The Residential Tenancies Act (RTA) provides robust protections for tenants in Ontario. Understanding your rights is the first line of defence against illegal rent increases, privacy violations, and unlawful evictions.
The short answer
Tenants have the right to a safe, well-maintained home, privacy, and protection from arbitrary eviction. Landlords cannot enter your unit without proper notice, cannot shut off essential services, and can only raise rent according to provincial guidelines (for rent-controlled units).
Rent Increases
For most units occupied before November 15, 2018, rent increases are capped by the annual provincial guideline. Landlords must give 90 days' written notice on an approved form (N1) before raising the rent. Units first occupied after that date are exempt from rent control.
Privacy and Entry
A landlord can only enter your unit under specific circumstances. Generally, they must provide 24 hours' written notice stating the reason for entry and the time (between 8:00 a.m. and 8:00 p.m.). Emergencies are an exception. Unlawful entry can be a serious breach of privacy, which in severe cases might even escalate to criminal defence issues if harassment or trespassing occurs.
Maintenance and Repairs
Landlords are legally responsible for keeping the rental property in a good state of repair and fit for habitation. If a landlord ignores repair requests, tenants can apply to the LTB rather than withholding rent (which can lead to eviction). Severe damages due to negligence might also involve civil litigation.
When to talk to a lawyer
If your rights are being violated, or you are facing an LTB hearing, professional representation levels the playing field. Kuner Law advocates for tenants in Mississauga and across Ontario. Book a consultation to discuss your tenancy disputes.
Frequently asked questions
Q: Can I stop paying rent if the landlord won't fix things?
A: No. Withholding rent gives the landlord grounds to evict you. You should continue paying rent and file a T6 application with the LTB regarding the maintenance issues.
Q: Can a landlord ban pets in Ontario?
A: No. Under the RTA, a 'no pets' clause in a lease is void. However, a landlord can apply to evict if the pet causes damage, severe allergic reactions, or excessive noise.
About the Author
Jora Kuner
Jora Kuner is the founder of Kuner Law and a lawyer called to the bar of the Law Society of Ontario. He holds a Juris Doctor from Bond University, an NCA Certificate, a BA (Hons.) from York University, and a Certificate in Dispute Resolution. He practises civil litigation, criminal defence, and tenancies in Mississauga and across Ontario.
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