What a Landlord Cannot Do Ontario?

What Landlords Are Not Allowed To Do

The relationship between a landlord and a tenant is a professional one. It is built on mutual respect and a clear set of rules. Understanding what a landlord cannot do in Ontario is fundamental for everyone involved. This knowledge protects tenants from unfair practices. It also helps landlords operate their business legally and avoid costly disputes. The Residential Tenancies Act (RTA) outlines these important boundaries for all residential rental agreements.

This Act governs nearly every aspect of the rental relationship. It details everything from how a landlord can choose a tenant to the proper procedure for ending a tenancy. Knowing these rules helps prevent misunderstandings before they start. Tenants can feel secure in their homes. Landlords can manage their properties with confidence. This framework creates a more stable and predictable housing market for all participants. It ensures fairness and sets clear expectations from the very beginning of a lease agreement.

Rules on Tenant Selection and Discrimination

A landlord must select tenants based on fair criteria. The Human Rights Code sets strict rules to prevent discrimination during the application process. A landlord cannot refuse to rent to you based on certain personal characteristics. This ensures that everyone has an equal opportunity to find a home. These protected grounds are extensive and cover many aspects of a person’s identity and life situation. A decision must be based on financial and rental history information, not personal biases.

Landlords cannot discriminate against potential tenants for the following reasons:

• Race or Colour

  A person’s racial background or skin colour cannot be a factor.

• Place of Origin or Ethnic Origin

  Your country of birth or ethnicity is not a valid reason for refusal.

• Creed or Religion

  Your religious beliefs cannot influence a landlord’s decision.

• Sex, Sexual Orientation, Gender Identity, or Gender Expression

  These personal aspects are protected from discrimination.

• Family Status or Marital Status

  A landlord cannot refuse you because you have children or are single.

• Age or Disability

  Your age or any physical or mental disability cannot be used against you.

• Receipt of Public Assistance

  A landlord cannot turn you down because your income comes from a social assistance program.

A landlord can ask for information like a credit check, references, and proof of income. However, they cannot use this information to discriminate. For instance, they can verify your income but cannot deny your application solely because you receive social assistance.

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Rent Increases and Fees

A landlord cannot increase your rent whenever they want or by any amount they choose. The government sets an annual rent increase guideline. This guideline dictates the maximum percentage a landlord can raise the rent for most sitting tenants. This rule provides tenants with predictability and protects them from sudden, large rent hikes. A landlord can only increase the rent once in a 12-month period. They must also provide at least 90 days of written notice before the increase takes effect. They must use the official N1 form for this notice.

There is a significant exception to this rule. Rental units in buildings first occupied for residential purposes after November 15, 2018, are exempt from the annual guideline. Landlords of these units can increase the rent by any amount. However, they still must provide 90 days’ notice and can only do so once per year. Beyond rent, landlords are also restricted in the fees they can charge. They cannot ask for a damage deposit. They are only permitted to collect a rent deposit, which cannot be more than one month’s rent. This deposit must be applied to your last month’s rent. Other illegal charges include non-refundable key deposits or fees for having guests or pets.

The Landlord’s Duty to Maintain the Property

A landlord has a legal responsibility to keep your rental unit and the entire property in a good state of repair. This obligation is continuous and does not end after you move in. It applies even if you knew about a maintenance issue before signing the lease. The property must meet all health, safety, and housing standards established by law. This means the landlord must address problems promptly, from a leaky faucet to a faulty heating system. The responsibility covers all parts of the building, including common areas like hallways and lobbies.

This duty to maintain extends to all vital services. A landlord must ensure you always have access to hot and cold water, electricity, fuel, and adequate heat, especially in the colder months. A landlord cannot cut off these services, even if you owe rent. That action is illegal. If you have a maintenance problem, you should inform your landlord in writing. If they fail to make the necessary repairs in a reasonable time, you have options. You can apply to the Landlord and Tenant Board for a resolution. You cannot, however, withhold rent and you must continue to pay your rent while you wait for the issue to be resolved through the proper channels.

Legal Requirements for Eviction

A landlord cannot force you out of your home without following a strict legal process. Actions like changing the locks, removing your belongings, or physically blocking your entry are illegal evictions. A landlord who performs an illegal eviction faces serious penalties. The only way to legally end a tenancy against a tenant’s will is with an order from the Landlord and Tenant Board (LTB). This process always begins with the landlord giving the tenant a formal written notice. The specific notice form depends on the reason for the eviction.

The notice must clearly state why the landlord wants you to move out and the date the tenancy should end. Common reasons include consistently failing to pay rent, causing significant damage to the property, or engaging in illegal activity in the unit. If the tenant does not fix the problem or move out by the termination date, the landlord’s next step is to file an application with the LTB. A hearing is then scheduled where both the landlord and tenant can present their cases. Only if the LTB issues an eviction order can the tenancy be terminated. Even with an order, only a Court Enforcement Officer, known as the Sheriff, has the authority to physically remove a tenant from the property.

Policies on Pets and Personal Property

Many tenants wonder about their right to have a pet. In your rental agreement, a “no pets” clause is considered void and unenforceable. A landlord cannot reject your application just because you have a pet. They also cannot evict you simply for getting a pet after you move in. Your right to have a pet is protected. However, this right comes with responsibilities. A landlord can apply to the LTB to evict you if your pet makes an unreasonable amount of noise, causes damage to the property, or poses a danger to other residents. If another tenant has a severe allergy, that could also be grounds for an LTB application.

It is important to note that condominium corporations can have their own rules that ban certain pets, and these rules are often enforceable. Separately, a landlord has no right to your personal belongings. A landlord cannot seize your property if you fall behind on rent or for any other breach of the lease. If you move out and leave items behind, the landlord must follow specific procedures. They cannot simply throw your things away. The landlord must make reasonable efforts to contact you and must store your belongings safely for a period, giving you a chance to retrieve them.

Fostering a Positive Landlord-Tenant Relationship

Understanding the rules of renting is the foundation of a respectful landlord-tenant dynamic. Landlords have a right to protect their investment, and tenants have a right to a safe and secure home. The laws in place aim to balance these interests fairly. When a landlord refrains from illegal actions like entering without notice, charging unauthorized fees, or attempting an illegal eviction, it builds trust. This trust encourages open communication and cooperation when issues inevitably arise. A well-managed property where rights are respected is beneficial for everyone.

For both landlords and tenants, knowledge is the best tool. Knowing what a landlord cannot do provides tenants with confidence and security. For landlords, understanding their legal obligations is key to running a successful and problem-free rental business. The Residential Tenancies Act is designed to create a fair housing environment. By adhering to its guidelines, landlords and tenants can avoid disputes and work together to maintain a positive and professional rental experience. A rental property is more than just a building; it is someone’s home and a significant investment.