In Ontario, a landlord cannot forcefully evict a tenant without legal process, enter a tenant’s home without proper notice, discriminate based on race, gender, or other protected characteristics, and unlawfully increase rent beyond regulated guidelines. They must comply with the Residential Tenancies Act.
Ontario’s residential tenancies act lays out the responsibilities of landlords, such as maintaining safe and healthy living conditions, respecting a tenant’s privacy, and abiding by rent increase regulations.
Failure to comply with these regulations could lead to legal action against the landlord.
This article will explore in-depth what your landlord cannot do according to the Ontario residential tenancies act and how you can safeguard yourself as a renter.
Tenant’S Right To Quiet Enjoyment
What Is The Quiet Enjoyment Law In Ontario?
In Ontario, tenants have the right to possess their rental unit peacefully during the lease period. This refers to a tenant’s legal right to “quiet enjoyment” of the rental premises.
This right is safeguarded by the provincial law called the “quiet enjoyment covenant. ” The covenant guarantees tenants the right to live in their rental unit without being disturbed or harassed unreasonably.
What Are Some Examples Of Disruptions Barred Under This Law?
The law prohibits the landlord from engaging in any conduct that makes it challenging for the tenant to enjoy the rental unit’s peaceful possession. Some examples of disruptions that are prohibited under the quiet enjoyment law are:
- Entering the tenant’s rental unit frequently, without offering reasonable and timely notice.
- Making unwarranted and loud noises at unreasonable hours that substantially interfere with the tenant’s quiet enjoyment of the unit. This can include loud music from neighboring tenants, barking dogs, or construction noise.
- Making essential and necessary repairs or renovations without giving reasonable notice and disturbing the tenant’s use of the rental unit.
- Limiting access to essential services, such as heating and water, on purpose hoping that the tenant will vacate the unit.
Penalty For Landlords Who Violate This Law.
A landlord who violates the quiet enjoyment law can face severe consequences. They may face rent reductions, end of tenancy lease, financial reimbursement if losses occur, and legal action.
Exceptions To The Quiet Enjoyment Law In Ontario
There are a few exceptions to the quiet enjoyment law in Ontario. Despite the peaceable possession of the rental unit, landlords can act in these circumstances:
- Emergencies: Landlords have the right to enter the rental unit without the tenant’s consent for medical or other emergency reasons immediately.
- Repairs and maintenance: The landlord can enter the rental unit to perform repairs and maintenance work upon proper notice to the tenant.
- Showings: Landlords can enter the rental unit to show the property to potential tenants, buyers, or lenders with 24 hours of notice.
- Inspections: Landlords have the right to inspect the rental unit with 24 hours of notice to ensure that the tenant upkeeps the premises.
Illegal Rent Increases
Rent increases in Ontario are regulated by the government under the residential tenancies act (rta). Your landlord can only increase your rent once every 12 months, as long as your tenancy agreement specifies a fixed-term lease, or if you are on a month-to-month lease.
How Much Can Landlords Increase Rent By, And Is There A Limit?
Landlords are limited in how much they can increase the rent. The rate of increase is set by the government and is usually around 1. 5% to 2%. Under certain circumstances, landlords can also apply for an additional increase to the rent.
Procedures Required For Landlords To Raise Rent In Ontario.
Landlords must follow specific procedures to increase rent lawfully in Ontario. Here is what they must do:
- Provide at least 90 days’ notice of a rent increase in writing, using the proper forms.
- Ensure that the rent increase is in line with the rules set out in the residential tenancies act and that it is not more significant than the amount permitted by the government.
- They must give proper notice to tenants, explaining the reason for the increase and the new amount of rent.
Penalty For Landlords Who Illegally Raise Rent
Landlords who unlawfully increase rent can face significant penalties. If a landlord raises the rent illegally, they can be ordered to pay back any overpaid rent, including an amount equal to the extra rent charged. The landlord could also face a fine of up to $25,000.
Frequently Asked Questions Of What Your Landlord Cannot Do In Ontario?
What Are A Landlord’S Responsibilities In Ontario?
A landlord in Ontario is responsible for maintaining and repairing the rental property and complying with all relevant health and safety codes.
Can A Landlord Evict A Tenant Without Notice In Ontario?
No, a landlord in Ontario cannot evict a tenant without notice. The eviction process must follow the residential tenancies act guidelines.
What Should A Tenant Do If Their Landlord Violates Their Rights?
If a tenant feels their landlord has violated their rights, they should contact the landlord and tenant board or seek legal advice.
Can A Landlord Increase Rent At Any Time In Ontario?
No, a landlord in Ontario cannot increase rent at any time. Rent increases are subject to provincial regulations and require proper notice to tenants.
Conclusion
Guarding your tenant rights in Ontario is paramount. You’re entitled to a peaceful, private living space free from illegal entries and evictions.
Keep in mind, landlords can’t hike your rent arbitrarily or withhold essential services. Your home is your castle, make sure it stays that way.
Reference
http://www.ontario.ca/page/renting-ontario-your-rights