- The Residential Tenancies Act governs most residential tenancies, and its protections cannot be contracted out of.
- A tenancy does not end because a fixed term expires; it continues month to month.
- Only the Landlord and Tenant Board can order eviction, and only the Sheriff can enforce it.
- Ending a tenancy for the landlord’s own use carries compensation obligations and consequences for bad faith.
The framework
Most residential tenancies in Ontario are governed by the Residential Tenancies Act, and disputes go to the Landlord and Tenant Board rather than to court.
The Act’s protections cannot be waived. A clause in a lease purporting to remove a tenant’s rights is generally void, whether or not the tenant signed it willingly.
Some accommodation is exempt, including certain situations where the tenant shares a kitchen or bathroom with the owner. Exemption status should be confirmed rather than assumed, because it changes everything that follows.
The end of a fixed term
This is the single most common misunderstanding, held by landlords and tenants in roughly equal measure.
When a one-year lease expires, the tenancy does not end. It automatically continues as a month-to-month tenancy on the same terms. The tenant does not have to move, and the landlord cannot require them to sign a new fixed term.
A tenant who wishes to leave must give proper written notice, and the required notice period depends on the tenancy type.
Ending a tenancy
A landlord cannot simply end a tenancy. Grounds are prescribed, and each has its own notice form, notice period and procedure.
Grounds fall broadly into tenant-related ones, non-payment of rent, persistent late payment, damage, illegal acts, interference with others, and no-fault ones, principally where the landlord, a close family member, or a purchaser intends to occupy the unit, or where the unit requires vacant possession for major work.
For own-use terminations, compensation is required and there are consequences for acting in bad faith, including substantial orders where a unit is not in fact occupied as claimed.
The critical point: serving a notice does not end the tenancy. If the tenant does not leave, the landlord must apply to the Board, and only the Board can order eviction.
What a landlord cannot do
Changing the locks, removing the tenant’s belongings, shutting off heat, water or electricity, or otherwise forcing a tenant out are illegal. These are offences, not merely improper.
Only the Sheriff can enforce an eviction order. A landlord who takes matters into their own hands exposes themselves to fines and to orders in the tenant’s favour.
Entry is also regulated: written notice is generally required, specifying the reason and a time within permitted hours, with limited exceptions for emergencies and for entry with consent.
Rent
Increases require prescribed notice and generally may occur only once in a twelve-month period. Many units are subject to a guideline limiting the increase, though units first occupied after a specified date are exempt from the guideline, which is a distinction with large practical consequences.
Deposits are restricted. A rent deposit may be collected and applied to the last rental period. Damage deposits and security deposits are generally not permitted.
Where a tenant is behind, the process is a notice followed by an application. A tenant can generally stop the process by paying the arrears within the prescribed time.
Maintenance
The landlord must maintain the unit in a good state of repair and fit for habitation, and comply with health, safety and maintenance standards. That obligation applies regardless of what the lease says and regardless of whether the tenant knew of the condition when they moved in.
A tenant is responsible for damage caused by their own wilful or negligent conduct, and for ordinary cleanliness.
Tenants with maintenance complaints can apply to the Board, and remedies include abatement of rent and orders requiring work.
Common questions
Can a landlord refuse to renew a lease?
There is nothing to refuse. The tenancy continues month to month automatically, and ending it requires a prescribed ground.
Can a landlord charge a damage deposit?
Generally not. A rent deposit applied to the last rental period is permitted; deposits for damage generally are not.
Can a tenant be evicted for having a pet?
No-pet clauses in leases are generally void, though eviction remains possible where a specific animal causes damage or interferes with others.
How long does an eviction take?
It depends on the ground and on Board scheduling, which has experienced significant delays. Landlords should not assume a quick process.
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