Tenants' Frequently Asked Questions
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STARTING A TENANCY
Do I have to sign a lease?
No. However, most landlords require you to sign a lease, which is their right. Generally, a lease will be for a 12 month
period. Once that 12 months has expired you do not legally have to sign a new lease. Your tenancy will go month to
month. The advantage to being a month-to-month tenant is that you only have to give 60 days written notice to move.
What information does a landlord have to give to a new tenant?
The landlord must provide the landlord’s legal name and address to the tenant. A landlord must also give new tenants
the Information for New Tenants brochure. This brochure provides information about the rights and responsibilities of
landlords and tenants, the role of the Landlord Tenant Board and how to contact the Board.
If you were asked to sign a lease, the landlord has 21 days to give you a signed copy of that lease.
Can a landlord ask for a last month rent deposit?
Yes. A landlord can collect a last month’s rent deposit if it is requested on or before the day that the landlord and tenant
enter into the tenancy agreement. The deposit cannot be more than one month's rent and it can be used only for the last
month before the tenancy ends. It cannot be used for anything else, such as to pay for damages.
Can the landlord charge the tenant a damage deposit?
No.
Can the landlord refuse to rent to a person if the person has a pet?
Yes, if a landlord has a “no pets” policy. However, The Residential Tenancies Act states that any clause in a lease that
prohibits pets is void. This means that once a person becomes a tenant, if the person has a pet, even though the lease
says pets are not allowed, the landlord cannot evict the tenant just for having the pet.
Can a landlord ask a person applying for a rental unit to provide information about income, credit
references and rental history?
Yes. However, the Ontario Human Rights Code has special rules about asking for information about the income of a
prospective tenant. Landlords must follow these rules.
What should I know before I move in with a roommate?
Sharing a rental accommodation has its own unique challenges. It is not always clear what your rights and
responsibilities are in this situation. CLEO has developed a web tool to help you figure out which laws apply to your
situation and what your rights and responsibilities are. Click here to access this web tool.
RENT
How often can the rent be increased?
Rent can be increased once every 12 months provided that the landlord
has given the tenant written notice of the increase at least 90 days
before the rent increase is to take effect.
How much can a landlord legally increase the rent?
In most cases, a landlord can only increase a tenant’s rent by the
annual guideline set by the Ministry of Municipal Affairs and Housing.
Does a landlord have to give rent receipts?
Yes, if a tenant asks for them. The landlord cannot charge for providing receipts.
When is the rent due?
Unless the landlord and tenant have made a different arrangement, rent is due on the first of the month. If rent is not
paid on time the landlord can begin the eviction process.
Can a landlord ask a tenant to pay money to update the rent deposit?
Yes. If the rent increases after a tenant has paid a rent deposit, the landlord can ask the tenant to pay an additional
amount towards the last month’s rent deposit so that it is the same as the new rent.
If a tenant gives notice that they want to move and the landlord has not previously asked the tenant to top up the rent
deposit, the landlord still has the right to ask the tenant to pay an additional amount towards the rent for the last month,
so that it is equal to the current rent.
Does a landlord have to pay interest if a rent deposit is collected?
Yes, the landlord must pay the tenant interest on the rent deposit every 12 months. The amount of interest is equal to
the rent increase guideline that is in effect when the interest payment is due.
Can a landlord charge a fee if a tenant's rent cheque is returned NSF?
If a tenant's rent cheque is returned NSF, a landlord can ask the tenant to pay for the charges the landlord has to pay to
the bank, plus an administrative charge up to $20.
REPAIRS & MAINTENANCE
Who is responsible for maintaining the rental unit?
It is the landlord's responsibility to maintain the unit and ensure that it
is in a good state of repair, even if:
- the tenant was aware of problems in the unit before moving in,
- the landlord puts into the lease that the tenant is responsible for
maintenance.
The tenant is responsible for keeping the unit clean as well as for
repairing or paying for any damage caused by the tenant, their guests
or another person living in the rental unit.
What should a tenant do if repairs are needed to their building or unit?
If repairs or maintenance are required, the tenant should send the landlord a letter outlining the repairs that need to be
made. That letter should include a time frame for completion of the repairs. Click here for a sample letter. Be sure and
keep a copy of the letter for your files.
If the landlord fails to make the repairs, the tenant may want to contact the local property standards office depending
on the type of problem. The tenant may also consider filing an application with the Landlord Tenant Board for a rent
abatement and for an order that the landlord make the repairs.
What temperature does my landlord have to keep my apartment at?
In Cornawll, if heat is included in your rent, the landlord must ensure that rental units be kept at 21 degrees Celsius
during the day and 16 degrees Celsius at night.
Does a landlord have to renovate or paint a rental unit before a new tenant moves in? Or, renovate
or paint it after the tenant has lived there a couple of years?
No. The landlord is not required by law to ‘update’ a rental unit with cosmetic renovations. However, the landlord is
responsible for providing and maintaining a residential complex
and the rental units in it in a good state of repair and fit for habitation.
ENTERING THE TENANT'S UNIT
Can a landlord enter a tenant's unit?
A landlord can enter a rental unit in the case of an emergency or where a tenant allows.
Once the tenant has given notice that he/she will be leaving, the landlord can enter the unit to show it to prospective
tenants. The landlord is not required to provide advance notice to the
tenant, however, entry can only occur between 8:00 a.m. and 8:00 p.m.
In all other instances, the landlord must provide the tenant written notice 24 hours before the entry will occur. The
notice must state when the landlord will enter and the reason for the
entry. If proper notice has been given the tenant cannot refuse the landlord entry.
Can a tenant change or add locks?
A tenant cannot change the locks unless the landlord agrees. If the tenant does change or add locks, a copy of the
keys must be given to the landlord immediately.
Can the landlord change the locks?
A landlord can change the locks while the tenant is living in the unit as long as the tenant is give the keys for the new
locks to the tenant.
TERMINATING THE TENANCY
Can a tenant break a lease?
Not unless the landlord agrees, something that rarely happens. However, the tenant is entitled to assign the remainder
of the lease to a new tenant. The landlord has a right to approve the prospective new tenant, and that approval
cannot be unreasonably withheld.
How much notice does a tenant have to give to move out?
A tenant must provide the landlord with a written notice 60 days before the end of the tenancy.
What is the process for evicting a tenant?
The first thing the landlord must do is provide a written notice to the tenant explaining the problem and indicating
that if the problem is not fixed the landlord will continue with the eviction proceeding.
Can a tenant be evicted in the winter?
Yes.
For what reasons can a landlord evict a
tenant?
There are a number of reasons for evicting a tenant although the most common one is non-payment of rent. Some of
the other reasons for eviction include: persistent late payment of rent, disturbing the neighbours, damage to the unit,
criminal activity, the landlord requires the unit for himself or a member of his family.
What should a tenant do if they receive a Notice of Termination?
The tenant should first read the notice to see why and when the landlord is asking them to leave. If the issue cannot
be worked out with the landlord, the tenant should seek legal advice.