Eviction rules
Your landlord can only evict you in specific situations and must give you written notice using the proper form provided by the Landlord and Tenant Board (LTB), an independent tribunal with the authority to resolve residential tenancy disputes in Ontario. The form must give the reason for eviction.
Even if your landlord gives you written notice, you don't have to move out. Your landlord must first apply for and receive an eviction order from the LTB. You have the right to go to a hearing and explain why you should not be evicted.
For more information, read the LTB's brochures:
- How a Landlord Can End a Tenancy
- How a Tenant Can End Their Tenancy
Protection against wrongful evictions
New rules under the Protecting Tenants and Strengthening Community Housing Act,2020 and existing rules under the Residential Tenancies Act,2006 help to ensure that tenants’ rights are protected.
Under the new law, the maximum fine for an offence under the Residential Tenancies Act,2006 has doubled and can be up to:
- $50,000 for an individual
- $250,000 for a corporation
Eviction for personal use
Your landlord must now give you the equivalent of one month’s rent, or offer you another unit if they:
- want to use the unit themselves
- want to use the unit for their family
- are selling the property and the purchaser will be using the unit themselves
Renovictions
Your landlord must also compensate you if they evict you from your unit to:
- renovate
- repair
- demolish
They must give you the right of first refusal to move back into the unit following the renovation. You must notify your landlord in writing before you leave that you want them to offer you the unit when they complete the renovation.
Under the new rules, if your landlord fails to provide you a right of first refusal, you will have two years, rather than one, to file a claim with the Landlord and Tenant Board for compensation.
Bad faith evictions
Landlords must act in good faith when evicting a tenant for reasons that are not the tenant’s fault. This means the landlord must have honest intentions to use the rental unit for the purpose stated on the eviction notice. Landlords will also be required to disclose their past use of no-fault evictions when applying for no-fault evictions. This will give the LTB more information to consider when determining whether the application was made in good faith and if an eviction order should be issued.
If the LTB determines that a landlord has given a notice of termination in bad faith, they may make an order requiring the landlord to pay the former tenant the sum of:
- the difference between the last rent charged to the former tenant and the former tenant’s current rent in their new unit for up to a one-year period
- up to12 months of the last rent charged to the former tenant, and
- reasonable out-of-pocket moving, storage and other expenses that the former tenant has incurred or will incur.
This applies to all bad faith evictions, including:
- where the landlord does not allow the tenant to move back into the unit after repairs or renovations
- where the landlord or purchaser does not move into or use the unit themselves
Repayment agreements
The Protecting Tenants and Strengthening Community Housing Act,2020 encourages landlords to try to negotiate a repayment agreement with a tenant before seeking eviction if rent has not been paid during COVID-19. When a landlord applies for an eviction order for rent arrears, the Landlord and Tenant Board must now consider whether the landlord tried to work with the tenant to catch up on rent before seeking eviction. This is to encourage repayment agreements so evictions can be avoided.
Formal repayment agreement
We encourage landlords and tenants to work together to establish fair arrangements for repayment of rent. If a landlord applies to the LTB for an eviction based on non-payment of rent, the landlord and tenant may settle the eviction application by reaching a formal repayment agreement that is approved by the LTB.
We know that circumstances can change, and a tenant might suddenly be unable to meet the terms of a board-approved repayment plan. If a landlord gets an eviction order, tenants can still ask the LTB for a hearing to consider their circumstances before an eviction order is enforced.
Informal repayment agreement
If you are struggling to meet a repayment agreement that the LTB did not approve, your landlord still must apply to the LTB for an eviction hearing. At the hearing you would be able to explain why you were unable to follow the repayment agreement.
Repayment agreements, whether formal or informal, do not allow landlords to evict a tenant without an order from the LTB. Tenants will continue to be able to request a hearing at the LTB. The LTB can consider the circumstances of each case to determine whether or not an eviction order should be issued.
Landlords cannot impose repayment agreements on tenants, and tenants cannot be evicted for refusing a rent repayment plan. It’s an offence under the Residential Tenancies Act,2006 for a landlord to harass or threaten a tenant to get them to move out.
Mediation
Mediation can be used to help resolve disputes faster and easier. It is less formal and intimidating than the traditional hearing process. It is intended to help start a conversation between tenants and landlords under the guidance of a neutral mediator who knows the rights and responsibilities under the Residential Tenancies Act,2006.
Under the Protecting Tenants and Strengthening Community Housing Act,2020, the Landlord and Tenant Board may require tenants and landlords to attend a mediation session to discuss their concerns in advance of their hearing. Landlords and tenants are not required to reach an agreement.
If parties are unable to reach an agreement in mediation, a formal hearing would be held.
Easy-to-understand leases
Landlords of most private residential rental units – from individuals to property management companies – must use the standard lease template, for all new leases.
The standard lease does not apply to care homes, sites in mobile home parks and land lease communities, most social and supportive housing, certain other special tenancies and co-operative housing.
It is written in easy-to-understand language and includes information such as:
- the rent amount and when it’s due
- what’s included in the rent (for example, air conditioning or parking)
- rules or terms about the rental unit or building (for example, no smoking)
It also has a section on renter and landlord rights and responsibilities, and explains what can (and cannot) be included in a lease. For example:
- who’s responsible for maintenance and repairs
- when your landlord can enter your unit
- that landlords can’t ban guests or pets
If you are entitled to a standard lease but didn't get one, ask your landlord in writing for a copy. Once you request it, they must give it to you within21 calendar days. If they don't, you can withhold one month’s rent.
If you still haven't received a standard lease30 calendar days after you withheld one month’s rent, you can keep the withheld rent.
Please note, you cannot withhold more than one month’s rent and you must continue paying your rent for the term of your lease, even if your landlord never gives you the standard lease. However, if a standard lease is not provided, special rules allow you to end your fixed-term lease early.
Learn more about the standard lease.
Who’s protected by rental rules
Ontario’s Residential Tenancies Act applies to most private residential rental units, including those in single and semi-detached houses, apartments and condominiums, and secondary units (for example, basement apartments).
Some types of rentals aren't included, such as university and college residences and commercial properties.
Rent increase limits
The rent increase guideline for2023 is2.5%. For most tenants, your rent can’t go up by more than the rent increase guideline for every year. This applies to most tenants living in rented houses, semis, basement apartments, condos, as well as care homes, mobile homes, and land lease communities.
Learn about exceptions, rent increase guidelines and how it’s calculated.
Where to get help
The Landlord and Tenant Board (LTB) is the tribunal with the authority to resolve disagreements between landlords and tenants and can provide you with information about your rights and responsibilities under the Residential Tenancies Act,2006.
Contact the LTB online or by telephone (toll free at
You can also use their free online search tool, Navigate Tribunals Ontario, to receive helpful information and resources.
Landlords and tenants who have a disagreement related to offences under the Residential Tenancies Act can work with the Rental Housing Enforcement Unit to solve the problem. Learn more about rental housing offences and how to solve a disagreement with your landlord or tenant.
We encourage you to seek legal advice to assess your options. Community clinics provide free or low-cost information, legal advice and representation. You can find a community legal aid clinic in your area by contacting Legal Aid Ontario’s Client Service Centre by phone at
FAQs
What a landlord Cannot do Ontario? ›
Landlords cannot impose repayment agreements on tenants, and tenants cannot be evicted for refusing a rent repayment plan. It's an offence under the Residential Tenancies Act, 2006 for a landlord to harass or threaten a tenant to get them to move out.
Can a landlord just kick you out in Ontario? ›Landlord must give proper notice
A landlord can only end a tenancy for one of the reasons allowed by the Act. In most cases, the first step is for the landlord to give the tenant a notice in writing that they want the tenant to move out.
You have the right to choose a tenant using income information, credit checks, credit references, rental history, guarantees, and similar business practices as prescribed in the Ontario Human Rights Code regulations.
What is considered landlord harassment in Ontario? ›Harassment. Under the Residential Tenancies Act, 2006 it is an offence: for a landlord (or someone acting on behalf of a landlord) to do things that would interfere with a tenant's ability to enjoy living in their rental unit. to threaten, interfere with, or harass a tenant to move out of a rental unit.
What are tenant obligations Ontario? ›Tenants must: Pay the rent on time. Behave well, clean the rental premises, repair damage caused by a willful or negligent act of the tenant or a person whom the tenant permits on the premises. Not harass, obstruct, coerce, threaten or interfere with the landlord.
What can a landlord sue for Ontario? ›Usually you can sue for property damage, some landlord/tenant disputes, broken verbal or written contracts, bad cheques, unpaid artist fees, or the collection of personal debts.
What is the tenant Act in Ontario 2022? ›Landlords can send a notice to tenants before the freeze is lifted for a rent increase that takes effect in 2022. Landlords can apply to the Landlord and Tenant Board for above-guideline rent increases, under certain circumstances, such as after major capital work has been paid for and finished.
How do I report a landlord in Ontario? ›If you have a complaint about your landlord or your tenant, contact the Landlord and Tenant Board at 1-888-332-3234 or visit TribunalsOntario.ca/ltb. If you have a human rights complaint, contact the Human Rights Tribunal of Ontario at 1-866-598-0322 or visit TribunalsOntario.ca/hrto.
How much time does a landlord have to give a tenant to move out in Ontario? ›Landlords are required to give their tenant at least 60 days written notice to the end of the term or rent period using the Landlord and Tenant Board Form N12. Be sure you are using the current form N12 – updated on July 28, 2020 and it can be found at https://tribunalsontario.ca/ltb/forms/#landlord-forms.
What can a landlord evict you for in Ontario? ›You or your guest(s) do something illegal in your unit or building. Causing excessive damage to the rental property or building. Unreasonably disturbing the landlord or other tenants in the building (this applies to you or your guests). Overcrowding/having too many people living in one unit.
What can a landlord not ask you Ontario? ›
Landlords cannot ask you personal questions that interfere with your rights under the Ontario Human Rights Code. Therefore, questions about age, disability, place of origin, religion, family status, sexual orientation, gender expression and other Human Rights grounds are not allowed.
What constitutes uninhabitable living conditions Ontario? ›Even though there are no explicit legal definitions of what uninhabitable living conditions are, generally speaking, anything that makes a living in the rental unit or premises impossible would qualify as inhabitable. Examples include: Faulty or dysfunctional plumbing system or gas. Broken/missing windows or doors.
What can a landlord refuse? ›If someone has a criminal record, it's perfectly acceptable to decline them on this basis. You could be setting yourself up for property damage, theft, drugs within the property or, even if your tenant is on their best behaviour, they might attract unwanted attention to your property.