Renting a room, apartment or house while attending Mohawk College? Ontario has rules that protect both tenants and landlords.
Understanding your rights and responsibilities can help you avoid rental problems, recognize when something is not right and know where to get help.
The information below is general guidance and is not legal advice.
Does Ontario’s rental law apply to you?
Most people who rent a room, apartment or house in Ontario are protected by the Residential Tenancies Act.
However, the Act does not cover every living arrangement. It may not apply if:
- You live in a Mohawk College residence.
- You share a kitchen or bathroom with the property owner or certain members of the owner’s immediate family.
- You are staying in temporary or short-term accommodation.
- Your housing falls under another exemption in the Act.
Your rights may be different when the Residential Tenancies Act does not apply. Contact a legal service before making decisions based on your rental situation.
Ontario’s Standard Lease
Most landlords of private residential rental units in Ontario must use the Ontario standard lease.
The standard lease explains important details such as:
- The names of the landlord and tenant
- The address of the rental unit
- The amount of rent and when it is due
- What services and utilities are included
- The length of the tenancy
- Rules about deposits, smoking and tenant insurance
- The rights and responsibilities of the landlord and tenant
Read the entire lease before signing it. Ask questions about anything you do not understand and make sure that all promises or agreed-upon conditions are included in writing.
Learn about Ontario’s standard lease
The Residential Tenancies Act
Ontario’s Residential Tenancies Act establishes the rights and responsibilities of most residential landlords and tenants.
The Landlord and Tenant Board, also called the LTB, resolves many disputes between landlords and tenants. It also makes decisions about matters such as evictions, unpaid rent, maintenance concerns, illegal entry and tenant rights.
Contact the Landlord and Tenant Board:
- Toll-free: 1-888-332-3234
- Toronto area: 416-645-8080
- Visit the Landlord and Tenant Board website
Common Rental Problems
The following are examples of rental practices that may not follow Ontario law. The rules can depend on your circumstances, so get legal advice when you are uncertain.
Unlawful deposits or fees
A landlord can generally request a rent deposit of no more than one rental period. For most students paying rent monthly, this means no more than one month’s rent.
The rent deposit must be used for the final rental period. It cannot normally be used as a damage or cleaning deposit.
A landlord may also request a refundable deposit for keys or access devices. The amount cannot be more than the expected cost of replacing them.
Always request a receipt and keep a record of every payment.
Being told to move out without the proper process
A landlord cannot make you leave simply by asking you to move out, changing the locks or removing your belongings.
A landlord must:
- Have a reason permitted under Ontario law.
- Give you the correct written notice.
- Apply to the Landlord and Tenant Board if you do not move out.
- Receive an eviction order from the Board.
Receiving a notice does not necessarily mean that you must leave immediately. You may have the right to challenge the landlord’s application at an LTB hearing.
Depending on the situation, a landlord may seek to end a tenancy because of:
- Unpaid rent
- Repeated late rent payments
- Serious damage
- Illegal activity
- Overcrowding that violates health, safety or housing standards
- Substantially interfering with the reasonable enjoyment or safety of others
- The landlord, purchaser or an eligible family member needing the unit
- Major repairs, demolition or conversion of the property
Different reasons require different forms, timelines and evidence.
Do not sign an agreement to end your tenancy unless you understand it and have decided that moving out is right for you.
Ending your tenancy
Tenants must normally give their landlord written notice before moving out.
In many situations:
- A monthly tenant must provide at least 60 days’ notice.
- A daily or weekly tenant must provide at least 28 days’ notice.
- The termination date must follow the rules for the type of tenancy and rental period.
- A fixed-term tenant usually cannot select a termination date earlier than the final day of the lease unless another legal option applies.
Use the correct Landlord and Tenant Board form and get advice before ending a lease early.
Requiring you to sign a new lease
When a fixed-term lease ends, you do not normally have to move out or sign another fixed-term lease.
Unless the landlord and tenant agree to a new arrangement, the tenancy will usually continue on a month-to-month or week-to-week basis under the existing terms.
A landlord must still follow the proper legal process to end the tenancy.
Entering your rental unit without proper notice
Your landlord can enter your rental unit only for reasons permitted under Ontario law.
In most situations, the landlord must:
- Give you at least 24 hours’ written notice.
- Explain the reason for entering.
- Include the date and a reasonable time of entry.
- Enter between 8 a.m. and 8 p.m.
Permitted reasons can include completing repairs, carrying out an inspection, allowing a potential purchaser to view the unit or entering for another reasonable purpose included in the rental agreement.
A landlord may enter without written notice when:
- There is an emergency.
- You agree to let the landlord enter at the time.
- The rental agreement requires the landlord to clean the unit.
- The landlord is showing the unit to a prospective tenant after notice has been given to end the tenancy. In this situation, the landlord must make a reasonable effort to let you know before entering.
Your landlord should not enter your unit whenever they choose, even if they own the property.
Not giving you a copy of your lease
Once you and your landlord have signed a written tenancy agreement, the landlord must provide you with a copy.
Under the Residential Tenancies Act, the landlord must generally give the tenant a signed copy within 21 days after the tenant signs it and gives it to the landlord.
Keep a digital or paper copy of your:
- Lease
- Rent receipts
- Inspection records
- Repair requests
- Notices
- Emails and text messages with your landlord
Discrimination or harassment
Landlords, property managers and superintendents cannot discriminate against or harass current or prospective tenants for reasons protected by the Ontario Human Rights Code.
Protected grounds include disability, race, ancestry, place of origin, citizenship, ethnic origin, religion, sex, sexual orientation, gender identity, gender expression, age, marital status and family status.
A landlord also cannot discriminate against someone because they are receiving public assistance.
Students, newcomers and international students have the same protections under the Human Rights Code.
Not providing essential services
Your landlord must keep the rental property in a good state of repair and meet applicable health, safety, housing and maintenance standards.
Where the landlord is responsible for providing them, essential services may include:
- Hot and cold water
- Electricity
- Fuel
- Heat
In Hamilton, rental properties must meet the City’s minimum heating requirements. Landlords are generally required to maintain a temperature of at least 20°C in liveable areas during the heating season.
Report the problem to your landlord or property manager in writing and keep a copy. If the issue is not corrected, you may be able to contact the City of Hamilton, the Rental Housing Enforcement Unit or the Landlord and Tenant Board.
Do not stop paying rent because repairs or services have not been provided without first receiving legal advice.
Before Taking Action
Rental law can be complicated, and the correct next step will depend on your lease and living arrangement.
Before withholding rent, moving out early, changing locks, refusing entry or signing an agreement to end your tenancy, speak with a qualified legal service.
Get Help
Mohawk Students’ Association Legal Counselling
Eligible Mohawk College students can access legal counselling for help with landlord and tenant concerns, including reviewing a lease and understanding their options.
Hamilton Community Legal Clinic
The clinic provides free legal information, advice and possible representation to eligible Hamilton residents.
Contact the Hamilton Community Legal Clinic
City of Hamilton Tenant Support Program
The City provides information and support for Hamilton tenants experiencing issues such as eviction, maintenance problems, above-guideline rent increases or possible violations of their rights.
Explore City of Hamilton tenant supports
Landlord and Tenant Board
The LTB provides forms and information and resolves many disputes under the Residential Tenancies Act.
