Landlord-Tenant Law in Ontario Quiz
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Questions and Answers

Who does the Residential Tenancies Act (RTA) primarily regulate?

  • Landlords and tenants of residential rental accommodation (correct)
  • Real estate agents and property managers
  • Government housing authorities
  • Landlords and tenants of all commercial rental spaces

    • What type of rental units may have special rules under the RTA?

  • Luxury condominiums
  • Cooperative housing units
  • Short-term vacation rentals
  • Care homes and mobile home parks (correct)

    • Which body is responsible for regulating the landlord-tenant relationship under the RTA?

  • The Ontario Housing Authority
  • The Ministry of Municipal Affairs
  • The Provincial Court
  • The Landlord and Tenant Board (correct)

    • What can landlords claim before the Landlord and Tenant Board?

    <p>Termination for lease violations</p> Signup and view all the answers

    Which of the following is a reason for a rent reduction according to the RTA?

    <p>The landlord removed a service or facility</p> Signup and view all the answers

    Which areas does the Landlord and Tenant Board have jurisdiction over?

    <p>Most major cities across Ontario</p> Signup and view all the answers

    What type of situations may lead to termination of tenancy under the RTA?

    <p>Non-payment of rent or inappropriate behavior</p> Signup and view all the answers

    Which of the following is NOT typically covered by the RTA?

    <p>Government-owned commercial properties</p> Signup and view all the answers

    What is a possible outcome for a tenant claiming inadequate maintenance?

    <p>Rent abatement for inadequate maintenance</p> Signup and view all the answers

    What type of new construction might be partially exempt from rent-setting restrictions?

    <p>Certain new rentals and new constructions</p> Signup and view all the answers

    What significant change occurred to the Ontario Rental Housing Tribunal in January 2007?

    <p>It was renamed the Landlord and Tenant Board.</p> Signup and view all the answers

    Which of the following is NOT governed by the Residential Tenancies Act, 2006?

    <p>Commercial lease agreements</p> Signup and view all the answers

    What aspect of landlord-tenant law has been in effect since 1975?

    <p>Rent control</p> Signup and view all the answers

    Which application type is included in the landlord-tenant relationship under the Residential Tenancies Act?

    <p>Application for eviction</p> Signup and view all the answers

    What role did federally appointed judges play before the establishment of the Ontario Rental Housing Tribunal?

    <p>They presided over landlord-tenant disputes.</p> Signup and view all the answers

    Which of the following acts is related to the history of landlord-tenant law in Ontario?

    <p>The Tenant Protection Act</p> Signup and view all the answers

    Which aspect is NOT a responsibility of the Landlord and Tenant Board as per the Residential Tenancies Act?

    <p>Regulating commercial rental agreements</p> Signup and view all the answers

    What does the Residential Tenancies Act, 2006 regulate regarding rent?

    <p>Lawful rent determination and increases</p> Signup and view all the answers

    What is included in the aspects governed by the Residential Tenancies Act?

    <p>The tenancy agreement</p> Signup and view all the answers

    What was the primary function of the Residential Rent Regulation Act?

    <p>To control the amount of increase in rental rates</p> Signup and view all the answers

    What type of legal guidance are the Interpretation Guidelines considered?

    <p>Non-binding suggestions</p> Signup and view all the answers

    Which entity is responsible for making rules related to the procedural issues in the Residential Tenancies Act?

    <p>The Board's Rules and Guidelines Committee</p> Signup and view all the answers

    Which is a characteristic of decisions made by the Board under the Residential Tenancies Act?

    <p>They can clarify the interpretation of RTA sections</p> Signup and view all the answers

    What type of decisions bind the Board in relation to the Residential Tenancies Act?

    <p>Decisions from the Divisional Court or the Court of Appeal</p> Signup and view all the answers

    What do published Board decisions help clarify within the Residential Tenancies Act?

    <p>Interpretations of various RTA sections</p> Signup and view all the answers

    Which of the following is NOT a topic covered by the Interpretation Guidelines?

    <p>Recourse for financial disputes</p> Signup and view all the answers

    What is included in the nature of case law published by the Board under the Residential Tenancies Act?

    <p>Decisions considered useful for clarifying RTA sections</p> Signup and view all the answers

    Which source can serve as persuasive law regarding interpretations of the Residential Tenancies Act?

    <p>Legal texts that compile case law</p> Signup and view all the answers

    What role does case law from other common law jurisdictions play in the context of the Residential Tenancies Act?

    <p>It may provide persuasive authority</p> Signup and view all the answers

    What type of procedural issue might be addressed by the rules made by the Board?

    <p>Fee waivers</p> Signup and view all the answers

    What is the primary source of landlord-tenant law in Ontario?

    <p>Residential Tenancies Act, 2006</p> Signup and view all the answers

    Which body is responsible for enacting regulations under the Residential Tenancies Act?

    <p>Ontario Cabinet</p> Signup and view all the answers

    How is the Residential Tenancies Act structured?

    <p>It is divided into parts and sections.</p> Signup and view all the answers

    Which of the following could NOT typically change the laws established by the RTA?

    <p>New regulations by the Ontario Cabinet</p> Signup and view all the answers

    What are LTB Rules of Procedure primarily used for?

    <p>To outline the process for resolving disputes</p> Signup and view all the answers

    What term is used to refer to the specific divisions within the Residential Tenancies Act?

    <p>Parts</p> Signup and view all the answers

    According to the chapter’s information, what must be true for a regulation to be valid under the RTA?

    <p>It must be authorized by the RTA.</p> Signup and view all the answers

    What does case law provide in the context of landlord-tenant relationships?

    <p>Precedents for legal decisions</p> Signup and view all the answers

    Which section format is used when citing parts of the Residential Tenancies Act?

    <p>s 7</p> Signup and view all the answers

    Which additional statute may apply in conjunction with the Residential Tenancies Act?

    <p>Human Rights Code</p> Signup and view all the answers

    What does RTA stand for?

    <p>Residential Tenancies Act</p> Signup and view all the answers

    The RTA applies to all residential units in Ontario.

    <p>False</p> Signup and view all the answers

    Which of the following are full exemptions under the RTA? (Select all that apply)

    <p>Commercial uses</p> Signup and view all the answers

    Which types of rentals qualify for partial exemptions from the RTA? (Select all that apply)

    <p>Public housing</p> Signup and view all the answers

    What is the date after which units are exempt from rent control if first occupied?

    <p>November 1, 1991</p> Signup and view all the answers

    What governs the accommodation subject to the Homes for Special Care Act?

    <p>The RTA does not apply</p> Signup and view all the answers

    Which types of tenants are considered under public housing exemptions? (Select all that apply)

    <p>Non-profit housing tenants</p> Signup and view all the answers

    Post-secondary institutions have no exemptions under the RTA.

    <p>False</p> Signup and view all the answers

    The RTA lists specific __________ for rental agreements.

    <p>exemptions</p> Signup and view all the answers

    What can change the responsibility for paying utilities in a rental agreement?

    <p>An agreement between the landlord and tenant</p> Signup and view all the answers

    What is a responsibility of landlords when the tenancy agreement is not in writing?

    <p>To provide a written form outlining rights and responsibilities</p> Signup and view all the answers

    Under what condition can a landlord not transfer their obligation to provide services?

    <p>If RTA imposes an obligation on the landlord</p> Signup and view all the answers

    Which of the following statements is true regarding the landlord's legal name and address?

    <p>It must be included in both oral and written tenancy agreements.</p> Signup and view all the answers

    What primary restriction exists regarding a landlord's right to select tenants?

    <p>Landlords must comply with the Ontario Human Rights Code.</p> Signup and view all the answers

    What is the main purpose of a tenancy agreement?

    <p>To establish and define the relationship between the landlord and the tenant</p> Signup and view all the answers

    Which tenancies are typically covered by the RTA?

    <p>Ordinary tenancies not specifically exempted</p> Signup and view all the answers

    Which of the following elements is essential in every tenancy agreement?

    <p>A description of the services and facilities provided</p> Signup and view all the answers

    What must a landlord provide to comply with the Human Rights Code when selecting a tenant?

    <p>Equal opportunity without discrimination</p> Signup and view all the answers

    What has the Rental Fairness Act added to the requirements for tenancy agreements?

    <p>Use of a standard lease for most ordinary tenancies</p> Signup and view all the answers

    Which factor is NOT considered when determining if the RTA applies to a situation?

    <p>Details of the landlord's property management style</p> Signup and view all the answers

    What type of tenants typically fall outside the reach of the RTA?

    <p>Tenants of mobile home sites</p> Signup and view all the answers

    What does the standard lease aim to standardize for ordinary tenancies?

    <p>Terms and conditions of tenancy agreements</p> Signup and view all the answers

    What is one element that must be included in a standard tenancy agreement?

    <p>The amount of rent to be paid</p> Signup and view all the answers

    If a landlord does not use the standard lease, what can a tenant do?

    <p>Request a tenancy agreement in the standard form</p> Signup and view all the answers

    What added requirements were made by the Rental Fairness Act regarding tenancy agreements?

    <p>Mandatory use of a standard lease agreement</p> Signup and view all the answers

    Which of the following statements about additional items in a tenancy agreement is correct?

    <p>They cannot take away a right under the RTA</p> Signup and view all the answers

    What obligation does a tenancy agreement set regarding services provided by the landlord?

    <p>It defines the responsibilities of the landlord for services like heating</p> Signup and view all the answers

    What happens to a tenant's agreement if the landlord fails to provide a standard form lease after a request?

    <p>The tenant can terminate the tenancy</p> Signup and view all the answers

    Which of the following is NOT considered a basic element of a tenancy agreement?

    <p>Rules for subletting</p> Signup and view all the answers

    What responsibility does a successor landlord have upon purchasing a property in disrepair?

    <p>They are responsible for any rent abatements due to disrepair.</p> Signup and view all the answers

    What action should a tenant take if a landlord fails to make necessary repairs after a written request?

    <p>Complain to the municipal property standard office and/or apply to the board.</p> Signup and view all the answers

    How does regulation O Reg 516/06 determine interference with reasonable enjoyment due to repair work?

    <p>It provides criteria that the Board must apply during evaluations.</p> Signup and view all the answers

    What is the maximum allowable abatement of rent for interference due to repairs?

    <p>100% of the monthly rent for each month of interference.</p> Signup and view all the answers

    What criterion determines if a tenant’s reasonable enjoyment has been substantially interfered with?

    <p>Whether amenities are temporarily inaccessible during repairs.</p> Signup and view all the answers

    What are landlords required to maintain to ensure the unit is fit for habitation?

    <p>Adequate ventilation and secure doors</p> Signup and view all the answers

    What is meant by a rental unit being in a 'good state of repair'?

    <p>It should be satisfactory to a reasonable tenant</p> Signup and view all the answers

    What should tenants do to request repairs to their rental unit?

    <p>Contact the landlord or the appropriate authority</p> Signup and view all the answers

    Which of the following is NOT an obligation of landlords for maintaining rental units?

    <p>Replacing all worn-out furniture</p> Signup and view all the answers

    How quickly must landlords perform necessary repairs?

    <p>As soon as possible, depending on the urgency of the repair</p> Signup and view all the answers

    What is the likely outcome if tenants experience disruption due to repairs?

    <p>They can request an abatement in rent</p> Signup and view all the answers

    What is the implication of the phrase 'fitness for habitation' for a landlord's responsibilities?

    <p>Landlords must ensure the unit is healthy for reasonable tenants</p> Signup and view all the answers

    What is the landlord's duty regarding the condition of the rental unit upon tenant turnover?

    <p>To deliver the unit in compliance with health and safety standards</p> Signup and view all the answers

    When must a landlord fulfill their obligation to repair according to the Residential Tenancies Act?

    <p>When the landlord is informed about a problem</p> Signup and view all the answers

    What responsibility does a landlord have after a tenant has moved in regarding unit inspections?

    <p>To wait for tenants to report issues before responding</p> Signup and view all the answers

    What happens if a landlord does not fulfill their repair obligations?

    <p>They may face legal consequences or tenant complaints</p> Signup and view all the answers

    When can a landlord rent a unit to a new tenant before repairs are completed?

    <p>As long as the unit meets health and safety standards</p> Signup and view all the answers

    Under what condition is a landlord not required to make repairs?

    <p>If the damage is due to tenant negligence</p> Signup and view all the answers

    What should a landlord implement to address requests for repairs from tenants?

    <p>A system to respond to requests within a reasonable time</p> Signup and view all the answers

    What defines a landlord's liability for repairs under normal circumstances?

    <p>Liability occurs when a problem is known or should have been known</p> Signup and view all the answers

    What is typically expected from landlords in regard to delivering a unit after tenant turnover?

    <p>Deliver the unit in a state that meets maintenance and repair obligations</p> Signup and view all the answers

    What type of deposit is explicitly allowed under the Residential Tenancies Act in Ontario?

    <p>Deposits for last month's rent</p> Signup and view all the answers

    Under what condition may a landlord enter a rental unit without notice?

    <p>In case of an emergency</p> Signup and view all the answers

    What must a landlord do when they collect a last month's rent deposit?

    <p>Pay interest on the deposit</p> Signup and view all the answers

    Which is considered a prohibited act by a landlord under the Residential Tenancies Act?

    <p>Withholding vital services</p> Signup and view all the answers

    What is one of the conditions under which a landlord can show a rental unit to prospective tenants without notice?

    <p>It occurs between 8 a.m. and 8 p.m.</p> Signup and view all the answers

    Which action can a tenant take if they believe their landlord has committed a prohibited act?

    <p>Apply for an order from the Board</p> Signup and view all the answers

    What is prohibited regarding the payment methods landlords can demand from tenants?

    <p>Post-dated cheques</p> Signup and view all the answers

    What type of consent allows a landlord to enter a rental unit without notice?

    <p>Verbal consent from the tenant</p> Signup and view all the answers

    Which scenario allows a landlord to enter a rental unit for maintenance without prior notice?

    <p>For emergency repairs</p> Signup and view all the answers

    What must a landlord not charge for, according to the guidelines of the Residential Tenancies Act?

    <p>For goods or services as a condition of renting</p> Signup and view all the answers

    Which of the following charges are tenants not allowed to impose on other tenants?

    <p>Illegal charges</p> Signup and view all the answers

    Under what circumstances can a landlord enter a leased property?

    <p>In case of an emergency</p> Signup and view all the answers

    What remedy is available to tenants if their quiet enjoyment is disturbed by the landlord?

    <p>Filing a complaint with the authorities</p> Signup and view all the answers

    What type of security deposit rules are established under the Residential Tenancies Act?

    <p>Security deposits cannot exceed one month's rent</p> Signup and view all the answers

    Which action is illegal for a tenant under the Residential Tenancies Act?

    <p>Charging for additional roommates</p> Signup and view all the answers

    What are landlords prohibited from charging tenants for in relation to the rental application?

    <p>Any illegal charges</p> Signup and view all the answers

    What is the maximum amount a landlord can legally charge for a security deposit?

    <p>Equal to the first month's rent</p> Signup and view all the answers

    If a landlord violates rental guidelines, what is a potential remedy available to the tenant?

    <p>Filing a formal complaint with the appropriate authorities</p> Signup and view all the answers

    Which of the following is an illegal requirement placed on tenants by landlords?

    <p>Paying a fee for entering into the lease</p> Signup and view all the answers

    What must be taken into account when computing time between two events according to the RTA?

    <p>Include Saturdays, Sundays, and holidays</p> Signup and view all the answers

    What is required for a landlord or tenant to properly serve documents to each other?

    <p>Following the guidelines in s 191 of the RTA</p> Signup and view all the answers

    What does section 193 of the RTA specifically address?

    <p>How to calculate time for notices and documents</p> Signup and view all the answers

    What is a requirement for certificates of service under the RTA?

    <p>They should confirm compliance with the Board's rules</p> Signup and view all the answers

    What is the primary reason for extending or shortening time limits in the RTA?

    <p>To ensure equitable treatment in tenancy disputes</p> Signup and view all the answers

    In the context of serving documents, what is the significance of Rule 3 of the Landlord and Tenant Board's Rules of Procedure?

    <p>It describes the validity of notice delivery methods</p> Signup and view all the answers

    Which of the following statements about notices is NOT true?

    <p>Notices should be served during business hours only</p> Signup and view all the answers

    What happens if a notice is not served correctly according to the RTA?

    <p>The Board may dismiss the application if challenged</p> Signup and view all the answers

    Which aspect is fundamental for understanding the timing of important notices under the RTA?

    <p>Specific timing requirements are outlined and must be followed</p> Signup and view all the answers

    How many hours notice must a landlord give before entering a rental unit?

    <p>24 hours</p> Signup and view all the answers

    What is the notice period for a tenant to terminate a monthly tenancy?

    <p>60 days</p> Signup and view all the answers

    Which of the following scenarios may the Board NOT extend or shorten the time requirements?

    <p>Landlord's notice to raise rent</p> Signup and view all the answers

    What is a certificate of service in the context of the Residential Tenancies Act?

    <p>A record of having served a notice or document</p> Signup and view all the answers

    Which mode of document submission is NOT mentioned for the Landlord and Tenant Board?

    <p>Via telephone</p> Signup and view all the answers

    In what regions are parties entitled to receive services in French from the Board?

    <p>In areas formerly designated under the French Language Services Act</p> Signup and view all the answers

    What time frame must be provided for a landlord’s notice to raise rent?

    <p>90 days</p> Signup and view all the answers

    Who should sign the certificate of service?

    <p>The person who served the notice</p> Signup and view all the answers

    What is the purpose of the e-filing portal provided by the Board?

    <p>To receive documents and service applications</p> Signup and view all the answers

    What document may process servers provide instead of a certificate of service?

    <p>Affidavit of service</p> Signup and view all the answers

    Which form is used for a complaint regarding tenant rights?

    <p>Form T2</p> Signup and view all the answers

    What is a common defense that landlords may use against tenant harassment claims?

    <p>Landlord's lack of knowledge about the harassment</p> Signup and view all the answers

    How many types of tenant applications are specified in the content?

    <p>Seven</p> Signup and view all the answers

    Which application type requires a form specifically addressing rent reductions due to a discontinued service?

    <p>Form T3</p> Signup and view all the answers

    What is the main purpose of the T6 application form?

    <p>Request for maintenance</p> Signup and view all the answers

    What is typically NOT a valid reason for a tenant to apply for a rent rebate?

    <p>Increase in rent rates</p> Signup and view all the answers

    In the context of filing tenant applications, what does the term 'limitation period' refer to?

    <p>The duration in which a tenant can file an application</p> Signup and view all the answers

    Which of the following reasons is NOT grounds for bringing a rent rebate application?

    <p>Landlord's failure to provide notice</p> Signup and view all the answers

    What is a valid landlord defense against a tenant's repair claim?

    <p>The landlord claims normal wear and tear caused the disrepair.</p> Signup and view all the answers

    When is it appropriate for a tenant to undertake their own repairs?

    <p>When the repair is severe enough to prevent waiting for Board approval.</p> Signup and view all the answers

    What can a tenant seek as a remedy for disrepair in their rental unit?

    <p>An order for an abatement of rent.</p> Signup and view all the answers

    What should a tenant provide to their landlord before undertaking repairs?

    <p>Written notice with a deadline for repairs.</p> Signup and view all the answers

    How does the Board determine the amount of abatement for rent due to disrepair?

    <p>The difference between the fair value of the premises as intended and their current state.</p> Signup and view all the answers

    What is the most effective defense a landlord can use against a tenant's claim of harassment?

    <p>Show that the alleged activities did not occur.</p> Signup and view all the answers

    Which of the following can a tenant apply for if they believe unlawful actions have been taken by the landlord?

    <p>An application for a rent rebate.</p> Signup and view all the answers

    What is required from the tenant when applying for a rent rebate due to unlawful charges?

    <p>Evidence that the landlord did not follow the RTA.</p> Signup and view all the answers

    What type of claims can a tenant file in a T2 application against their landlord?

    <p>Claims of illegal entry, interference with enjoyment, or harassment.</p> Signup and view all the answers

    If a tenant believes their landlord has charged unlawful rent, what is the primary remedy available?

    <p>The repayment of the unlawful charges.</p> Signup and view all the answers

    What evidence is crucial for a tenant to support their claim in a T2 application?

    <p>Documentation proving that the landlord violated the RTA.</p> Signup and view all the answers

    What is a typical limitation period for a tenant to file a claim for a rent rebate?

    <p>Within 12 months from the date of the incident.</p> Signup and view all the answers

    What is the maximum time frame within which a tenant must submit an application for a single event breach by a landlord?

    <p>One year</p> Signup and view all the answers

    When can a tenant file an application if alleging that a landlord's breach is ongoing?

    <p>While problem is still occurring or within one year of resolution</p> Signup and view all the answers

    In landlord defenses against claims of illegal entry, what is a relevant factor?

    <p>The landlord's intention during the entry.</p> Signup and view all the answers

    What is one of the remedies the Board may order if a tenant files a T6 application?

    <p>Termination of tenancy</p> Signup and view all the answers

    Which of the following is NOT a typical issue addressed in a T2 application?

    <p>Damages caused by unpaid rent.</p> Signup and view all the answers

    Which statement about tenant rights concerning application for a rent rebate is correct?

    <p>Tenants can apply for rebates if they prove unlawful charges.</p> Signup and view all the answers

    Which type of application addresses allegations of a landlord failing to maintain the rental unit properly?

    <p>Form T6</p> Signup and view all the answers

    What can the Board NOT do when addressing tenant applications regarding breaches?

    <p>Award compensation prior to the breach</p> Signup and view all the answers

    What is the purpose of Form T7 in tenant applications?

    <p>To contest rent increases linked to utility payments</p> Signup and view all the answers

    Which of the following is a possible remedy regarding rent increases due to a landlord's breach?

    <p>Disallowing rent increase until repairs are completed</p> Signup and view all the answers

    If a tenant's application for increasing rent is linked to unpaid utilities, which application form should they fill?

    <p>Form T7</p> Signup and view all the answers

    If a tenant does not file an application within the stipulated time for a single event breach, what is the result?

    <p>They lose the right to seek a remedy for that event</p> Signup and view all the answers

    Study Notes

    History of Landlord-Tenant Law in Ontario

    • Rent control has applied to most rental units since 1975.
    • Various boards applied the rent control system.
    • Federally appointed judges resolved landlord-tenant disputes.
    • From June 1998, the Ontario Rental Housing Tribunal heard both landlord and tenant applications and rent control applications.
    • From January 31, 2007, the Ontario Rental Housing Tribunal was renamed the Landlord and Tenant Board ("the Board").

    Laws Governing Residential Rental Housing in Ontario

    • The Residential Tenancies Act, 2006 (RTA) regulates all aspects of residential tenancies in Ontario.
    • Other regulations like the Rent Review Act, Residential Rent Regulation Act, Rent Control Act, and Tenant Protection Act also apply.
    • All landlord-tenant relationships and rent aspects are now governed by the RTA.

    Regulations Determined by the RTA

    • The RTA regulates:
      • Tenancy agreements
      • Eviction proceedings
      • Assignments and sublets
      • Lawful rent determination
      • Lawful rent increases

    Who is Regulated By the RTA?

    • Landlords and tenants of all residential rental accommodation in Ontario are regulated by the RTA:
      • High-rise apartments
      • Rented single-family homes
      • Everything in between
    • Special rules apply to specific types of rental units like care homes, mobile home parks, and land lease communities.
    • Partial exemptions exist for some government housing.
    • Some exemptions from rent-setting restrictions apply to new construction and some new rentals.

    The Landlord and Tenant Board ("the Board")

    • Members of the Board are appointed by the Provincial government under the RTA.
    • The Board has offices in most major cities across Ontario, including three in Toronto.
    • The Board hears landlord claims against former tenants.

    Examples of Possible Applications to the Board

    • Possible applications concerning the landlord-tenant relationship include:
      • Termination for non-payment of rent, inappropriate behavior, or failure to leave after giving notice.
      • Rent abatement for inadequate maintenance.
    • Possible applications concerning the amount of rent include:
      • Applications for above-guideline rent increases.
      • Rent reduction due to landlord removal of a service or facility.

    Residential Tenancies Act

    • The Residential Tenancies Act, 2006 (RTA) governs residential tenancies in Ontario.
    • Ontario's legislature enacts the RTA and only the legislature can change it.
    • Other legislation applies, including the Human Rights Code.
    • The RTA has 19 parts and is divided into sections.
    • RTA is found in Appendix A of the textbook.

    Regulations

    • Regulations are made by the Ontario Cabinet.
    • The legislature does not need to approve them.
    • Regulations are valid if authorized by the RTA.
    • Regulations are found in Appendix B.

    Rules of Procedure and Practice Directions

    • The Board (Rules and Guidelines Committee) makes these rules.
    • Rules address procedural issues such as representation by a paralegal, litigation guardians, fee waivers, and case management hearings.
    • Rules are found in Appendix C.

    Interpretation Guidelines

    • Guidelines are non-binding.
    • The board issues these guidelines to suggest how to interpret the RTA, regulations, and rules.
    • Guidelines cover issues such as rescheduling or adjourning application hearings, awarding costs, and issues in various eviction applications.
    • Guidelines are found in Appendix D.

    Case Law

    • The board makes and reports decisions about specific cases in online legal search services.
    • The board publishes decisions to clarify the meaning of various sections of the RTA.
    • Published decisions are "case law."
    • Decisions of one board member do not bind another.

    Case Law (cont’d)

    • The RTA contains sections from the Tenant Protection Act.
    • Decisions of courts on adopted RTA sections can be relevant.
    • Decisions of the Divisional Court or the Court of Appeal are binding on the Board.
    • Decisions from other common law jurisdictions such as the U.K., Australia, New Zealand, and the U.S. can be persuasive.

    Relevant Texts

    • Legal texts can be persuasive sources of the law.
    • They often assemble case law on issues and provide an opinion on conflicting case law.
    • Legal texts sometimes comment on issues with no reported decisions.

    RTA Applicability and Exemptions

    • The Residential Tenancies Act (RTA) applies to all residential units in Ontario unless a specific exemption applies.
    • Full exemptions mean that no rules in the RTA apply.
    • Partial exemptions mean that some, but not all, of the rules in the RTA apply.

    Full Exemption Categories

    • Commercial uses
    • Rentals to employees
    • Rentals at institutions (e.g. a nursing home)
    • "Tenants" who are really owners (e.g. someone who owns a unit and rents it out)
    • Some educational institutions
    • Situations of close contact (e.g. landlord and employee who live together)

    Partial Exemption Categories

    • New construction or new rentals
      • Buildings, mobile home parks, or land lease communities:
        • No part of the building was occupied for residential purposes on or before November 15, 2018.
        • An addition to a building, mobile home park, or land lease community: no part of the addition was occupied for residential purposes on or before November 15, 2018.
        • The unit is not subject to a tenancy agreement entered into before November 15, 2018.
    • Partial institutional exemptions
      • Accommodation subject to the Homes for Special Care Act or the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act
      • Buildings owned, operated, or administered by a religious institution for charitable use on a non-profit basis.
    • Public housing
      • Public housing
      • Tenants whose rent is geared to income
      • Non-profit housing developed under a prescribed federal or provincial program or in non-member units of a housing cooperative.
    • Other educational institutions
      • Some units in university/college residences have a partial exemption from the RTA.
      • Post-secondary institutions (and landlords who make certain agreements with them) are exempt from the rule that an agreement to terminate is void if it is made at the time that a tenancy agreement is made.

    New Construction or New Rentals: Detached, Semi-Detached, Row Houses

    • Units in detached houses, semi-detached houses, and row houses are exempt from rent control regulations under certain conditions.
    • If, before November 15, 2018, the housing contained not more than two residential units, the rental unit met certain facility requirements, and either:
      • The owner(s) lived in another residential unit in the housing; or
      • The rental unit was, immediately prior, an unfinished space.

    The Tenancy Agreement

    • Tenancy agreements define the relationship between a landlord and tenant.
    • The tenancy agreement is crucial in deciding if the Residential Tenancies Act (RTA) applies.
    • RTA applies to most tenancies; exceptions include co-operatives and some social housing.
    • The RTA requires the use of a standard lease for "ordinary tenancies".

    Basic Elements of a Tenancy Agreement

    • The standard lease includes; premises, rent, start date, end date.
    • The landlord must provide a tenancy agreement in the standard form if requested by the tenant.
    • The tenant may end the tenancy if the landlord does not provide a standard form lease.
    • The standard lease includes: contact information, services, utilities, rent discounts, smoking rules, insurance obligations, and rules regarding subletting.
    • No additional term in a lease can take away a tenant right under the RTA.

    Responsibilities for Services

    • The tenancy agreement outlines the services and facilities provided by the landlord, such as furniture and heating.
    • The RTA does not allow landlords to transfer obligations to the tenant by way of a lease.

    Utilities

    • Utilities, including heat, hydro, and water, are supplied to the rental unit.
    • Responsibility for paying utilities can be assigned to either the landlord or the tenant.
    • Any changes to the responsibility for paying utilities must be agreed upon by both the landlord and tenant.

    Landlord Information Required

    • If the tenancy agreement is not in writing, the landlord must provide the tenant with information outlining the rights and responsibilities of both parties.
    • This includes the role of the Landlord and Tenant Board and how to contact them.
    • Written tenancy agreements require the landlord’s legal name and address for service.
    • If a property manager makes rental and eviction decisions, they are considered a landlord.
    • If the tenancy agreement is verbal, the landlord must provide the tenant with written notice of their legal name and address.

    Restrictions on Tenant Selection

    • While there are no restrictions under the RTA regarding landlord's right to accept or reject tenants, restrictions do exist under the Ontario Human Rights Code.
    • Landlords cannot discriminate based on grounds of race, ancestry, place of origin, color, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability, or receipt of public assistance.
    • Landlords cannot refuse to rent to people receiving public assistance or set a fixed rule about the maximum proportion of income that can be spent on rent.
    • Landlords can take into account prospective tenants’ income, credit checks, credit history, credit references, and willingness to provide a co-signer or guarantor.

    Pets and Tenancy Agreements

    • Landlords can refuse to rent to a prospective tenant because they own a pet.
    • Any prohibition against pets in a tenancy agreement is void.

    Landlord's Repair Obligations

    • Landlords must keep rental units and the complex in a "good state of repair", but this doesn't mean new or restored to new condition.
    • "Good state of repair" means a reasonable tenant would find it satisfactory.
    • Landlords must provide the unit and complex in a condition that is both physically and mentally healthy for tenants.
    • Landlords are also obliged to maintain heat, provide potable cold water and hot water sufficient for washing, adequate ventilation, and secure windows and doors.
    • Landlords must ensure compliance with health, safety, housing, and maintenance standards set by the municipality and/or health department.

    Landlord's Responsibilities at Tenancy Turnover

    • Landlords are responsible for inspecting the vacated unit to ensure it is delivered to the new tenant in compliance with maintenance and repair obligations.
    • Landlords can rent the unit to a new tenant before repairs are completed and then make the repairs before the tenant moves in.
    • Landlords may complete an inspection report when the new tenant moves in.

    Requests for Repairs

    • Landlords are not typically required to inspect the rental unit on a regular basis after the tenant has moved in.
    • Landlords are expected to respond to tenant requests for repairs within a reasonable time.
    • The landlord is responsible for repairs that have been caused by normal wear and tear, and they must repair items that are not in "good state of repair", unless the damage was caused by the tenant's wilful or negligent conduct.

    Successor Landlord's Obligations

    • If a landlord purchases a property that was in a state of disrepair, they become responsible for the property's condition and any abatements of rent owed to tenants as a result of the disrepair.

    Tenant Action

    • When a landlord does not fulfill repair obligations, tenants should make a request in writing.
    • If the landlord does not comply, tenants can complain to the municipal property standards office (PSO) or apply to the board under sections 29(1) and 30(1).

    Abatements

    • Tenants may be without the use of their amenities during landlord-ordered repairs.
    • Abatements of rent are provided for substantial interference with the tenant’s reasonable enjoyment of the rental unit or complex.
    • When deciding on an abatement award, adjudicators consider that the work was necessary and essential to the health and safety of the tenant or the complex.
    • The maximum abatement amount is 100% of the monthly rent for each month or part of a month during which the work was performed.

    Illegal Rent and Charges

    • Landlords cannot charge more rent than permitted by the Residential Tenancies Act (RTA).
    • Landlords are prohibited from charging tenants to pay for illegal charges, such as application fees, or for goods and services required to rent the unit.
    • Tenants are prohibited from charging other tenants illegal fees, or charging more for their unit than their own rent.

    Security Deposits

    • Security deposits for damages are prohibited in Ontario.
    • Landlords can collect a deposit for last month's rent (LMR).
    • Landlords must pay interest on LMR deposits.
    • Landlords cannot demand post-dated cheques or automatic rent payments.

    Quiet Enjoyment

    • The RTA protects tenants from interference with quiet enjoyment, including a landlord's failure to maintain the rental unit or engage in other prohibited acts such as withholding vital services or illegally entering the unit.
    • Tenants can apply to the Landlord and Tenant Board (LTB) for an order against a landlord or superintendent who has committed a prohibited act.

    Landlord Entry

    • The RTA outlines the conditions under which a landlord can enter a rental unit.
    • Landlords can enter in emergencies without notice.
    • Landlords can enter with a tenant's consent at the time of entry.
    • Landlords can enter to show a unit to prospective tenants between 8 am and 8 pm, with reasonable notice and after a notice of termination has been given.

    Serving Documents

    • Landlords and tenants follow similar rules for giving notices to one another.
    • The RTA and the Landlord and Tenant Board’s Rules of Procedure outline acceptable methods of giving notices.

    Calculating Time

    • Time is measured according to the Rules found in section 193 of the RTA
    • When calculating time, the day the second event occurs is counted, but the day the first event occurs is not.
    • Saturdays, Sundays, and holidays are included in time calculations.

    Important Notice Periods

    • Most notices must be in writing and often must be provided in a form approved by the Board.
    • The Board can shorten or lengthen some, but not all, time limits.
    • Important time limits include:
      • Landlord entering a unit: 24 hours notice
      • Tenant terminating tenancy: 60 days notice for monthly tenancy
      • Landlord terminating tenancy: 60 days notice for monthly tenancy
      • Raising rent: 90 days notice

    Extensions and Reductions of Time

    • Provisions for extending and shortening time limits can be found in sections 190 and 56 of the RTA, and Board Rule 16.
    • The RTA states the Board "may extend or shorten the time requirements with respect to any matter in its proceedings, other than the prescribed time requirements" (s 190 (2)).

    Filing Documents with the Board

    • The Board provides services and receives documents through regional offices, online portals, and ServiceOntario centres.
    • Applications can be submitted by fax, mail, and in some cases, email.

    Certificates of Service

    • It is best practice to record when a notice or document is served under the RTA.
    • The person who served the notice should sign the certificate of service.
    • Certificates of service are typically filed in person.

    French Language Services

    • French-language services are available in certain areas of the province, as described in the French Languages Services Act.
    • Details regarding French language services are provided in Rule A6 of the Board’s Rules of Procedure.

    Tenant Applications

    • There are seven types of tenant applications: Request for maintenance, Complaint regarding tenant rights, Request for a rent rebate, Allegation that the landlord gave notice of termination in bad faith, Request for a rent reduction as a result of the discontinuance of a service or facility or a reduction in municipal taxes, Complaints regarding a landlord who has failed to comply with an agreement to provide a new service or perform capital work in exchange for an increase rent above guideline, Allegations that a landlord failed to follow the proper rules when requiring the tenant to become responsible to pay for electricity or other utilities
    • Most tenant applications have a one-year limitation period
    • If the alleged breach is ongoing, the application must be filed while the problem is still occurring, or within one year of being solved
    • The Board can only award compensation going as far back as one year before the application was filed

    Breach of Maintenance Obligations

    • Tenant can file an application if they believe landlord failed to properly maintain the rental unit or residential complex
    • The Board may order the landlord to terminate tenancy, order abatement of rent, authorize the repair, costs paid by landlord, order landlord to do repair, replacements, or other work, order landlord to pay reasonable costs that tenant has incurred or will incur as a result of landlord’s breach, prohibit the landlord from giving rent increase to or taking rent increase from tenant or future tenants until repairs completed, or make any other order deemed appropriate
    • Landlord defense's: When the tenant caused the damage or the landlord responded as quickly as possible

    Damages

    • The Board can order the landlord to pay the tenant for reasonable costs that the tenant has incurred or will incur in repairing or when repairing is not reasonable, replacing belongings of the tenant that were damaged, destroyed, or disposed of as a result of the landlord’s breach
    • The Board can order the landlord to pay for other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord’s breach

    Tenant Rights

    • A tenant can file an application if the landlord has illegally entered, interfered with the tenant's reasonable enjoyment, or harassed the tenant
    • Six remedies the Board can issue: Order the landlord to vacate the premises, pay for repairs, pay for the replacement of personal items, reimburse lost wages, pay the tenant damages, and prohibit future illegal entries

    Landlord Defenses

    • The most effective landlord defense to a tenant harassment or illegal entry claim is to show that the alleged activities did not take place

    Application for a Rent Rebate

    • A tenant, former tenant, or prospective tenant can apply if they believe the landlord has charged unlawful rent, collected an illegal charge, retained a rent deposit of more than one month, failed to pay annual interest on the rent deposit, or failed to refund the rent deposit when required
    • The only remedy available is the repayment of the money unlawfully charged or collected

    Abatements

    • A tenant’s most common remedy for disrepair is an order for an abatement of rent
    • The Board may determine the amount of the abatement as a percentage of the rent

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    Test your knowledge on the history and regulations of landlord-tenant law in Ontario. This quiz covers key developments and aspects of the Residential Tenancies Act, including tenancy agreements and eviction proceedings. Explore how rent control and various acts have shaped the housing landscape in Ontario.

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