Residential Tenancies Act
Responsibilities of Landlords and Tenants
139. (1) There shall be a written tenancy agreement relating to the tenancy of
every tenant in a care home. 2006, c. 17, s. 139 (1).
Contents of agreement
(2) The agreement shall set out what has been agreed to with respect to
care services and meals and the charges for them. 2006, c. 17, s. 139 (2).
(3) If, on application by a tenant, the Board determines that
subsection (1) or (2) has not been complied with, the Board may make an order for an
abatement of rent. 2006, c. 17, s. 139 (3).
Information to tenant
140. (1) Before entering into a tenancy agreement with a new tenant in a care home,
the landlord shall give to the new tenant an information package containing the prescribed
information. 2006, c. 17, s. 140 (1).
Effect of non-compliance
(2) The landlord shall not give a notice of rent increase or a notice of increase
of a charge for providing a care service or meals until after giving the required
information package to the tenant. 2006, c. 17, s. 140 (2).
Tenancy agreement: consultation, cancellation
Tenancy agreement: right to consult
141. (1) Every tenancy agreement relating to the tenancy of a tenant in a care home
shall contain a statement that the tenant has the right to consult a third party with respect
to the agreement and to cancel the agreement within five days after the agreement has been
entered into. 2006, c. 17, s. 141 (1).
(2) The tenant may cancel the tenancy agreement by written notice to the landlord
within five days after entering into it. 2006, c. 17, s. 141 (2).
Entry to check condition of tenant
142. (1) Despite section 25, a landlord may enter a rental unit in a care home at
regular intervals to check the condition of a tenant in accordance with the tenancy agreement
if the agreement requires the landlord to do so. 2006, c. 17, s. 142 (1).
Right to revoke provision
(2) A tenant whose tenancy agreement contains a provision requiring the landlord
to regularly check the condition of the tenant may unilaterally revoke that provision by
written notice to the landlord. 2006, c. 17, s. 142 (2).
Assignment, subletting in care homes
143. A landlord may withhold consent to an assignment or subletting of a rental unit
in a care home if the effect of the assignment or subletting would be to admit a person to the
care home contrary to the admission requirements or guidelines set by the landlord. 2006, c. 17, s. 143.
Notice of termination
144. (1) A landlord may, by notice, terminate the tenancy of a tenant in a care home
(a) the rental unit was occupied solely for the purpose of receiving
rehabilitative or therapeutic services agreed upon by the tenant and the landlord;
(b) no other tenant of the care home occupying a rental unit solely for
the purpose of receiving rehabilitative or therapeutic services is permitted to
live there for longer than the prescribed period; and
(c) the period of tenancy agreed to has expired.
2006, c. 17, s. 144 (1).
Period of notice
(2) The date for termination specified in the notice shall be at least the number of
days after the date the notice is given that is set out in section 44 and shall be the day a
period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 2006, c. 17, s. 144 (2).
Termination, care homes
145. (1) Despite section 44, a tenant of a care home may terminate a tenancy at
any time by giving at least 30 days notice of termination to the landlord. 2006, c. 17, s. 145 (1).
Care services and meals
(2) A tenant who terminates a tenancy under subsection (1) may require the landlord
to stop the provision of care services and meals before the date the tenancy terminates by
giving at least 10 days notice to the landlord. 2006, c. 17, s. 145 (2).
(3) The tenant has no obligation to pay for care services and meals that would
otherwise have been provided under the tenancy agreement after the date the landlord is
required to stop the provision of care services and meals under subsection (2). 2006, c. 17, s. 145 (3).
(4) The estate of a tenant has no obligation to pay for care services and meals
that would otherwise have been provided under the tenancy agreement more than 10 days after
the death of the tenant. 2006, c. 17, s. 145 (4).
Notice of termination, demolition, conversion or repairs
146. (1) A landlord who gives a tenant of a care home a notice of termination
under section 50 shall make reasonable efforts to find appropriate alternate accommodation
for the tenant. 2006, c. 17, s. 146 (1).
(2) Sections 52 and 64 do not apply with respect to a tenant of a care home who
receives a notice of termination under section 50 and chooses to take alternate accommodation
found by the landlord for the tenant under subsection (1). 2006, c. 17, s. 146 (2).
External care providers
147. A landlord shall not,
(a) do anything to prevent a tenant of a care home from obtaining
care services from a person of the tenant's choice that are in addition to
care services provided under the tenancy agreement; or
(b) interfere with the provision of care services to a tenant of a
care home, by a person of the tenant's choice, that are in addition to
care services provided under the tenancy agreement.
2006, c. 17, s. 147.
148. (1) A landlord may apply to the Board for an order
transferring a tenant out of a care home and evicting the tenant if,
(a) the tenant no longer requires the level of care provided by the landlord; or
(b) the tenant requires a level of care that the landlord is not able to provide.
2006, c. 17, s. 148 (1).
(2) The Board may issue an order under clause (1) (b) only if it is satisfied that,
(a) appropriate alternate accommodation is available for the tenant; and
(b) the level of care that the landlord is able to provide when combined
with the community based services provided to the tenant in the care home cannot
meet the tenant's care needs.
2006, c. 17, s. 148 (2).
(3) If a dispute arises, the dispute shall be sent to mediation before the Board
makes an order. 2006, c. 17, s. 148 (3).
(4) If the landlord fails to participate in the mediation, the Board may dismiss
the landlordís application. 2006, c. 17, s.148 (4).
Rules Related to Rent and Other Charges
Rent in care home149. If there is more than one tenancy agreement for a rental unit in a care home,
the provisions of Part VII apply, subject to subsection 6 (2), with respect to each
tenancy agreement as if it were an agreement for a separate rental unit. 2006, c. 17, s. 149.
Notice of increased charges
150. (1) A landlord shall not increase a charge for providing a care service or
meals to a tenant of a rental unit in a care home without first giving the tenant at least
90 days notice of the landlordís intention to do so. 2006, c. 17, s. 150 (1).
Contents of notice
(2) The notice shall be in writing in the form approved by the Board and shall
set out the landlordís intention to increase the charge and the new charges for care
services and meals. 2006, c. 17, s. 150 (2).
Effect of non-compliance
(3) An increase in a charge for a care service or meals is void if the landlord has
not given the notice required by this section, and the landlord must give a new notice before
the landlord can take the increase. 2006, c. 17, s. 150 (3).
Certain charges permitted
151. (1) Nothing in subsection 134 (1) limits the right of a landlord to charge a
tenant of a rental unit in a care home for providing care services or meals to the tenant
so long as the landlord has complied with the requirements of sections 140 and 150. 2006, c. 17, s. 151 (1).
(2) Nothing in subsection 134 (3) limits the right of a tenant or a person acting
on behalf of a tenant to charge a subtenant of a rental unit in a care home for providing
care services or meals to the subtenant. 2006, c. 17, s. 151 (2).
Back to the Ontario Residential Tenancies Act index page