For landlords in Ontario, navigating the rental landscape means understanding a specific set of duties and obligations. These responsibilities aren’t just good practice; they are legally mandated by the Residential Tenancies Act, 2006 (RTA), the cornerstone legislation governing residential tenancies in the province. Familiarizing yourself with these requirements is crucial for fostering positive landlord-tenant relationships and avoiding potential disputes.
Here’s a breakdown of the core landlord responsibilities in Ontario:
1. Maintaining the Property in Good Repair
One of the most fundamental duties of an Ontario landlord is to keep the rental property, including the rental unit itself and any common areas, in a good state of repair. This means ensuring the property is fit for habitation and complies with all health, safety, housing, and maintenance standards.
What does this entail?
- Structural Integrity: Maintaining the roof, walls, ceilings, and floors in a safe and sound condition.
- Essential Services: Providing and maintaining vital services such as heat (from September 1st to June 15th, at a minimum of 20°C, though local bylaws may vary), hot and cold water, electricity, and fuel (like natural gas). Landlords cannot cut off or interfere with these services, even if rent is overdue.
- Working Systems: Ensuring electrical, plumbing, and heating systems are in proper working order.
- Appliances: If appliances are provided, they must be maintained and kept in good working condition.
- Pest Control: Addressing and eliminating pest infestations (e.g., cockroaches, mice).
- Safety Features: Installing and maintaining smoke and carbon monoxide detectors as required by law.
- Cleanliness of Common Areas: Keeping shared spaces like lobbies, hallways, laundry rooms, and parking lots clean and well-maintained.
- Snow Removal and Lawn Care: In most multi-residential buildings, landlords are responsible for snow removal from common walkways and driveways, and for lawn maintenance.
Relevant Legislation: Sections 20-24 of the Residential Tenancies Act, 2006 outline the landlord’s responsibility for maintenance and repair. You can find the full Act here: Residential Tenancies Act, 2006
2. Respecting Tenant Privacy and Providing Proper Notice of Entry
Tenants in Ontario have a right to reasonable enjoyment and privacy within their rented unit. Landlords generally cannot enter a rental unit without proper notice.
Key rules for entry:
- 24-Hour Written Notice: In most cases, a landlord must provide at least 24 hours’ written notice before entering a rental unit. This notice must specify the reason for entry and the date and time (which must be between 8 a.m. and 8 p.m.).
- Valid Reasons for Entry: Permitted reasons for entry with notice include:
- Making repairs or doing work in the unit.
- Inspecting the unit for maintenance issues.
- Showing the unit to prospective tenants or purchasers (after a notice of termination has been given).
- Exceptions to Notice: A landlord can enter a unit without written notice only in specific circumstances:
- In an emergency (e.g., fire, flood).
- If the tenant agrees to the entry at the time.
- If the tenancy agreement explicitly requires the landlord to clean the unit at specific times.
Relevant Legislation: Section 27 of the Residential Tenancies Act, 2006 details the rules around a landlord’s right to enter a rental unit.
3. Providing a Standard Lease and Rent Receipts
Landlords are required to use the Ontario Standard Lease for most residential tenancies entered into on or after April 30, 2018. This standardized form helps ensure both parties are aware of their rights and responsibilities.
Additionally, landlords must provide a receipt for any rent payment if requested by the tenant. They cannot charge a fee for providing a receipt.
4. Adhering to Rent Increase Guidelines
Rent increases in Ontario are regulated. Landlords can generally only increase the rent once every 12 months, and the increase must not exceed the annual rent increase guideline set by the provincial government. For 2025, the rent increase guideline is 2.5%.
Landlords must also provide at least 90 days’ written notice of a rent increase using the proper Landlord and Tenant Board (LTB) forms (N1, N2, or N3). You can find information on the current guideline here: Residential rent increases – Ontario.ca
5. Following Proper Eviction Procedures
Evicting a tenant in Ontario is a legal process that must strictly adhere to the RTA. Landlords cannot simply change locks or cut off vital services to remove a tenant.
Key points:
- Valid Reasons for Eviction: There must be a legal reason for eviction, such as non-payment of rent, damaging the property, or interfering with others’ reasonable enjoyment.
- Proper Notice: Landlords must issue a proper written notice of termination using the correct LTB form.
- LTB Order Required: Even with proper notice, a landlord cannot physically evict a tenant without first obtaining an eviction order from the Landlord and Tenant Board (LTB). The LTB is an independent tribunal that resolves disputes between landlords and tenants.
- Tenant Rights: Tenants have the right to dispute eviction notices and attend hearings at the LTB to present their case.
Relevant Legislation: Parts V and V.1 of the Residential Tenancies Act, 2006 cover security of tenure and termination of tenancies. You can learn more about the Landlord and Tenant Board and access forms here: Landlord and Tenant Board (Tribunals Ontario)
6. Managing Rent Deposits and Interest
Landlords can collect a rent deposit, which cannot exceed the amount of one rental period’s rent (e.g., one month’s rent for a monthly tenancy). This deposit can only be used as the tenant’s last rent payment. Landlords are also required to pay interest on the rent deposit to the tenant every year. The interest rate is the same as the rent increase guideline for that year.
7. Not Interfering with Reasonable Enjoyment and Preventing Harassment
Beyond respecting tenant privacy, a crucial landlord responsibility is to ensure they do not interfere with a tenant’s reasonable enjoyment of the rental unit or residential complex. This extends to actions by the landlord, their agents, or even other tenants within their control, and covers more than just physical entry.
What this entails:
- Peaceful Enjoyment: Landlords must not engage in excessive noise, harassment, or other behaviors that disrupt a tenant’s peaceful enjoyment of their home. This includes verbal abuse, intimidation, or repeated, unwarranted contact.
- Intrusive Behavior: Even legal entries, if done excessively or with malicious intent, could constitute harassment.
- Coercion and Threats: It is illegal for landlords to threaten a tenant with eviction, service cut-offs, or other actions to compel them to do something, such as agreeing to an illegal rent increase or vacating the unit.
- Addressing Other Tenant Harassment: If one tenant is harassing another within the residential complex, and the landlord is aware, they have a responsibility to take reasonable steps to address and stop the harassment.
Relevant Legislation: Sections 22 and 23 of the Residential Tenancies Act, 2006 specifically address a landlord’s interference with reasonable enjoyment and harassment.
8. Not Discriminating Against Tenants
This is a fundamental landlord responsibility rooted in human rights law. Landlords in Ontario cannot discriminate against prospective or current tenants based on protected grounds under the Ontario Human Rights Code.
Protected grounds include (but are not limited to):
- Race, ancestry, place of origin, colour, ethnic origin, citizenship
- Creed (religion)
- Sex (including pregnancy), sexual orientation, gender identity, gender expression
- Disability
- Age
- Marital status, family status (e.g., having children)
- Receipt of public assistance (e.g., ODSP, Ontario Works)
Landlords must make decisions based on legitimate business criteria, such as a tenant’s ability to pay rent and positive references, and not on discriminatory grounds. This also includes a duty to accommodate tenants with needs related to a protected ground (e.g., making reasonable modifications for a tenant with a disability) up to the point of undue hardship.
Relevant Legislation: The Ontario Human Rights Code is the primary legislation here: Ontario Human Rights Code. For more information on human rights in Ontario, you can also visit the Ontario Human Rights Commission website.
The Role of Property Management in Ensuring RTA Compliance
Given the intricate nature of the Residential Tenancies Act, 2006 and the frequent updates to regulations, many landlords in Ontario choose to engage a professional property management company. These companies specialize in understanding and adhering to the RTA, helping landlords avoid common pitfalls and potential legal disputes. A reputable property manager stays current on all relevant legislation, ensures leases are compliant with the Ontario Standard Lease, manages maintenance requests promptly, handles rent collection and increases according to the guidelines, and guides landlords through the proper procedures for notice of entry or eviction. By leveraging their expertise, landlords can gain peace of mind, knowing their investment is managed in accordance with Ontario law, minimizing risks, and fostering better landlord-tenant relationships.
Importance of the Residential Tenancies Act
The Residential Tenancies Act, 2006 is the comprehensive legislation that outlines the rights and responsibilities of both landlords and tenants in Ontario. It aims to balance the interests of both parties and provide a framework for resolving disputes. Understanding this Act is paramount for any landlord operating in the province.
Being a responsible landlord in Ontario means understanding and adhering to these legal obligations. By doing so, you contribute to a fair and stable housing market and can avoid unnecessary legal complications. If you have any specific questions or are facing a dispute, it’s always advisable to consult with the Landlord and Tenant Board or a legal professional specializing in landlord-tenant law.
