for having a pet in a rental unit UNLESS the pet is noisy or aggressive, causes damage to the property, or affects others in the building who have allergies. That said, a landlord can rent to whoever they feel is the best choice overall from a pool of applicants. Pets may affect this decision. Applicants are not yet tenants; therefore they are not protected under the RTA before entering into an Agreement to Lease.
TERMINATING A TENANCY IN THE WINTER:
Contrary to popular belief, there is no law stating a tenancy cannot be terminated in the winter. It is possible that, depending on the specific circumstances, the Landlord and Tenant Board (LTB) may use discretion in delaying a termination date, but it is definitely possible to terminate a tenancy during the winter.
GRASS-CUTTING / SNOW REMOVAL:
Many landlords and tenants alike assume these duties fall on the tenant. However, it is the landlord’s legal responsibility to provide these services. A clause in the Ontario Standard Lease to the contrary is void. That being said, if the tenant does not mind agreeing to take care of these tasks, especially in exchange for a fee or reduction in rent, that can be agreed upon in a separate contract.
PAYING FOR REPAIRS:
Tenants must cover the cost of repairs due to any damage caused by them or their guests, but all other repairs due to normal wear and tear must be covered by the landlord. Landlords are not allowed to require tenants to pay any portion of these expenses. Any clause stating that a tenant must cover $x or x% of a repair cost is void.
RENT AND SECURITY DEPOSITS:
A rent deposit is allowable only up to a maximum of the cost of one rental period (ie. one month) and must be held (with interest payable yearly) and used against the last period’s rental payment. The only other deposit a landlord may collect is a key deposit. This is limited to a reasonable replacement cost (ie. of keys or access cards). No other deposits (ie. pets, damage) are allowed to be required.
WITHHOLDING RENT:
Rent payments cannot be withheld for any reason (ie. for lack of repairs or services by a landlord). If a landlord is disobeying laws or otherwise causing trouble for a tenant, the tenant should contact the LTB for assistance. Withholding rent payments can be a cause for eviction unless and until an abatement of rent has been granted by the LTB.
TERMINATION OF TENANCY:
A landlord can end a tenancy effective the last day of a rental period (ie. monthly) or the last day of a fixed term (ie. one year). Typically the length of notice must be 28 days for a daily or weekly rental period or 60 days for a monthly or yearly period, but this depends on the reason for termination. Eviction for non-payment of rent can be as low as 7-14 days, whereas notice to vacate for major renovations or demolition is 120 days. The landlord must provide the appropriate LTB form to the tenant.
There are only certain reasons a landlord can evict a tenant. They cannot evict a tenant simply because they don’t like the tenant, or they want to rent the unit to a friend, for example. Some allowable reasons are as follows.
“For cause” reasons: non-payment (or persistent late payment) of rent, causing damage to the unit, disturbing others in the building, overcrowding, illegal activity in the unit (and more)
“No fault” reasons: landlord, immediate family or caregiver wish to move into the unit; property has been sold and purchaser, immediate family or caregiver wish to move in; property needs to be vacated for major repairs, renovations or demolition
In the instance of someone moving in, immediate family is limited to the landlord or the landlord’s spouse, a child or parent of the landlord or their spouse, or a person who will act as a caregiver for any of these people who are/will be living in the building. The party/parties moving in must occupy the unit for a minimum of one year. A tenant must be compensated the amount of one month’s rent OR be offered another rental unit. In the instance of major repairs or renovations, the tenant must be given first choice of moving back in to the rental unit upon completion.
FOR MORE INFORMATION, ALWAYS REFER TO THE RTA AND LTB FOR FACTS AND GUIDANCE:
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