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Tenant Protection Act index page for this old law


This law was repealed on January 31, 2007 and is no longer in use

Ontario Tenant Protection Act
PART II

RIGHTS AND DUTIES OF LANDLORDS AND TENANTS




Tenancy Agreements

Name and address in written agreement

8. (1) Every written tenancy agreement entered into on or after the day this section comes into force shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act.


Copy of tenancy agreement

(2) If a tenancy agreement entered into on or after the day this section comes into force is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord.


Notice if agreement not in writing

(3) If a tenancy agreement entered into on or after the day this section comes into force is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act.


Failure to comply

(4) Until a landlord has complied with subsections (1) and (2) or subsection (3), as the case may be,

    (a) the tenant's obligation to pay rent is suspended; and

    (b) the landlord shall not require the tenant to pay rent.


After compliance

(5) After the landlord has complied with subsections (1) and (2), or subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4). 1997, c. 24, s. 8.


Commencement of tenancy

9. (1) The term or period of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement.


Actual entry not required

(2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit, whether or not the tenant actually occupies it. 1997, c. 24, s. 9.


Frustrated contracts

10. The doctrine of frustration of contract and the Frustrated Contracts Act apply with respect to tenancy agreements. 1997, c. 24, s. 10.


Covenants interdependent

11. Subject to this Part, the common law rules respecting the effect of a serious, substantial or fundamental breach of a material covenant by one party to a contract on the obligation to perform of the other party apply with respect to tenancy agreements. 2000, c. 26, Sched. K, s. 6 (4).


Covenants running with land

12. Covenants concerning things related to a rental unit or the residential complex in which it is located run with the land, whether or not the things are in existence at the time the covenants are made. 1997, c. 24, s. 12.


Minimize losses

13. When a landlord or a tenant becomes liable to pay any amount as a result of a breach of a tenancy agreement, the person entitled to claim the amount has a duty to take reasonable steps to minimize the person's losses. 1997, c. 24, s. 13.


Acceleration clause void

14. A provision in a tenancy agreement providing that all or part of the remaining rent for a term or period of a tenancy or a specific sum becomes due upon a default of the tenant in paying rent due or in carrying out an obligation is void. 1997, c. 24, s. 14.


"No pet" provisions void

15. A provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void. 1997, c. 24, s. 15.

Provisions conflicting with Act void

16. Subject to section 181, a provision in a tenancy agreement that is inconsistent with this Act or the regulations is void. 1997, c. 24, s. 16.


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Assignment and Subletting

Assignment of tenancy

17. (1) Subject to subsections (2), (3) and (6), and with the consent of the landlord, a tenant may assign a rental unit to another person.


Landlord's options, general request

(2) If a tenant asks a landlord to consent to an assignment of a rental unit, the landlord may,

    (a) consent to the assignment of the rental unit; or

    (b) refuse consent to the assignment of the rental unit.


Landlord's options, specific request

(3) If a tenant asks a landlord to consent to the assignment of the rental unit to a potential assignee, the landlord may,

    (a) consent to the assignment of the rental unit to the potential assignee;

    (b) refuse consent to the assignment of the rental unit to the potential assignee; or

    (c) refuse consent to the assignment of the rental unit.


Refusal or non-response

(4) A tenant may give the landlord a notice of termination under section 48 within 30 days after the date a request is made if,

    (a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent;

    (b) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made;

    (c) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment under clause (3) (c); or

    (d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made.


Same

(5) A landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee under clause (3) (b).


Same

(6) Subject to subsection (5), a landlord who has given consent to an assignment of a rental unit under clause (2) (a) may subsequently refuse consent to an assignment of the rental unit to a potential assignee under clause (3) (b).


Charges

(7) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to an assignment to a potential assignee.


Consequences of assignment

(8) If a tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and,

    (a) the assignee is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period after the assignment, whether or not the breach or obligation also related to a period before the assignment;

    (b) the former tenant is liable to the landlord for any breach of the tenant's obligations and may enforce against the landlord any of the landlord's obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period before the assignment;

    (c) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding.


Application of section

(9) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent's premises. 1997, c. 24, s. 17.


Subletting rental unit

18. (1) A tenant may sublet a rental unit to another person with the consent of the landlord. 2000, c. 26, Sched. K, s. 6 (5).


Same

(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant. 1997, c. 24, s. 18 (2).


Charges

(3) A landlord may charge a tenant only for the landlord's reasonable out of pocket expenses incurred in giving consent to a subletting. 1997, c. 24, s. 18 (3).


Consequences of subletting

(4) If a tenant has sublet a rental unit to another person,

    (a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenant's obligations under the tenancy agreement or this Act during the subtenancy; and

    (b) the subtenant is entitled to the benefits, and is liable to the tenant for the breaches, of the subtenant's obligations under the subletting agreement or this Act during the subtenancy. 1997, c. 24, s. 18 (4).


Overholding subtenant

(5) A subtenant has no right to occupy the rental unit after the end of the subtenancy. 1997, c. 24, s. 18 (5).


Application of section

(6) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent's premises. 1997, c. 24, s. 18 (6).


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Entry into Rental Unit or Residential Complex

Privacy

19. A landlord may enter a rental unit only in accordance with section 20 or 21. 1997, c. 24, s. 19.


Entry without notice, emergency, consent

20. (1) A landlord may enter a rental unit at any time without written notice,

    (a) in cases of emergency; or

    (b) if the tenant consents to the entry at the time of entry.


Same, housekeeping

(2) A landlord may enter a rental unit without written notice to clean it if the tenancy agreement requires the landlord to clean the rental unit at regular intervals and,

    (a) the landlord enters the unit at the times specified in the tenancy agreement; or

    (b) if no times are specified, the landlord enters the unit between the hours of 8 a.m. and 8 p.m.


Entry to show rental unit

(3) A landlord may enter the rental unit without written notice to show the unit to prospective tenants if,

    (a) the landlord and tenant have agreed that the tenancy will be terminated or one of them has given notice of termination to the other;

    (b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and

    (c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 1997, c. 24, s. 20.


Entry with notice

21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

    1. To carry out a repair or do work in the rental unit.

    2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

    3. To allow a potential purchaser to view the rental unit.

    3.1 To allow a person who holds a certificate of authorization within the meaning of the Professional Engineers Act or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998.

    4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186.


Same

(2) The written notice under subsection (1) shall specify the reason for entry, the day of entry and a time of entry between the hours of 8 a.m. and 8 p.m. 1997, c. 24, s. 21 (2).


Entry by canvassers

22. No landlord shall restrict reasonable access to a residential complex by candidates for election to any office at the federal, provincial or municipal level, or their authorized representatives, if they are seeking access for the purpose of canvassing or distributing election material. 1997, c. 24, s. 22.


Changing locks

23. (1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys.


Same

(2) A tenant shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord. 1997, c. 24, s. 23.


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Additional Responsibilities of Landlord


Landlord's responsibility to repair

24. (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.


Same

(2) Subsection (1) applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement. 1997, c. 24, s. 24.


Landlord's responsibility re services

25. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an order evicting the tenant is executed, withhold reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or deliberately interfere with the reasonable supply of any vital service, care service or food. 1997, c. 24, s. 25.


Landlord not to interfere with reasonable enjoyment

26. A landlord shall not at any time during a tenant's occupancy of a rental unit and before the day on which an order evicting the tenant is executed substantially interfere with the reasonable enjoyment of the rental unit or the residential complex in which it is located for all usual purposes by a tenant or members of his or her household. 1997, c. 24, s. 26.


Landlord not to harass, etc.

27. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant. 1997, c. 24, s. 27.


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Additional Responsibilities of Tenant


Tenant not to harass, etc.

28. A tenant shall not harass, obstruct, coerce, threaten or interfere with a landlord. 1997, c. 24, s. 28.


Cleanliness

29. The tenant is responsible for ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it. 1997, c. 24, s. 29.


Tenant's responsibility for damage

30. The tenant is responsible for the repair of damage to the rental unit or residential complex caused by the wilful or negligent conduct of the tenant, other occupants of the rental unit or persons who are permitted in the residential complex by the tenant. 1997, c. 24, s. 30.


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Enforcement of Rights under this Part


Distress abolished

31. No landlord shall, without legal process, seize a tenant's property for default in the payment of rent or for the breach of any other obligation of the tenant. 1997, c. 24, s. 31.


Tenant applications

32. (1) A tenant or former tenant of a rental unit may apply to the Tribunal for any of the following orders:

    1. An order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant.

    2. An order determining that the landlord breached the obligations under subsection 24 (1).

    3. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit.

    4. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys.

    5. An order determining that the landlord, superintendent or agent of the landlord has withheld the reasonable supply of any vital service, care service or food that it is the landlord's obligation to supply under the tenancy agreement or deliberately interfered with the reasonable supply of any vital service, care service or food.

    6. An order determining that the landlord, superintendent or agent of the landlord has substantially interfered with the reasonable enjoyment of the rental unit or residential complex for all usual purposes by the tenant or a member of his or her household.

    7. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant's occupancy of the rental unit.

    8. Where a notice under section 51 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and neither the landlord, the landlord's spouse or same-sex partner nor a child or parent of one of them has occupied the rental unit within a reasonable time after that termination.

    9. Where a notice under section 52 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and neither the purchaser, the purchaser's spouse or same-sex partner nor a child or parent of one of them has occupied the rental unit within a reasonable time after that termination.

    10. Where a notice under section 53 has been given in bad faith and the tenant vacates the rental unit as a result of the notice, an order determining that the notice has been given in bad faith and the landlord has not demolished, converted or repaired or renovated the rental unit within a reasonable time after that termination. 1997, c. 24, s. 32 (1); 1999, c. 6, s. 62 (3).


Time limitation

(2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred. 1997, c. 24, s. 32 (2).


Order re assignment, sublet

33. (1) If the Tribunal determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under paragraph 1 of subsection 32 (1), the Tribunal may do one or more of the following:

    1. Order that the assignment or sublet is authorized.

    2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant.

    3. Order that the tenancy be terminated.

    4. Order an abatement of the tenant's or former tenant's rent.


Same

(2) The Tribunal may establish terms and conditions of the assignment or sublet.


Same

(3) If an order is made under paragraph 1 or 2 of subsection (1), the assignment or sublet shall have the same legal effect as if the landlord had consented to it. 1997, c. 24, s. 33.


Order, repair, comply with standards

34. (1) If the Tribunal determines in an application under paragraph 2 of subsection 32 (1) that a landlord has breached the obligations under subsection 24 (1), the Tribunal may do one or more of the following:

    1. Terminate the tenancy.

    2. Order an abatement of the rent.

    3. Authorize a repair that has been or is to be made and order its cost to be paid by the landlord to the tenant.

    4. Order the landlord to do specified repairs or other work within a specified time.

    4.1 Order the landlord to pay a specified sum to the tenant as compensation for,

      i. the costs that the tenant has incurred or will incur in repairing or replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord's breach or breaches of the obligation under subsection 24 (1), and

      ii. other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord's breach or breaches of the obligation under subsection 24 (1).

    5. Make any other order that it considers appropriate. 1997, c. 24, s. 34 (1); 2000, c. 26, Sched. K, s. 6 (6).


Same

(2) In determining the remedy under this section, the Tribunal shall consider whether the tenant or former tenant advised the landlord of the alleged breaches before applying to the Tribunal. 1997, c. 24, s. 34 (2).


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Other orders re section 32


Order, subs. 32 (1), pars. 3 to 10

35. (1) If the Tribunal determines that a landlord, a superintendent or an agent of a landlord has done one or more of the activities set out in paragraphs 3 to 10 of subsection 32 (1), the Tribunal may,

    (a) order that the landlord, superintendent or agent may not engage in any further activities listed in those paragraphs against any of the tenants in the residential complex;

    (a.1) order that the landlord, superintendent or agent pay a specified sum to the tenant as compensation for,

      (i) the costs that the tenant has incurred or will incur in repairing or replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlord, superintendent or agent having engaged in one or more of the activities listed in those paragraphs, and

      (ii) other reasonable out-of-pocket expenses that the tenant has incurred or will incur as a result of the landlord, superintendent or agent having engaged in one or more of the activities listed in those paragraphs;

    (b) order an abatement of rent;

    (c) order that the landlord pay to the Tribunal an administrative fine not exceeding the greater of $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located;

    (d) order that the tenancy be terminated;

    (e) make any other order that it considers appropriate. 1997, c. 24, s. 35 (1); 2000, c. 26, Sched. K, s. 6 (7).


Same

(2) If in an application under any of paragraphs 3 to 10 of subsection 32 (1) it is determined that the tenant was induced by the conduct of the landlord, the superintendent or an agent of the landlord to vacate the rental unit, the Tribunal may, in addition to the remedies set out in subsection (1), order that the landlord pay a specified sum to the tenant as compensation for,

    (a) all or any portion of any increased rent which the tenant has incurred or will incur for a one year period after the tenant has left the rental unit; and

    (b) reasonable out of pocket moving, storage and other like expenses which the tenant has incurred or will incur. 1997, c. 24, s. 35 (2).


Order, subs. 32 (1), par. 4

(3) If the Tribunal determines, in an application under paragraph 4 of subsection 32 (1), that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex, or caused the locking system to be altered, during the tenant's occupancy of the rental unit without giving the tenant replacement keys, and if the Tribunal is satisfied that the rental unit is vacant, the Tribunal may, in addition to the remedies set out in subsections (1) and (2), order that the landlord allow the tenant to recover possession of the rental unit and that the landlord refrain from renting the unit to anyone else. 2000, c. 26, Sched. K, s. 6 (8).


Effect of order allowing tenant possession

(4) An order under subsection (3) shall have the same effect, and shall be enforced in the same manner, as a writ of possession. 2000, c. 26, Sched. K, s. 6 (8).

Expiry of order allowing tenant possession

(5) An order under subsection (3) expires,

    (a) at the end of the 15th day after the day it is issued if it is not filed within those 15 days with the sheriff who has territorial jurisdiction where the rental unit is located; or

    (b) at the end of the 45th day after the day it is issued if it is filed in the manner described in clause (a). 2000, c. 26, Sched. K, s. 6 (8).


Locking systems, landlord application re alteration

36. If a tenant alters a locking system, contrary to subsection 23 (2), the landlord may apply to the Tribunal for an order determining that the tenant has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant's occupancy of the rental unit without the consent of the landlord. 1997, c. 24, s. 36.


Locking systems, order

37. If the Tribunal in an application under section 36 determines that a tenant has altered the locking system or caused it to be altered, the Tribunal may order that the tenant provide the landlord with keys or pay the landlord the reasonable out of pocket expenses necessary to change the locking system. 1997, c. 24, s. 37.


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Human Rights Code


Selecting prospective tenants

38. In selecting prospective tenants, landlords may use, in the manner prescribed in the regulations made under the Human Rights Code, income information, credit checks, credit references, rental history, guarantees, or other similar business practices as prescribed in the regulations made under the Human Rights Code. 1997, c. 24, s. 38.


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