The Residential Tenancies Act (RTA) of January 2007 - Frequently Asked Questions about the new law that was recently implemented in Ontario regarding the Landlord and Tenant Board

General

• What does the Landlord and Tenant Board do?
• Who is covered by the Residential Tenancies Act, 2006 (the Act)?
• How can I talk to someone about the Act?
• Where can I get a copy of the Residential Tenancies Act (the Act)?
• Where can I get copies of the Landlord and Tenant Board’s forms and brochures?

Starting a Tenancy

• Can a landlord ask a person applying for a rental unit to provide information about their income, credit references and rental history?
• Do landlords and tenants have to have a written lease or tenancy agreement?
• What information should be included in a tenancy agreement?
• Can I get a lease or rental application from the Landlord and Tenant Board?
• What information does a landlord have to give to a new tenant?
• Can a landlord charge a person a deposit or a fee for allowing them to rent a unit?
• Can the landlord refuse to rent to a person if they have a pet?

Rights and Responsibilities

Maintenance and Repair

• Who is responsible for maintaining the unit?
• Can a tenant withhold rent because their landlord isn’t properly maintaining their building or unit?
• What should a tenant do if repairs are needed to their building or unit?
• Can a tenant pay their rent to the Board if their landlord isn’t properly maintaining their building or unit?
• Who is responsible for snow removal?
• Who is responsible for garbage removal?
• When does a landlord have to turn the heat on?  What temperature does my landlord have to keep my apartment at?
• What can a tenant do if their landlord does not turn on the heat?
• When does the landlord have to turn on the air conditioning?  What is the earliest that it can be turned off?
• Does a landlord have to renovate a rental unit before a tenant moves in?  Or, renovate it after the tenant has lived there a couple of years?

Entering the Tenant’s Unit

• Can the landlord enter a tenant’s unit?
• Can a tenant refuse to let the landlord in if the landlord wants to enter their unit?
• What can happen if a landlord enters a unit illegally?
• Can a tenant change the locks?
• Can the landlord change the locks? 

 Rent

• How is the rent on a rental unit decided?
• How often can my rent be increased?
• How much can a landlord legally increase the rent this year?
• Does a landlord have to notify a tenant of a rent increase?
• Does a landlord have to give rent receipts?
• What information must be provided in a receipt?
• When is rent considered late?
• If a tenant is late with their rent, what can the landlord do? 

 Rent Deposits and Other Charges

• Can a landlord charge a person a deposit or a fee to rent a unit?
• Can a landlord ask a tenant to pay money to update their rent deposit?
• Does a landlord have to pay interest if a rent deposit is collected?
• Can a landlord ask for a deposit for keys?
• Can the landlord charge for additional or replacement keys?
• If the landlord changes the locks, can the landlord charge the tenant for the new keys?
• Can the landlord charge the tenant a damage deposit?
• Can a landlord charge a fee if a tenant’s rent cheque is returned NSF?

Ending A Tenancy

How a Tenant Can End a Tenancy

• How much notice does a tenant have to give if they want to move out?
• Can a tenant break a lease?
• What is the difference between assigning and subletting a unit?
• How can a tenant sublet their unit?
• What happens if a tenant assigns or sublets their unit without the landlord’s consent?

How a Landlord Can Evict a Tenant

• What is the process for evicting a tenant?
• Can a tenant be evicted without a hearing?
• Can a tenant be evicted in the winter?
• For what reasons can a landlord evict a tenant?
• Can a landlord evict a tenant for having a pet?
• Can a tenant be evicted for having a roommate?
• Can a tenant be evicted if the landlord wants to use the unit themselves?
• Can a tenant be evicted if the landlord sells the house and the purchaser wants to move in?
• Can a tenant be evicted for something that their roommate or a guest they allow into the rental unit does?
• What can a tenant do if the landlord gives them a Notice of Termination? 

Abandoned Unit

• If the tenant didn’t give notice that they were leaving, but the landlord believes the tenant has left the rental unit – can the landlord change the locks and re-rent the unit?
• What can a landlord do with property that is left in the unit after the tenant has moved out or been evicted?

Application Process

Applications to the Board

• How can I file an application with the Board?
• How much does an application cost?
• How can I pay for an application?
• How will I know if an application has been filed against me?
• What can I do if an application is filed against me?
• If the landlord files an eviction application about non-payment of rent, can a tenant stop the eviction process before the hearing?

Hearings at the Board

• What happens at a hearing?
• What issues can a tenant raise at a hearing of a landlord’s application based on non-payment of rent?
• Do I need a lawyer or agent?
• Does the Board supply an interpreter at hearings?
• Can I ask someone else to go to the hearing in my place?
• What if the hearing date is not good for me – can I have it moved to another day?
• What happens if I am late for my hearing?
• What happens if I do not attend my hearing?
• Does the Board always hold a hearing to resolve an application?

Board Decisions

• How do I find out about the decision on my application?
• If I don’t agree with the decision that is made, is there anything that I can do?
• What is an ex parte order and how can it be set aside?
• What can be done if the landlord or tenant refuses to pay the other any money they were ordered to pay by the Board?
• What can a landlord do if the tenant does not move out of the unit by the date set out in the eviction order? 

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