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(c) the landlord gave a notice of termination under section 50 in bad faith, the former tenant vacated the rental unit as a result of the notice or as a result of an application to or order made by the Board based on the notice, and the landlord did not demolish, convert or repair or renovate the rental unit within a reasonable time after the former tenant vacated the rental unit. (3) The Board shall not make an order terminating the tenancy and evicting the tenant relying on clause (1) (b) if it is satisfied that the animal kept by the tenant did not cause or contribute to the allergic reaction. 2006, c.17, s.78(6). 7, s. 1. 2020, c. 16, Sched. (3) The agreement between the provider of the living accommodation and an occupant of the living accommodation must meet all of the following requirements: 1. (3) A tenant shall give a landlord at least 72 hours notice of a persons offer to purchase a mobile home before accepting the persons offer. Repealed: 2011, c. 6, Sched. (c) require or attempt to require a person to pay any consideration for goods or services as a condition for the subletting, assignment or surrender of occupancy or possession in addition to the rent the person is lawfully required to pay to the tenant or landlord. (2) In interpreting a provision of this Act with regard to a care home, if a provision in Part IX conflicts with a provision in another Part of this Act, the provision in Part IX applies. 2006, c.17, s.3(4). 2006, c.17, s.30(1). 2. 2006, c.17, s.74(8). 2006, c.17, s.46(1). 2023, c. 10, Sched. Landlords who are filing an eviction application because the landlord, a purchaser or a family member requires the rental unit, or because they want to demolish the rental unit, repair it or convert it to another use, must disclose all previous notices (N12 or N13) given to any tenant for these purposes in the last two years for any rental unit. 2016, c. 25, Sched. The statement shall be in a form approved by the Board. (6) Except under the authority of a warrant issued under section 231, an inspector shall not enter any room or place actually used as a dwelling without requesting and obtaining the consent of the occupier, first having informed the occupier that the right of entry may be refused and entry made only under the authority of a warrant. (c) be signed by the person giving the notice, or the persons agent. the amount payable under the terms of the settlement in respect of NSF cheque charges that were charged by financial institutions in respect of cheques tendered by or on behalf of the tenant and for which the landlord has not been reimbursed, iii. 4, s. 27). 2006, c.17, s.115(5). 2018, c. 17, Sched. 2006, c.17, s.78(11); 2017, c. 13, s. 16 (10). 2006, c.17, s.41(1). (6) If an order is made terminating a tenancy under paragraph 3 of subsection (3), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. (2) If the tenant has abandoned the rental unit, the landlord may dispose of any unsafe or unhygienic items immediately. 230 (1) Subject to subsection (6), an inspector appointed by a local municipality under section 226.1 may, at all reasonable times and upon producing proper identification, enter any property for the purpose of carrying out his or her duty under Part XIV and may. C, s. 56; 2006, c. 32, Sched. 2016, c. 2, Sched. 2. (7) The landlord may deduct from the amount payable under subsection (6) the amount, if any, by which the maximum amount of the rent deposit permitted under subsection (2) exceeds the amount of the rent deposit paid by the tenant and the deducted amount shall be deemed to form part of the rent deposit paid by the tenant. 13 (1) The term or period of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement. A landlord can demand a last month's rent deposit on or before the landlord and tenant enter into the tenancy agreement. 4, s. 3 (1) - 21/07/2020; 2020, c. 16, Sched. 244 Subject to section 242, a reference in this Act to an order, application, notice, by-law or other thing made, given, passed or otherwise done under a provision of this Act includes a reference to an order, application, notice, by-law or thing made, given, passed or done under the corresponding provision of the Tenant Protection Act, 1997. 2006, c.17, s.157(4). (2) The tenant may cancel the tenancy agreement by written notice to the landlord within five days after entering into it. 2013, c.3, s.51. 2006, c.17, s.223(2). (2) A tenants obligation to pay the landlord an amount to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home owned by the tenant is suspended, and the landlord shall not require the tenant to pay that amount, if, (a) the landlord has failed to comply with subsection (1) with respect to the most recent information obtained by the landlord from the Municipal Property Assessment Corporation; or. The notice shall be given within the time set out in the Rules. (4) The Board shall not issue an eviction order in a proceeding regarding termination of a tenancy for the purposes of residential occupation, demolition, conversion to non-residential rental use, renovations or repairs until the landlord has complied with section 48.1, 49.1, 52, 54 or 55, as the case may be. 90 If a landlord has a right to give a notice of termination under section 60, the landlord may apply to the Board for an order for the payment of money the tenant would have been required to pay if the tenant had not misrepresented his or her income or that of other members of his or her household, so long as the application is made while the tenant is in possession of the rental unit. (2) A regulation made under subparagraph 2 ii of subsection (1) may, with respect to a prescribed class of tenancies, (a) prescribe different forms of tenancy agreement depending on whether the tenancy agreements for that class are entered into before a date specified in the regulation or are entered into on or after that date; and. (i) by delivering it personally or sending it by mail to, (A) the head office of the co-operative as shown on the records of the Ministry of Finance, or, (B) the co-operatives business office, or, (ii) by handing it to a manager or co-ordinator of the co-operative exercising authority in respect of the residential complex, as defined in Part V.1, to which the notice or document relates; or. 178 Such employees as are considered necessary for the proper conduct of the affairs of the Board may be appointed under Part III of the Public Service of Ontario Act, 2006. (19) This section, as it reads immediately before the day the Rental Fairness Act, 2017 receives Royal Assent, continues to apply with respect to motions under subsection (11) that are received by the Board before that day. 171 One member of the Board is sufficient to conduct a proceeding under this Act. (5) Despite subsection (4), if a person becomes a new landlord in a sale from a person deemed to be a landlord under subsection 47 (1) of the Mortgages Act, the new landlord may require the tenant to pay a rent deposit in an amount equal to the amount with respect to the former rent deposit that the tenant received from the proceeds of sale. 2006, c.17, s.114(3). 2006, c.17, s.92(1). (7) Despite subsection 168 (2), the re-enactment of subsections (1) and (3) by subsection 18 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 2006, c.17, s.243. The notice shall comply with subsection 43 (1). 2020, c. 16, Sched. 20 (1) A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. 2. 2006, c.17, s.63(3). 2006, c.17, s.155(4). Lawful rent where prompt payment discount. 2020, c. 16, Sched. This way, if there is any confusion about the agreement, both the landlord and tenant have a written copy to refer to. 2006, c.17, s.95(1). 2006, c.17, s.263. e-Laws provides access to official copies of Ontarios statutes and regulations. 205 (1) The Board may include in an order one of the following provisions: 1. (3) Subsections (1) and (2) apply only where the landlord, (a) has completed the items in work orders for which the compliance period has expired and which were found by the Board to be related to a serious breach of a health, safety, housing or maintenance standard; and. A rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis. 6. (7) This section does not authorize an inspection in respect of the rights and duties of non-profit housing co-operatives or members of non-profit housing co-operatives. (y) contravenes an order of the Board that. (3) This section does not apply with respect to a tenancy agreement entered into in respect of a tenancy of a prescribed class referred to in subsection (1), if the tenancy agreement is entered into before the applicable prescribed date referred to in that subsection, and even if the tenancy agreement is renewed or deemed to be renewed under section 38 on or after that date. Non-payment of regular monthly housing charges. 82 (1) At a hearing of an application by a landlord under section 69 for an order terminating a tenancy and evicting a tenant based on a notice of termination under section 59, the Board shall permit the tenant to raise any issue that could be the subject of an application made by the tenant under this Act if the tenant, (a) complies with the requirements set out in subsection (2); or. (2) Sections 120, 121, 122, 126, 127, 129, 131, 132, 133, 165 and 167 do not apply on and after the commencement date with respect to a rental unit if the requirements set out in one of the following paragraphs are met: 1. 2. (b) the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent and section 55 does not apply; (d) the repair or renovation was not ordered to be carried out under the authority of this or any other Act. (b) more than seven days but less than six months after the notice mentioned in clause (a) was given to the tenant, an activity takes place, conduct occurs or a situation arises that constitutes grounds for a notice of termination under section 60, 61, 62, 64 or 67, other than an activity, conduct or a situation that is described in subsection 61 (1) and that involves an illegal act, trade, business or occupation described in clause 61 (2) (a). 109 (1) A landlord shall provide free of charge to a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord. (3.1) The landlord shall include with an application under this section a summary of each of the following, if applicable: 1. 2016, c. 25, Sched. (6) A request under subsection (4) shall not be made later than 30 days after a failure of the tenant to meet a term of the order. Order that the landlord pay a specified sum to the former tenant for, i. the reasonable costs that the former tenant has incurred or will incur in repairing or, where repairing is not reasonable, replacing property of the former tenant that was damaged, destroyed or disposed of as a result of the landlords breach, and. 7. 7, s. 5 (2). (2) Subsection (1) does not apply to Part V.1. 2020, c. 16, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, section 53 of the Act is amended by adding the following subsections: (See: 2023, c. 10, Sched. 2016, c. 2, Sched. 4, s. 27. (d) charges for work, services or non-emergency repairs performed by a municipality in relation to a landlords non-compliance with a by-law. 2006, c.17, s.181(1). 2006, c.17, s.11(1). 2006, c.17, s.110. (3) If the lawful rent increases after a tenant has paid a rent deposit, the landlord may require the tenant to pay an additional amount to increase the rent deposit up to the amount permitted by subsection (2). (3) If the Board determines, in an application under paragraph5 of subsection 29(1), that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex, or caused the locking system to be altered, during the tenants occupancy of the rental unit without giving the tenant replacement keys, and if the Board is satisfied that the rental unit is vacant, the Board may, in addition to the remedies set out in subsections (1) and (2), order that the landlord allow the tenant to recover possession of the rental unit and that the landlord refrain from renting the unit to anyone else. 21, s.11(2); 2020, c. 16, Sched. 2020, c. 16, Sched. (1.1) Without limiting the generality of subsection (1), a landlord is deemed to have retained money in contravention of this Act, if the landlord is required to compensate a tenant under section 48.1, 49.1, 52, 54 or 55 and fails to compensate the tenant as required. Same, if member pays regular monthly housing charges. (ii) in subparagraph 4 ii of subsection 78 (4) and in subparagraph 5 i of subsection 78 (7) shall be read as the regular monthly housing charges and other housing charges, other than any refundable amounts; (f) subsection 78 (4) shall be read as including the following paragraph: 3.1 If the settlement or order requires the member to pay some or all of the arrears of the regular monthly housing charges, the amount of any additional other housing charges, other than any refundable amounts, arising after the date of the settlement or order; (g) paragraph 5 of subsection 78 (4) shall be read as follows: 5. 2006, c.17, s.53(2). 2006, c.17, s.198(1). (5) The date for termination specified in the tenants notice shall be at least 10 days after the date the tenants notice is given. 1, s. 188 (3) - 01/01/2012. 4, s. 26). Any item in a work order that relates to one or more elevators in the residential complex and that has not yet been completed, regardless of whether or not the compliance period has expired. 2018, c. 17, Sched. 11, s. 31 (2) - 19/04/2021; 2021, c. 39, Sched. 59.1 prescribing services and facilities and privileges, accommodations and things for the purposes of subsection 165.1 (1); 59.2 for each of the prescribed services and facilities and prescribed privileges, accommodations and things, prescribing the applicable date and the circumstances governing the application of subsection 165.1 (2); 59.3 prescribing the rules governing the reduction of rent for the purposes of subsection 165.1 (3); 60. prescribing services and things for the purposes of section 167; Note: On a day to be named by proclamation of the Lieutenant Governor, paragraph 60 of subsection 241 (1) of the Act is repealed and the following substituted: (See: 2020, c. 16, Sched. (4) The date for termination specified in the tenants notice shall be at least 10 days after the date the tenants notice is given. (See: 2018, c. 6, Sched. 2013, c.3, s.31. 2006, c.17, s.194(3); 2020, c. 16, Sched. 2006, c.17, s.165. 2006, c.17, s.232(2); 2019, c. 7, Sched. 152 (1) This Part applies with respect to tenancies in mobile home parks. (4) If a respondent is required to pay a specified sum into the Board within a specified time under clause (1) (a) and fails to do so, the Board may refuse to consider the evidence and submissions of the respondent. 4, s. 18 (2). (3) For greater certainty, if subsection (1) applies with respect to an increase in rent, section 116 is deemed to have been complied with. 2006, c.17, s.100(3). 78 (1) A landlord may, without notice to the tenant, apply to the Board for an order terminating a tenancy or evicting the tenant if the following criteria are satisfied: 1. 2020, c. 16, Sched. 2020, c. 23, Sched. (5.1) A landlord may file a request to reopen the application under subsection (4) or (5) even if the order includes a provision described in subsection (3.1). 2006, c.17, s.123(2). 2006, c.17, s.96(2). (10) If a meter or a suite meter is installed in respect of a rental unit, a landlord shall comply with the electricity conservation and efficiency obligations referred to in subsection (9) in such other circumstances as are prescribed. The amount of NSF cheque charges, if any, claimed by the landlord that were charged by financial institutions after the date of the settlement or order in respect of cheques tendered to the landlord by or on behalf of the tenant, to the extent the landlord has not been reimbursed for the charges. (a) information about the order made under paragraph 6, 7 or 8 of subsection 30 (1); (b) the amount of rent that the landlord may lawfully charge the new tenant until the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; (c) the amount of rent that the landlord may lawfully charge the new tenant after the prohibition in the order made under paragraph 6, 7 or 8 of subsection 30 (1) ends; (d) information about the last lawful rent charged to the former tenant; and. 2006, c.17, s.74(7). the amount of NSF cheque charges payable to the landlord under the terms of the settlement, iv. (4) If a tenant has sublet a rental unit to another person, (a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenants obligations under the tenancy agreement or this Act during the subtenancy; and. A notice of termination was given to the member for a circumstance described in paragraph 6, 8 or 10 and more than seven days but less than six months after the notice was given, an activity takes place, conduct occurs or a situation arises that constitutes the same circumstance under which the previous notice of termination was given. or a certificate of practice within the meaning of the Architects Act or another qualified person to make a physical inspection of the rental unit to satisfy a requirement imposed under subsection 9 (4) of the Condominium Act, 1998. C, s. 118 - 20/08/2007. 2013, c.3, s.31. C, s. 118(1). C, s.56(4). 106 (1) A landlord may require a tenant to pay a rent deposit with respect to a tenancy if the landlord does so on or before entering into the tenancy agreement. The landlord shall, without delay after receiving the tenants notice, notify the tenant in writing of the estimated date by which the rental unit is expected to be ready for occupancy following the repairs or renovations. The person or entity who was ordered to carry out the work and the time for compliance specified in the order. 4, s. 20. 2006, c.17, s.197(1). 46, s. 50 - 01/01/2018. 194 (1) The Board may attempt to settle through mediation or another dispute resolution process any matter that is the subject of an application or agreed upon by the parties. (2) No order shall be made under subsection (1) unless the application is made not later than one year after the new tenancy agreement takes effect. 2013, c.3, s.50 (2). 2017, c. 13, s. 5. If there is more than one tenant, notice shall be given jointly by all of them. (2) Upon receiving a complaint under this section, the local municipality shall cause an inspector to make whatever inspection the local municipality considers necessary to determine whether the landlord has complied with the prescribed maintenance standards. 3, s. 3 (1). (c) require the tenant, within seven days, (i) to repair the damaged property or pay to the landlord the reasonable costs of repairing the damaged property, or. (2) Despite subsections 171.8 (1) and 171.12.1 (2) of the Co-operative Corporations Act, where the criteria described in subsection (1) are satisfied, the members membership and occupancy rights under that Act are deemed to have been terminated for the purpose of this section. comes into force, continues to apply if the previous application referred to in paragraph 1 of subsection (1) is made before that day, regardless of whether the resulting settlement or order is mediated or made before, on or after that day. 4, s. 26. 2006, c.17, s.175. 3, s. 12 - not in force, 2021, c. 4, Sched. (iv) the member did not give notice to terminate his or her membership and occupancy rights under section 171.9.1 of the Co-operative Corporations Act; (c) make an order lifting the stay of the order under subsection (4), effective immediately or on a future date specified in the order. 2006, c.17, s.88(3). (5) On an application by a landlord under this section, the Board may include the following amounts in determining the total amount owing to a landlord by a tenant or former tenant in respect of a rental unit: 1. (c) in any other case, set aside the order made under subsection (6) and confirm that the eviction order is not void under subsection (4). 2013, c.3, s.31. (3) Subsection (1) does not prevent the landlord to whom a notice is given with respect to a rental unit under subsection 47.2 (1) from disclosing the following information to any tenant referred to in subsection 47.2 (8) after the termination date specified in the notice and after the joint tenant or tenants have vacated the rental unit in accordance with the notice: (a) the fact that a notice was given under subsection 47.2 (1); and. 2006, c.17, s.126(10). (2) A person entitled to apply under this Act but whose claim exceeds the Boards monetary jurisdiction may commence a proceeding in any court of competent jurisdiction for an order requiring the payment of that sum and, if such a proceeding is commenced, the court may exercise any powers that the Board could have exercised if the proceeding had been before the Board and within its monetary jurisdiction. 2020, c. 16, Sched. 4 i to v of subs. 2020, c. 16, Sched. 2017, c. 13, s. 11; 2020, c. 16, Sched. 182 A fee paid for requesting a review of an order under section 21.2 of the Statutory Powers Procedure Act may be refunded if, on considering the request, the Board varies, suspends or cancels the original order. Order the landlord to pay a specified sum to the tenant for, i. the reasonable costs that the tenant has incurred or will incur in repairing or, where repairing is not reasonable, replacing property of the tenant that was damaged, destroyed or disposed of as a result of the landlords breach, and. (2) The landlord shall include with the application an affidavit verifying the agreement or notice of termination, as the case may be. 2006, c.17, s.9(2). (2) If a notice of termination is given in accordance with this Act and the tenant vacates the rental unit in accordance with the notice, the tenancy is terminated on the termination date set out in the notice. 2006, c.17, s.53(3). 2010, c.8, s.39 (1). 2010, c.8, s.39 (1); 2020, c. 16, Sched. (4) If an application is made under subsection (1), the landlord shall file with the Board information as prescribed within the time prescribed. 4, s. 24. 2013, c.3, s.31. part vi assignment, subletting and unauthorized occupancy. 6, s. 1. 2006, c.17, s.231(2). Question #3: Can you increase the rent deposit? 3, s. 12). 111 (1) No landlord shall charge rent for a rental unit in an amount that is greater than the lawful rent permitted under this Part. 4, s. 32. 217 (1) A supplier shall give notice of an intended discontinuance of a vital service only if the vital service is to be discontinued for the rental unit because the landlord has breached a contract with the supplier for the supply of the vital service. (3) A notice given under subsection (1) or (2) shall be in the form approved by the Board and shall set out. (6) Without restricting the generality of subsections (1) and (2), if a hearing is held in respect of an application under section 69 for an order evicting a tenant based on arrears of rent arising in whole or in part during the period beginning on March 17, 2020 and ending on the prescribed date, in determining whether to exercise its powers under subsection (1) the Board shall consider whether the landlord has attempted to negotiate an agreement with the tenant including terms of payment for the tenants arrears. 2006, c.17, s.74(14). 2020, c. 16, Sched. (4) Where the provider of the living accommodation and the administrator of the program under which the living accommodation is provided to the occupant are not the same person or entity, any information required by subparagraph 4 i, ii, iii, iv or v of subsection (3) may be set out in the agreement in respect of the occupants participation in the program entered into between the occupant and the administrator of the program, if the agreement, (a) sets out the legal name and address of the administrator of the program; and. 2. 2013, c.3, s.38. 2006, c.17, s.52. (2) If a notice of termination is given under section 50 with respect to a tenancy agreement between the landlord and a tenant who owns a mobile home and the tenant is entitled to compensation under section 52, 54 or 55, the amount of the compensation shall, despite those sections, be equal to the lesser of the following amounts: 2. 6, s. 1. 2006, c.17, s.230(1); 2016, c. 25, Sched. 2016, c. 2, Sched. 4, s. 32. 124 An agreement under section 121 or 123 is void if it has been entered into as a result of coercion or as a result of a false, incomplete or misleading representation by the landlord or an agent of the landlord. 2. 17, s. 153. comes into force. i. providing that a tenancy agreement for that class may include additional terms but only if those terms are not inconsistent with the mandatory terms set out in the form of tenancy agreement prescribed for that class. 2006, c.17, s.50(4). 5, s. 12. 2016, c. 2, Sched. 32 If the Board makes an order terminating a tenancy under paragraph 1 of subsection 30 (1) or clause 31 (1) (e), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. 4. 2020, c. 16, Sched. (f) order the landlord to take and supply at the landlords expense such tests and samples as are specified in the order. (15) Subsections (3.1), (3.2) and (12.1) and subclauses 126 (13) (b) (iv), (v) and (vi) do not apply with respect to an application under this section if the application was made before the day subsection 22 (7) of the Rental Fairness Act, 2017 comes into force. (4) Subsections (1) to (3) apply, with necessary modifications, to any extract or copy of a certificate, statement, document, order or record referred to in those subsections, if the extract or copy is certified as a true extract or copy by the person who made the extract or copy. (a) if the member vacates the member unit in accordance with the notice, the occupancy terminates on the date set out in clause (1) (b); (b) if the member does not vacate the member unit, the co-operative may apply to the Board for an order terminating the occupancy of the member unit and evicting the member; and. 2020, c. 16, Sched. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 57.1 (2) of the Act is repealed and the following substituted: (See: 2023, c. 10, Sched.