Law Talk: Introduction to the Residential Tenancies Act

Renting and leasing property raises a lot of questions. Can your landlord enter your unit without permission? Can your tenant just walk away from his lease? Do you need a written agreement? And what are the proper steps to take if the landlord or tenant wants to end the lease?

Where To Find The Rules
The first place to look is Ontario's Residential Tenancies Act (RTA) which sets out the rules for landlords and tenants. It only affects residential tenancies and not commercial ones. Landlords and tenants of houses, apartments and condominiums are covered by the RTA. If you are a tenant or a landlord of a space being used for a business, you should look at the Commercial Tenancies Act.

The RTA doesn't cover all kinds of tenants. It does not apply to people who share a bathroom or a kitchen with the building's owner or a member of the owner's immediate family. The general provisions are available for most types of residential tenancies, but there are also special provisions for people who live in social housing, care homes and mobile home parks.

If the RTA doesn't provide the rights that you need, it's possible that the answers are in another law. For example, if you live in cooperative housing, the RTA doesn't cover you, but the Co-Operative Corporations Act does.

What Types Of Rules Exist?
Looking over the RTA won't necessarily answer all of your questions, but it will probably help you start. It contains:

- Rules about how the lease works and whether it has to be in writing. Usually a verbal lease can be binding, but the landlord must provide certain information in writing.

- Rules about when a landlord can enter a unit. Usually, this is acceptable only in an emergency, after proper notice has been given, or when the tenant clearly says this is okay.

- Rules about how evictions work. The landlord must give a Notice of Termination as well as apply to the Landlord and Tenant Board.

- Rules about rent increases and decreases. Usually, the rent may only increase once per year, and the provincial government sets the rate. If the landlord makes major repairs, an application can be made to increase the rent. Rent may decrease after an order has expired, or if the property taxes decrease significantly.

- Rules about notice for the tenant ending the lease. For most monthly tenants, at least 60 days' written notice is required.

- Rules about paying for repairs. Usually routine repairs are the responsibility of the landlord, but the tenant must pay for any damage caused by intentional or careless acts.

- Rules about deposits. A landlord may ask for a deposit equal to one rental period, and a key or card access deposit. Most other charges are illegal, and those deposits cannot be used to cover damages.

- Rules about changing the locks. The landlord is able to change the locks but must supply new keys to the tenant. The tenant must ask permission before changing the locks.

These and many more issues are covered in the Residential Tenancies Act.

For more information on tenant rights and rental housing laws, and to find application forms to enforce your rights, visit the Landlord and Tenant Board website ltb.gov.on.ca or call them at 1-888-332-3234.

This column is brought to you by Community Law School (Sarnia-Lambton) Inc., and Community Legal Services and Pro Bono Students Canada at Western University, with financial assistance from the Law Foundation of Ontario. It provides legal information only. The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need specific legal advice please contact a lawyer, your community legal clinic, Justice Net at 1-866-919-3219 or the Law Society Referral Service at 1-800-268-8326.