Know your tenant rights!

bistcawebsite
Jul 31, 2014
3 min read

Got landlord problems? It’s important to know your rights and responsibilities as a tenant.

First, your rights as a tenant depend on what kind of tenant you are consideredto be under Ontario law. TheResidential Tenancies Act (RTA) covers tenants who rent in places such as rooms, mobile home parks, apartments and retirement residences.

People who are not covered by the RTA include:

People who live in a space that’s shared with the property owner (for example, you share a kitchen with the owner of the property)
People who live in a space that’s designated for businesses
People who live in accommodation that’s considered ‘temporary’
If you live in another tenant’s home

If you are not covered by the RTA, Community Legal Education Ontario (CLEO) has information on your rights here and also lists places where you can get legal advice here.

Highlights of your rights as a tenant under the RTA:

Landlords have the right to file a notice a “Notice to terminate for nonpayment of rent” if your rent is late by one day. After receiving this notice, you have 14-days to pay up. (If you are a daily or weekly renter, you only have seven days to pay). If you haven’t paid your rent within that time, the landlord can file an application with the Landlord and Tenant Board to get their payment. In Ontario, most evictions are because of rent arrears.

If your landlord is trying to evict you, they need to follow the steps outlined by the Landlord and Tenant Board. During this time, you should receive three notices with information as to when your landlord wants you to leave your home and why, confirmation that your landlord has applied to the Board in order to evict you, and a notice of when your hearing will take place.

As a tenant, you are not allowed to stop paying rent because your landlord hasn’t done repairs.

The landlord is responsible for repairing your unit, you are responsible for the daily cleaning of your unit.

If there is a ‘no pet’ clause in your rental agreement, and you have a pet, you can not be evicted on the basis of having that pet. But if your pet damages the property, this may be a reason to evict you.

Your landlord can enter your unit as long as they give you 24-hours notice. However, there may be specific circumstances where your landlord can enter your unit, which are covered under your rental agreement. A landlord can also enter your unit without notice in an emergency situation.

Where to get help

If you are having a legal issue with your landlord, the best thing to do is to contact your local community legal clinic. You can also call the Tenant Hotline at 416-921-9494.

If you feel your human rights have been violated or you’ve been discriminated against in a housing situation, you can call the Centre for Equality Rights in Accomodation (CERA) at 1-800-263-1139 ext. 1.

For more information:

The Federation of Metro Tenant Associations has a ‘Tenant Survival Manual’ here
CLEO has information about the RTAhere
CERA has this video about human rights and housing: