Tenant rights in Ontario - leases, rent increases and the Landlord and Tenant Board

Most written tenancy agreements signed on or after April 30, 2018 must use the government's standard lease template. It sets out the rent, what it includes, who pays for utilities, deposits, who is responsible for maintenance and when the landlord can enter. Landlords can add terms, but any term that takes away a right under the RTA, such as requiring a damage or pet deposit, is void and unenforceable.

If your landlord did not use the standard lease and you ask for one in writing, the landlord must give it to you within 21 days. If they do not, you may withhold one month's rent, but not more.

• Rent deposit (often called "last month's rent"): allowed, but no more than the rent for one rental period (one month if you pay monthly). It must be used for your last month of rent.
• Key deposit: allowed, but no more than the cost of replacing the key.
• Damage deposits, pet deposits and other extra charges: not allowed.
• Post-dated cheques or automatic debits: a landlord or lease cannot require them, although you can choose to pay that way.

Always ask for a receipt for anything you pay before moving in.

For most tenancies the landlord can raise the rent only once every 12 months, and must give you at least 90 days' written notice on the proper LTB form. The increase cannot exceed the provincial rent increase guideline unless the LTB approves an above-guideline increase. The guideline is based on Ontario inflation and capped at 2.5%:

• 2.5% in 2025
• 2.1% in 2026
• 1.9% in 2027

Important exemption: the guideline does not apply to units first occupied for residential purposes after November 15, 2018. In those newer units, the 12-month and 90-day notice rules still apply, but there is no cap on the amount, so ask about the building's age before you sign. Rent can also be reset when a new tenant moves in. You can challenge an improper increase at the LTB within 12 months of first being charged it.

Your landlord must keep the building and your unit in a good state of repair and meet health, safety and maintenance standards, including dealing with pests. You must pay for damage that you or your guests cause.

Landlords cannot shut off vital services, such as heat, electricity, fuel and hot or cold water, even if you owe rent. In Toronto, City by-laws require landlords to provide heat from October 1 to May 15, keeping units at at least 21°C. If a building has air conditioning, the landlord must run it from June 1 to September 30 to keep units at or below 26°C. In buildings without central air conditioning, you may install a window or portable unit if you tell your landlord in writing and install it safely.

Do not stop paying rent because of unfinished repairs: your landlord can apply to evict you for non-payment. Instead, put your request in writing, contact 311 if the problem is not fixed in a larger building, or file a T6 application (maintenance) with the LTB.

Your landlord must give you 24 hours' written notice stating the reason and the day and time of entry, and can only enter between 8 a.m. and 8 p.m. Entry without notice is allowed only in an emergency, such as a fire or flood, or if you agree. Once you or the landlord have given notice to end the tenancy, the landlord may show the unit to prospective tenants within the same hours.

A notice from your landlord to end your tenancy is not an eviction order. The landlord must use the proper LTB form and state the reason; if you do not move out, the landlord must apply to the LTB, and you can attend the hearing and explain your side. Only the Court Enforcement Office (Sheriff) can enforce an eviction, and only with an LTB order. Changing the locks or cutting off services to force you out is illegal: contact the City of Toronto's Rental Housing Enforcement Unit (1-888-772-9277 or 416-585-7214) or file a T2 application (tenant rights) with the LTB.

If a landlord ends a tenancy because they or a family member want to move in, or for major renovations, compensation rules apply, usually one month's rent or another acceptable unit, and for renovations you may have a right to move back in. If the LTB finds a landlord acted in bad faith, it can order up to 12 months' rent plus moving and other reasonable costs, and offences can lead to fines of up to $100,000 for individuals and $500,000 for corporations.

Under Ontario's Human Rights Code, a landlord cannot refuse to rent to you or treat you differently because of protected grounds such as race, place of origin, citizenship, religion, sex, age, disability or family status, including having children.

• Landlord and Tenant Board: information line 1-888-332-3234 (Monday to Friday, 8:30 a.m. to 5 p.m.). Most tenant applications (for example T2 and T6) can be filed online through the Tribunals Ontario Portal.
• Legal Aid Ontario: 1-800-668-8258, to find a free community legal clinic if you have a low income.
• City of Toronto: call 311 about building conditions in apartment buildings registered with RentSafeTO (buildings with three or more storeys and 10 or more units). Through the City's Tenant Support Program, the Canadian Centre for Housing Rights helps tenants dispute above-guideline rent increases.