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Ontario Tenant Protection Act
TABLE OF CONTENTS |
| PART I - INTRODUCTION |
| 1. Interpretation |
2. Application of Act |
| 3. Exemptions from Act |
4. Exemptions from rules relating to rent |
| 5. Exemptions related to social, etc., housing |
6. Rent geared to income |
| 7. Application to determine issues |
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| PART II - RIGHTS AND DUTIES OF LANDLORDS AND TENANTS |
| Tenancy Agreements |
| 8. Tenancy agreement |
9. Commencement of tenancy |
| 10. Frustrated contracts |
11. Covenants interdependent |
| 12. Covenants running with land |
13. Minimize losses |
| 14. Acceleration clause void |
15. "No pet" provisions void |
| 16. Provisions conflicting with Act void |
| Assignment and Subletting |
| 17. Assignment of tenancy |
18. Subletting rental unit |
| Entry into Rental Unit or Residential Complex |
| 19. Privacy |
20. Entry without notice |
| 21. Entry with notice |
22. Entry by canvassers |
| 23. Changing locks |
| Additional Responsibilities of Landlord |
| 24. Landlord's responsibility to repair |
25. Landlord's responsibility re services |
| 26. Landlord not to interfere with reasonable enjoyment |
27. Landlord not to harass, etc. |
| Additional Responsibilities of Tenant |
| 28. Tenant not to harass, etc. |
29. Cleanliness |
| 30. Tenant's responsibility for damage |
| Enforcement of Rights under this Part |
| 31. Distress abolished |
32. Tenant applications |
| 33. Order re assignment, sublet |
34. Order, repair, comply with standards |
| 35. Other orders re s. 32 |
36. Locking systems, landlord application re alteration |
| 37. Locking systems, order |
| Human Rights Code |
| 38. Selecting prospective tenants |
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| PART III - SECURITY OF TENURE AND TERMINATION OF TENANCIES |
| Security of Tenure |
| 39. Tenancy terminated |
40. Deemed renewal where no notice |
| 41. Restriction on recovery of possession |
42. Disposal of abandoned property, unit vacated |
| Notice of Termination - General Provisions |
| 43. Notice of termination |
44. Where notice void |
| 45. Compensation, unit not vacated |
| Notice of Termination - End of Period or Term of Tenancy |
| 46. Tenant's notice to terminate tenancy, end of period or term |
47. Period of notice |
| Notice by Tenant for Termination Assignment of Tenancy Refused |
| 48. Notice by tenant |
| Death of Tenant |
| 49. Death of tenant |
50. Landlord may dispose of property |
| Notice by Landlord for Termination at End of Period or Term |
| 51. Notice, landlord personally, etc., requires unit |
52. Where purchaser personally requires unit |
| 53. Notice, demolition, conversion or repairs |
54. Conversion to condominium, security of tenure |
| 55. Compensation, demolition or conversion |
56. Tenant's right of first refusal, repair or renovation |
| 57. Tenant's right to compensation, repair or renovation |
58. Tenant's right to compensation, severance |
| 59. Security of tenure, severance, subdivision |
60. Notice end of term, additional grounds |
| Notice by Landlord for Termination before End of Period or Term |
| 61. Non-payment of rent |
62. Termination for cause, illegal acts, misrepresentation |
| 63. Termination for cause, damage |
64. Termination for cause, reasonable enjoyment |
| 65. Termination for cause, act impairs safety |
66. Termination for cause, too many persons |
| 67. Notice of termination, further contravention |
| Superintendent's Premises |
| 68. Superintendent's premises |
| Application to Tribunal by Landlord - Landlord has given Notice of Termination |
| 69. Application by landlord |
70. Landlord personally requires premises |
| 71. Demolition, conversion, repairs |
72. Non-payment of rent |
| 73. Illegal act or misrepresentation of income |
74. Correction; animals |
| 75. Immediate application |
| Application to Tribunal by Landlord - Landlord has not given Notice of Termination |
| 76. Agreement to terminate, tenant's notice |
77. Application based on previous order, mediated settlement |
| 78. Abandonment of rental unit |
79. Landlord may dispose of property, abandoned unit |
| 80. Superintendent's premises |
81. Unauthorized occupancy |
| Landlord or Tenant Application Overholding Subtenant |
| 82. Overholding subtenant |
| Eviction Orders |
| 83. Effective date of order |
83.1 Expiry date of order |
| 84. Power of Tribunal, eviction |
85. Effect of eviction order |
| Other Landlord Applications |
| 86. Compensation |
87. Compensation for damage |
| 88. Compensation, misrepresentation of income |
| Other Tenant Notices and Applications |
| 89. Compensation, overholding subtenant |
90. Tenant's notice, application re subtenant |
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| PART IV - CARE HOMES |
| Rights and Duties of Landlords and Tenants |
| 91. Agreement required |
92. Information to tenant |
| 93. Tenancy agreement: consultation, cancellation |
94. Entry check condition of tenant |
| 95. Assignment, subletting in care homes |
96. Notice of termination |
| 97. Termination, care homes |
98. Notice of termination, demolition, conversion or repairs |
| Transferring Tenancy |
| 99. Transferring tenancy |
| Rules Related to Rent |
| 100. Rent in care home |
101. Notice of increased charges |
| 102. Certain charges permitted |
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| PART V - MOBILE HOME PARKS AND LAND LEASE COMMUNITIES |
| Interpretation |
| 103. Part applies to land lease communities |
104. Interpretation |
| Rights and Duties of Landlords and Tenants |
| 105. Tenant's right to sell, etc. |
106. Landlord's right of first refusal |
| 107. Advertising a sale |
108. Assignment |
| 109. Restraint of trade prohibited |
110. Responsibility of landlord |
| Termination of Tenancies |
| 111. Mobile home abandoned |
112. Death of mobile home owner |
| 113. Extended notice of termination, special cases |
| Rules Related to Rent and Other Charges |
| 114. New tenant |
115. Entrance and exit fees limited |
| Proceedings before the Tribunal |
| 116. Increased capital expenditures |
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| PART VI - RULES RELATING TO RENT |
| General Rules |
| 117. Security deposits, limitation |
118. Rent deposit may be required |
| 118.1 Rent deposit, prospective tenant |
119. Post-dated cheques |
| 120. Receipt for payment |
| General Rules Concerning Amount of Rent Charged |
| 121. Landlord not to charge more than lawful rent |
122. Landlord's duty, rent increases |
| Lawful Rent |
| 123. Lawful rent when this Act comes into force |
124. New tenant |
| 125. Miscellaneous new tenancy agreements |
126. 12-month rule |
| 127. Notice of rent increase required |
128. Deemed acceptance where no notice of termination |
| Guideline |
| 129. Guideline increase |
| Agreements to Increase, Decrease Rent |
| 130. Agreement |
131. Tenant application |
| 132. Additional services, etc. |
133. Coerced agreement void |
| 134. Decrease in services, etc. |
| Additional Grounds for Rent Increase |
| 135. Increase to maximum rent |
| Reduction of Rent - Municipal Taxes Reduced |
| 136. Municipal taxes reduced |
137. Application for variation |
| Landlord Application for Rent Increase |
| 138. Increased operating costs, capital expenditures |
139. Two ordered increases |
| Illegal Additional Charges |
| 140. Additional charges prohibited |
141. Rent deemed lawful |
| Applications to Tribunal by Tenant |
| 142. Reduction in rent, reduction in services |
143. Reduction in rent, reduction in taxes |
| 144. Money collected illegally |
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| PART VII - VITAL SERVICES AND MAINTENANCE STANDARDS |
| Vital Services |
| 145. Definitions |
146. By-laws respecting vital services |
| 147. Notice by supplier |
148. Inspection |
| 149. Services by municipality |
150. Appeal |
| 151. Payments transferred |
152. Use of money |
| 153. Immunity |
| Maintenance Standards |
| 154. Prescribed standards and complaints |
155. Inspector's work order |
| 156. Review of work order |
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| PART VIII - ONTARIO RENTAL HOUSING TRIBUNAL |
| 157. Tribunal established |
158. Composition |
| 159. Chair and vice-chair |
160. Quorum |
| 161. Conflict of interest |
162. Power to determine law and fact |
| 163. Members, mediators not compellable |
164. Rules and Guidelines Committee |
| 165. Information on rights and obligations |
166. Employees |
| 167. Professional assistance |
168. Reports |
| 169. Tribunal may set, charge fees |
170. Fee refunded, review |
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| PART IX - PROCEDURE |
| 171. Expeditious procedures |
172. Form of application |
| 173. Combining applications |
174. Parties |
| 175. Service |
176. Tribunal may extend, shorten time |
| 177. File dispute |
178. How notice or document given |
| 179. How notice or document given to Tribunal |
180. Time |
| 181. Tribunal may mediate |
182. Money paid to Tribunal |
| 182.1 Tribunal may refuse to proceed if money owing |
183. Where Tribunal may dismiss |
| 184. SPPA applies |
185. Joinder and severance of applications |
| 185.1 Application severed |
186. Amendment and withdrawal of applications |
| 187. Other powers of Tribunal |
188. Findings of Tribunal |
| 189. Correction of deemed rent |
190. Conditions in order |
| 191. Order payment |
192. Default orders |
| 193. Monetary jurisdiction; deduction of rent; interest |
194. Notice of decision |
| 195. Order final, binding |
196. Appeal rights |
| 197. Tribunal may appeal Court decision |
198. Substantial compliance sufficient |
| 198.1 Electronic documents |
199. Contingency fees, limitation |
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| PART X - GENERAL |
| Administration and Enforcement |
| 200. Duties of Minister |
201. Delegation |
| 202. Investigators and inspectors |
203. Inspection and investigation |
| 204. Warrant |
205. Protection from personal liability |
| Offences |
| 206. Offences |
207. Evidence |
| Regulations |
| 208. Regulations |
