10 Essential Things Every Tenant in Ontario Should Know Before Renting an Apartment
If you're planning on renting an apartment in Ontario, it's crucial to be aware of your rights and responsibilities as a tenant. Moving into a new place is an exciting milestone, but it’s not just about finding the right location or falling in love with the layout. There are important legal details that could affect your experience as a renter. Luckily, Ontario’s Residential Tenancies Act, 2006 (“RTA”) is designed to protect tenants and landlords, ensuring a balanced and fair rental relationship. But laws can be complicated, so let’s break down 10 essential things tenants need to know before they move into an apartment.
1. Understanding Your Lease Agreement
Before signing on the dotted line, make sure you read your lease carefully. In Ontario, landlords are required to use the Standard Lease Agreement, which was introduced in 2018. This document lays out the basic terms of your tenancy, such as rent, rules around pets, and the length of the lease.
Make sure you understand every aspect of this agreement because once it's signed, both you and the landlord are bound by its terms. Pay close attention to:
Rent amount and any included/excluded utilities;
Payment due date; and,
Restrictions on smoking, parking, or additional tenants.
According to the RTA, any illegal terms included in the lease (e.g., non-refundable security deposits, a “no pets” clause) will not be enforced, even if you sign the document. So be cautious about any unusual clauses and know your rights!
2. Rent Increases and Rent Control
It’s vital to understand how rent increases work in Ontario. For most apartments, there are strict rules under the RTA about how much a landlord can increase your rent.
Generally, landlords can only increase rent once every 12 months, and the increase must follow the annual rent increase guideline set by the Ontario government. For example, if the guideline is 2%, your landlord can raise your rent by no more than 2% unless they have applied for an above-guideline increase.
A common mistake is assuming that all rental units are covered by rent control. If your unit was built or first occupied after November 15, 2018, rent controls do not apply, and your landlord can increase your rent by any amount after giving 90 days’ notice. Please also note that condominiums are governed by the Condominium Act, 1998 and therefore, will have different enforceable rules and regulations.
3. Know Your Rights to Privacy
While you’re renting an apartment, it becomes your home, and your landlord can’t just walk in anytime they want. The Residential Tenancies Act gives tenants the right to privacy, meaning the landlord must give 24 hours’ written notice before entering your apartment, except in emergencies.
The notice must include:
The reason for entry;
The date; and
The time (which must be between 8 a.m. and 8 p.m.).
Valid reasons for entry can include repairs, showing the unit to prospective tenants or buyers, or performing inspections. If your landlord frequently enters without following these rules, this could be considered harassment, and you can file a complaint with the Landlord and Tenant Board (“LTB”).
4. Deposits and Rent Payments
In Ontario, it’s illegal for landlords to ask for any sort of security deposit. However, they are allowed to ask for a last month's rent deposit when you sign the lease. This deposit will be applied to your final month’s rent when you eventually move out.
A few key things to know about deposits:
The last month’s rent deposit cannot be used for anything else (e.g., repairing damages or cleaning);
Your landlord is not allowed to demand post-dated cheques as a condition of the rental;
If your landlord asks for a key deposit, it must be refundable and only cover the actual cost of replacing the keys.
5. Maintenance and Repairs
Landlords are legally obligated to maintain the apartment in a condition that complies with health, safety, housing, and maintenance standards. This includes providing necessary repairs, maintaining appliances, and ensuring that your unit is livable.
If you’re experiencing maintenance issues like a leaking roof, broken appliances, or a lack of heat, your landlord must take action to fix these problems as soon as reasonably possible. Under the RTA, tenants also have the right to withhold rent if essential services (like heating or water) are not provided, though it’s always best to get legal advice before doing so. If your landlord is unresponsive, you can file a maintenance application with the LTB.
6. Utilities: What's Included and What’s Not
Before you move in, it's essential to know which utilities are included in your rent and which ones you'll need to cover yourself. The lease agreement should clearly specify:
If utilities like heat, hydro (electricity), and water are included; and
If there are any additional charges (like air conditioning or parking fees).
It’s also a good idea to check if the building has separate meters for each unit, as this can affect your hydro bill. If you’re responsible for paying utilities, budget accordingly to avoid surprises.
7. Subletting and Assigning Your Lease
Life happens, and sometimes you may need to move out before your lease ends. In Ontario, you are allowed to sublet or assign your lease, but there are some important distinctions between the two:
Subletting: You temporarily rent out your unit to someone else while keeping your name on the lease.
NOTE: You’re still responsible for the apartment and the rent.Assigning: You transfer the lease to another person entirely, and they take over your lease. You are no longer responsible for the unit.
In either case, your landlord must approve the new tenant, but they cannot unreasonably refuse. If they do refuse without a valid reason, you can take the matter to the LTB.
8. Ending Your Lease: Proper Notice
If you want to move out, there are rules for giving notice to end your tenancy. For month-to-month tenants, you need to give at least 60 days' written notice, with the termination date aligning with the end of a rental period (e.g., the last day of the month). If you’re on a fixed-term lease, you can only end it early with the landlord’s agreement, by assigning or subletting, or in exceptional cases like domestic violence.
If a landlord wants to end your tenancy, they must provide valid reasons under the RTA. Common reasons include:
The landlord or a family member needs to move into the unit;
The landlord is planning to demolish the unit or convert it to another use.
The landlord is required to give appropriate notice, and in some cases, tenants are entitled to compensation.
9. Evictions: When Can They Happen?
Evictions can be a daunting topic, but it's essential to know under what circumstances they are allowed. The RTA outlines specific reasons a landlord can evict a tenant, including:
Non-payment of rent;
Causing damage to the property;
Illegal activities on the premises; and/or,
Interfering with other tenants’ reasonable enjoyment of the property.
Landlords cannot simply evict tenants without going through the proper legal process. They must file an application with the Landlord and Tenant Board and provide a valid reason. The LTB will hold a hearing, and tenants have the right to defend themselves. If you receive an N4 notice (for non-payment of rent), you typically have 14 days to pay before the landlord can proceed with eviction.
10. Know the Role of the Landlord and Tenant Board (LTB)
The Landlord and Tenant Board is the governing body that resolves disputes between landlords and tenants in Ontario. If you ever find yourself in a conflict with your landlord, such as over maintenance issues, rent increases, or eviction notices, the LTB is where you can go for resolution.
The process is as follows:
File an application (e.g., for maintenance concerns, illegal rent increases, etc.);
The LTB will set up a hearing;
Both parties will present evidence and arguments.
It’s important to know that LTB rulings are binding. If you're facing any issues, consider seeking legal advice or representation, as the process can be intimidating.
Renting an apartment in Ontario comes with many rights and responsibilities, and it’s essential to be well-informed before you sign a lease. The RTA offers solid protections for tenants, but knowing how the system works is the first step to ensuring a smooth rental experience.
Quick Recap of the 10 Things Tenants Need to Know:
Read your lease carefully and ensure it follows the Standard Lease Agreement.
Be aware of rent increases and whether your unit is rent-controlled.
Understand your right to privacy.
Know the rules around deposits and rent payments.
Maintenance is the landlord’s responsibility – report issues promptly.
Clarify which utilities are included and budget for extras.
You can sublet or assign your lease if needed, with landlord approval.
Give proper notice when ending your lease or moving out.
Evictions must follow strict legal processes.
The Landlord and Tenant Board (LTB) is there to resolve disputes.
By understanding these key aspects, you’ll be better equipped to navigate the rental landscape and enjoy your new home with peace of mind. Always remember, when in doubt, consult the Residential Tenancies Act or get legal help to ensure your rights are. Happy home shopping!
