Tenant Rights in Ontario: A Comprehensive Guide for 2024
Jul 18, 2024
Table of contents
Title
Title
The Residential Tenancies Act (RTA) is a law in Ontario that details the rights and responsibilities of both the landlord and tenant. This act applies to most private residential units, including apartments, condos, and houses.
In this post, we’ll break down everything you need to know about your rights as a renter in Ontario, including:
Tenant rights
Rent increases
Eviction laws
Rental security deposit
How late you can pay rent
The penalty for breaking a lease
How you can end a tenancy
Click here to read about tenant rights for each province in Canada and here to learn more about the free rental application form in Ontario.
Tenant Rights in Ontario, Canada
The RTA includes all the information you need to know about your rights as a tenant. Below are the most important rights and responsibilities you and your landlord should follow.
What are tenant rights during construction in Ontario?
If your landlord wishes to renovate the rental property, they must provide written notice of entry at least 60 days before the work begins. The notice should cover the reasons for renovations, the nature of work to be done, and any expected inconveniences.
The unit must be habitable during renovations, and you should be allowed to live there without full disruption. If the landlord requires you to relocate temporarily, they may be required to reduce the rent or provide alternative accommodation.
Entering the unit
The landlord is not allowed to enter the rental unit without prior written notice unless:
It is an emergency
With your consent
If they are showing the unit to prospective future tenants (after an agreement has been made to end your tenancy)
The landlord can only enter the unit between 8 a.m. and 8 p.m. and should provide detailed written notice at least 24 hours beforehand.
Discrimination
The landlord cannot discriminate against you because of age, disability, family or marital status, race, religion, sex, or gender.
This type of discrimination violates the Human Rights Code, and you can file a complaint with the Human Rights Tribunal. However, sharing a kitchen or bathroom with the landlord is an exception in the Human Rights Code, and no action can be taken.
Other considerations
The landlord cannot cut off a vital service, such as hot or cold water, gas, and heat, in any circumstances, even if you owe rent.
While it’s not a legal requirement, the landlord may ask you to buy tenant insurance. You are legally obligated to have it if it is written in the lease.
If you have a problem with your landlord and are unsure what to do, visit Navigate Tribunals Ontario for help.
Rent Increases in Ontario
The rent increase guideline for 2025 is 2.5%. This means the landlord can increase your rent by this amount each year. However, they must not increase it by more than 2.5% and must give you written notice of the rent increase at least 90 days before. The notice should be on an LTB form.
If your landlord has not provided proper notice or has increased the rent by more than 2.5%, you can dispute it with the Landlord and Tenant Board within 12 months.
Learn more about rent increases in Ontario here.
Eviction Laws in Ontario
The landlord can evict you only in specific situations and must give you written notice and enough time to move out. They must apply for and receive an eviction order from the Landlord and Tenant Board. If you do not agree with the landlord’s decision, you can go to a hearing and explain why you should not be evicted.
Eviction for personal use
If the landlord wants to use the unit for themselves or their family, or they are selling the property, they must offer you another unit or give you the equivalent of one month’s rent.
Eviction for renovations or repairs
The landlord must compensate you if they evict you due to renovations, repairs, or demolition. They must give you the first right of refusal to move back into a unit after renovations. If you want to move back in after the renovations, you must tell your landlord in writing.
Eviction for not paying rent
If you do not pay rent, the landlord can serve you with a Form N4. For a daily or weekly tenancy, you have seven days to move out. For all other tenancies, you have 14 days.
The application form must be filed through the Tribunals Ontario Portal. If you pay all rent plus any new rent due before your landlord applies to the LTB, the eviction can be voided.
If the landlord wrongfully evicts you, the maximum fine is up to $50,000 for an individual or $250,000 for a corporation.
Read more about eviction laws in Canada.
Rental Security Deposit in Ontario
In Ontario, landlords can request a rental deposit. This amount of money paid upfront when signing the lease covers the first and last month’s rent. Landlords can only legally charge you a total of two months’ rent.
However, the landlord cannot ask you for a security or damage deposit. If you damage something and the landlord wants you to pay, they must ask you for that money separate from the rental deposit.
First and last month's rent rules in Ontario are strict, but they prevent the tenant from being overcharged.
Image by Jörg Hertle from Pixabay
How Late Can You Pay Rent in Ontario?
Rent is considered late if not paid in full by the due date. For example, if your rent is due on the 15th and you pay it on the 16th, it is late.
The landlord can file form N4 detailing how much rent you owe. Then, you have either 7 or 14 days to pay the rent or vacate the property.
If you don’t want to wait for a hearing with the LTB, you can sometimes work with the landlord to come up with a payment plan to make up for the owed rent. However, this is not legally binding, and the landlord may not accept it.
Use Chexy to pay rent with your credit card so that you’ll never make a late payment. Your card will automatically be charged a few days before, and the rent payment will be sent to your landlord on the due date. After setting up an account with Chexy, you don’t need to do anything else–essentially, you set it and forget it!
What is the Penalty for Breaking a Lease in Ontario?
It can be quite costly to leave your rental before the end of a lease. If the property is poorly maintained, you need to move out, or for a number of other reasons, you may have no choice but to break the rental agreement.
If you break the lease, you are breaking the signed contract, and the landlord may hold you responsible for paying the rent you owe until the end of the lease term. For example, if you pay $2,000 a month in rent and have five months left in your lease, you may owe $10,000.
You have a few options if you need to leave and want to avoid this penalty. Be open and discuss with your landlord why you need to break the lease; they might understand and agree to let you off the hook. Otherwise, you can try to find someone to sublet your rental or assign the lease to someone else.
How to End a Tenancy
There are two types of tenancies in Ontario: fixed-term and non-fixed-term.
Fixed Term
In a fixed-term tenancy, the tenant and landlord agree in writing how long the tenancy will last. The lease agreement should include the start and end date and how to proceed if the tenant wants to continue the lease.
When the tenancy ends, either of these things can happen:
It can convert to a daily, weekly, or monthly tenancy, and you don’t need to move out
You can give written notice to your landlord to end the tenancy and move out
You and the landlord can agree on a new fixed-term tenancy
Keep in mind that if the tenancy continues after one year, the landlord may increase the rent.
If you want to leave after the tenancy ends, you must give the landlord at least 60 days’ notice and tell them exactly when you are planning to move out. If you don’t give notice, the tenancy continues.
Non-Fixed Term
In a non-fixed-term tenancy, the tenant and landlord have not agreed on an end date, and this tenancy is continued until the landlord and tenant agree to end it, or the tenant gives a notice to end it. Rent can be paid daily, weekly, or monthly.
Read more about ending a tenancy in Ontario here.
Learn more about renting in Canada in this guide, which covers topics like how to find a rental property, laws and regulations on renting in Canada, and more. Here are also some tips and things to know about your rights as a tenant in Canada.
Once you’ve found the perfect rental, use Chexy to pay rent with your credit card. Not only is it convenient, but you’ll earn rewards, build credit, and access features such as splitting rent with your roommates.
Subscribe to our newsletter below for up-to-date credit card, travel, and rental content.
The Residential Tenancies Act (RTA) is a law in Ontario that details the rights and responsibilities of both the landlord and tenant. This act applies to most private residential units, including apartments, condos, and houses.
In this post, we’ll break down everything you need to know about your rights as a renter in Ontario, including:
Tenant rights
Rent increases
Eviction laws
Rental security deposit
How late you can pay rent
The penalty for breaking a lease
How you can end a tenancy
Click here to read about tenant rights for each province in Canada and here to learn more about the free rental application form in Ontario.
Tenant Rights in Ontario, Canada
The RTA includes all the information you need to know about your rights as a tenant. Below are the most important rights and responsibilities you and your landlord should follow.
What are tenant rights during construction in Ontario?
If your landlord wishes to renovate the rental property, they must provide written notice of entry at least 60 days before the work begins. The notice should cover the reasons for renovations, the nature of work to be done, and any expected inconveniences.
The unit must be habitable during renovations, and you should be allowed to live there without full disruption. If the landlord requires you to relocate temporarily, they may be required to reduce the rent or provide alternative accommodation.
Entering the unit
The landlord is not allowed to enter the rental unit without prior written notice unless:
It is an emergency
With your consent
If they are showing the unit to prospective future tenants (after an agreement has been made to end your tenancy)
The landlord can only enter the unit between 8 a.m. and 8 p.m. and should provide detailed written notice at least 24 hours beforehand.
Discrimination
The landlord cannot discriminate against you because of age, disability, family or marital status, race, religion, sex, or gender.
This type of discrimination violates the Human Rights Code, and you can file a complaint with the Human Rights Tribunal. However, sharing a kitchen or bathroom with the landlord is an exception in the Human Rights Code, and no action can be taken.
Other considerations
The landlord cannot cut off a vital service, such as hot or cold water, gas, and heat, in any circumstances, even if you owe rent.
While it’s not a legal requirement, the landlord may ask you to buy tenant insurance. You are legally obligated to have it if it is written in the lease.
If you have a problem with your landlord and are unsure what to do, visit Navigate Tribunals Ontario for help.
Rent Increases in Ontario
The rent increase guideline for 2025 is 2.5%. This means the landlord can increase your rent by this amount each year. However, they must not increase it by more than 2.5% and must give you written notice of the rent increase at least 90 days before. The notice should be on an LTB form.
If your landlord has not provided proper notice or has increased the rent by more than 2.5%, you can dispute it with the Landlord and Tenant Board within 12 months.
Learn more about rent increases in Ontario here.
Eviction Laws in Ontario
The landlord can evict you only in specific situations and must give you written notice and enough time to move out. They must apply for and receive an eviction order from the Landlord and Tenant Board. If you do not agree with the landlord’s decision, you can go to a hearing and explain why you should not be evicted.
Eviction for personal use
If the landlord wants to use the unit for themselves or their family, or they are selling the property, they must offer you another unit or give you the equivalent of one month’s rent.
Eviction for renovations or repairs
The landlord must compensate you if they evict you due to renovations, repairs, or demolition. They must give you the first right of refusal to move back into a unit after renovations. If you want to move back in after the renovations, you must tell your landlord in writing.
Eviction for not paying rent
If you do not pay rent, the landlord can serve you with a Form N4. For a daily or weekly tenancy, you have seven days to move out. For all other tenancies, you have 14 days.
The application form must be filed through the Tribunals Ontario Portal. If you pay all rent plus any new rent due before your landlord applies to the LTB, the eviction can be voided.
If the landlord wrongfully evicts you, the maximum fine is up to $50,000 for an individual or $250,000 for a corporation.
Read more about eviction laws in Canada.
Rental Security Deposit in Ontario
In Ontario, landlords can request a rental deposit. This amount of money paid upfront when signing the lease covers the first and last month’s rent. Landlords can only legally charge you a total of two months’ rent.
However, the landlord cannot ask you for a security or damage deposit. If you damage something and the landlord wants you to pay, they must ask you for that money separate from the rental deposit.
First and last month's rent rules in Ontario are strict, but they prevent the tenant from being overcharged.
Image by Jörg Hertle from Pixabay
How Late Can You Pay Rent in Ontario?
Rent is considered late if not paid in full by the due date. For example, if your rent is due on the 15th and you pay it on the 16th, it is late.
The landlord can file form N4 detailing how much rent you owe. Then, you have either 7 or 14 days to pay the rent or vacate the property.
If you don’t want to wait for a hearing with the LTB, you can sometimes work with the landlord to come up with a payment plan to make up for the owed rent. However, this is not legally binding, and the landlord may not accept it.
Use Chexy to pay rent with your credit card so that you’ll never make a late payment. Your card will automatically be charged a few days before, and the rent payment will be sent to your landlord on the due date. After setting up an account with Chexy, you don’t need to do anything else–essentially, you set it and forget it!
What is the Penalty for Breaking a Lease in Ontario?
It can be quite costly to leave your rental before the end of a lease. If the property is poorly maintained, you need to move out, or for a number of other reasons, you may have no choice but to break the rental agreement.
If you break the lease, you are breaking the signed contract, and the landlord may hold you responsible for paying the rent you owe until the end of the lease term. For example, if you pay $2,000 a month in rent and have five months left in your lease, you may owe $10,000.
You have a few options if you need to leave and want to avoid this penalty. Be open and discuss with your landlord why you need to break the lease; they might understand and agree to let you off the hook. Otherwise, you can try to find someone to sublet your rental or assign the lease to someone else.
How to End a Tenancy
There are two types of tenancies in Ontario: fixed-term and non-fixed-term.
Fixed Term
In a fixed-term tenancy, the tenant and landlord agree in writing how long the tenancy will last. The lease agreement should include the start and end date and how to proceed if the tenant wants to continue the lease.
When the tenancy ends, either of these things can happen:
It can convert to a daily, weekly, or monthly tenancy, and you don’t need to move out
You can give written notice to your landlord to end the tenancy and move out
You and the landlord can agree on a new fixed-term tenancy
Keep in mind that if the tenancy continues after one year, the landlord may increase the rent.
If you want to leave after the tenancy ends, you must give the landlord at least 60 days’ notice and tell them exactly when you are planning to move out. If you don’t give notice, the tenancy continues.
Non-Fixed Term
In a non-fixed-term tenancy, the tenant and landlord have not agreed on an end date, and this tenancy is continued until the landlord and tenant agree to end it, or the tenant gives a notice to end it. Rent can be paid daily, weekly, or monthly.
Read more about ending a tenancy in Ontario here.
Learn more about renting in Canada in this guide, which covers topics like how to find a rental property, laws and regulations on renting in Canada, and more. Here are also some tips and things to know about your rights as a tenant in Canada.
Once you’ve found the perfect rental, use Chexy to pay rent with your credit card. Not only is it convenient, but you’ll earn rewards, build credit, and access features such as splitting rent with your roommates.
Subscribe to our newsletter below for up-to-date credit card, travel, and rental content.