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FREQUENTLY ASKED QUESTIONS FOR TENANTS

Tenancy Agreement 

What is a tenancy agreement? 

A tenancy agreement gives you the right to live in a unit owned by a landlord and can be verbal, written or implied. If the agreement is in writing, it must set out the legal name and address of the landlord. A copy of this agreement must be given to you within 21 days of the start of your tenancy. 

Rent Increases 

How much can my landlord increase my rent? 

Landlords can increase your rent once every 12 months by the annual rent guidelines. In 2003, the guideline is 2.9 per cent and the 2004 percentage will be annunced later in the year. Landlords can also apply to the Ontario Rental Housing Tribunal (1-888-333-3234) for an increase above the rent guideline, if: 

• they have made repairs or renovations; 
• they have had higher than average increases in property taxes, heating, water or hydro costs; or they have set up a new security service. 

Your landlord must give you written notice when he or she is applying for a rent increase above the rent guideline. 

Any rent increase above the rent guidelines must be approved by the Tribunal. Housing Help has received funding to help tenants organize themselves and develop a plan of action to ensure they submit an effective and appropriate response. 

My landlord said that he would install a washer and dryer in my unit if I paid an extra $60 per month. Is this allowed? 

Under the Tenant Protection Act, you and your landlord can agree to a rent increase due to a new service or renovation in your apartment or rental home. However, this increase cannot be more than 4% above the rent guideline. The agreement must be in writing and on a form approved by the Tribunal. 

If I have a complaint about my landlord who do I call? 

Disputes between landlords and tenants will be adjudicated by the Ontario Rental Housing Tribunal. 

Deposits, Charges And Illegal Rents 

Before I moved in, my landlord asked for a deposit equal to a month's rent. Is this legal? 

Yes it is. However, a landlord cannot ask for any other deposit. Damage deposits or key deposits are against the law. It is also illegal for your landlord to require that you buy anything, such as drapes or furnishings, in order to rent a unit. If you paid an illegal extra charge and the landlord will not give it back, apply to the Tribunal for a rent rebate. 

Does the landlord have to pay me interest on my rent deposit? What are the the rules about interest? 

Your landlord is required by law to pay you six percent interest once a year on your deposit. If your landlord does not pay you this interest, you have the right to deduct it from your rent. 

Can the landlord ask me for more money for my deposit if my rent increases? 

Yes. The amount of the rent deposit can increase each year by the amount of the rent increases. 

If I have been charged too much, what can I do? 

If you have been charged too much, you can apply to the Tribunal (1-888-332-3234) for a rent rebate. You must apply within a year of the date your landlord overcharged you. After a year you lose your right to a rebate, so apply now. 

Privacy Issues 

What are my rights in respect to privacy? 

A landlord can only enter your apartment if he or she gives you written notice 24 hours in advance and stating the time of entry. Landlords must give you notice to do repairs or to allow a potential purchaser, insurer, or mortgagee to view the apartment.

• However, the law allows a landlord to enter your apartment without written notice only:  in case of emergency, such as fire or a water leak, 
• at any time with your consent, or to clean your apartment if the lease provides for cleaning. 

If you have given notice to move out, the landlord can enter your apartment to show it to a new tenant by making a reasonable effort to let you know that they want to come in. This type of entry can only occur between 8 am and 8 pm. 

Evictions 

What are reasons that I could be evicted? 

The valid reasons for eviction are very specifically laid out in the Tenant Protection Act. They are: 

• tenant failed to pay their rent (referred to as arrears), 
• tenant is consistently late paying the rent, 
• tenant has damaged their unit, 
• tenant has impaired the safety of others, 
• tenant is disturbing the reasonable enjoyment of other residents, 
• tenant is carrying on illegal activites in or around their apartment, 
• tenant has overcrowded the apartment, 
• tenant has misrepresented family income in subsidized housing, 
• landlord wants to use the unit for his/her own use. 
• demolition, renovation or conversion. 

What can I do if I received a Notice of Termination? 

The rules for evictions apply to both yourself, any other residents of the apartment and any guests of yours. Your landlord must give you a notice in writing when they want you to move, regardless of the reason. This is called a Notice of Termination. The date that your landlord wants you to move is called the Termination Date. The length of notice of termination is based on the grounds for eviction and whether you are a yearly, month-to-month, or a weekly tenant. If you have received a notice of termination for arrears of rent, you can avoid eviction by paying the full amount of the rent that is owed before the termination date. 

Pets in Apartments 

What if my landlord wants to evict me because I am keeping a pet? 

One of the most confusing questions for tenants has been whether or not they have the right to own a pet. Even if your lease says, "No Pets Allowed," the law permits you to keep a pet. However, the landlord can apply to the Tribunal for an order terminating the tenancy and evicting the tenant if: 

• The past behaviour of the animal has substantially interferred with the reasonable enjoyment of the residential complex by the landlord or other tenants; 
• The presence of the animal has caused the landlord or other tenants to suffer a serious allergic reaction: or 
• The presence of the animal of that species or breed is inherently dangerous to the safety of the landlord or the other tenants.

The Tribunal will not order the tenancy terminated if it is satisfied that the animal kept by the tenant did not cause or contribute to the substantial interference, or that the animal did not cause or contribute to the allergic reaction. 

Renewing Your Lease Or Moving Out 

What do I need to do to renew my lease? 

The end of a lease doesn't mean you have to move out, unless you want to. A lease can be renewed, or a new lease made, if you and the landlord agree. If you don't renew or make a new lease, you can stay as a month-to-month tenant. All of the rules of the former lease will still apply to both you and the landlord. When you renew your lease, your landlord could increase the rent by the amount allowed under the Tenant Protection Act as long as 90 days written notice of the increase is given and 12 months have passed since the last increase. 

How much time do I need to give my landlord to terminate my lease? 

If you rent by the month, you must give 60 days written notice to the landlord to terminate your agreement. If you rent by the week, you must give 28 days notice. For a fixed term lease, a tenant must provide the landlord 60 days notice prior to the end of the term. 

Can I move out before the end of my lease? 

You can move out before the end of a lease in two cases: 

• If you are able to reach an agreement to end the tenancy before the end of the lease, you and the landlord should sign an "Agreement to Terminate a Tenancy" form. 
• You and the landlord agree to assign the tenancy to a new tenant. 

Condo Conversion And Demolition 

What happens if my landlord wants to convert my apartment building to condominiums? 

The Tenant Protection Act now makes it easier for landlords to convert or demolish existing rental buildings.If your landlord demolishes or initiates "major repairs" (repairs extensive enough to require tenants to vacate) to a building, tenants are entitled to three months rent as compensation, provided the complex in which the unit is located contains at least five units. A tenant who receives a notice for the purpose of repairs or renovations may have the right of first refusal to occupy the unit once the repairs or renovations are completed.If a landlord tries to convert your apartment building to a condominium, you cannot be evicted from your apartment because of the conversion. You must be given lifetime security of tenure and a right of first refusal to buy your unit.

If you have questions relating to any demolition, consult with your municipal councillor or the city building department for specific regulations. Municipalities have retained the ability to have official plan policies restricting the conversion of a rental building to a condominium. 

Discrimination By Landlords 

My landlord told me that they can select whomever they want for the building and since there were already too many immigrants in the building that they didn't want to rent to me. Is this type of discrimination against the law? 

It is against the law for a landlord, superintendent, or other tenant to discriminate against you because of your race, sex, colour, sexual orientation, or religion. It is also against the law to discriminate against tenants because they have children or receive social assistance. 

My new landlord ran a credit check on me. Are they allowed to do that? 

Yes. The Tenant Protection Act now allows landlords to ask prospective tenants for rental history, credit references, authority to contact a credit check and income information. 

What can I do if I feel I have been discriminated against? 

If you feel you have been discriminated against, phone the Ontario Human Rights Commission at 1-888-332-3234 or Centre for Equality Rights in Accommodation at 1-800-263-1139. 

Ontario Rental Housing Tribunal 

Who can I go to if I have an issue that needs resolution? 

The Ontario Rental Housing Tribunal resolves disputes between landlords and tenants about rights and responsibilities, including rent increases, evictions and privacy issues.

The Ontario Housing Tribunal provides information to the public through its local office. It also can be reached 24 hours a day by calling toll-free 1-888-332-3234 or visit their web site at www.orht.gov.on.cawww.orht.gov.on.ca. If you need to speak to a customer service representative, please call during regular office hours. 

Filing for an Application 

If you and your landlord are unable to resolve a dispute with each other about rent or other issues, like repairs and privacy, it can be brought to the Tribunal for an order. Filing fees start at $45. Applications to the Tribunal are resolved either by mediation or by a hearing. 

The Hearing 

The hearing is a more formal process where both sides can present their evidence to a decision-maker called an adjudicator. The adjudicator makes an order by applying the law to the facts. The results are an order. An order of the Tribunal can be enforced through the courts. 

Appealing an Order 

If you or your landlord thinks the order contains an error on a point of law, one can appeal the order to the Divisional Court. You have 30 days from the date of the order to apply for an appeal.