Appendix A: Residential Tenancies Act, 2006

• Author: John Dickie/David Lyman
• Pages: 271-358

271

CONTENTS

PART I INTRODUCTION

1. Purposes of Act

2. Interpretation

3. Application of Act

4. Provisions conflicting with Act void

5. Exemptions from Act

5.1 Other exemption from Act

5.2 Other exemption from Act, site for land lease

home

6. Other exemptions

6.1 Exemptions from rules relating to rent

7. Exemptions related to social, etc., housing

8. Rent geared-to-income

9. Application to determine issues

PART II TENANCY AGREEMENTS

10. Selecting prospective tenants

11. Information to be provided by landlord

12. Tenancy agreement

12.1 Tenancy agreement in respect of tenancy of a

prescribed class

13. Commencement of tenancy

14. “No pet” provisions void

15. Acceleration clause void

16. Minimize losses

17. Covenants interdependent

18. Covenants running with land

19. Frustrated contracts

PART III RESPONSIBILITIES OF LANDLORDS

20. Landlord’s responsibility to repair

21. Landlord’s responsibility re services

22. Landlord not to interfere with reasonable

enjoyment

23. Landlord not to harass, etc.

24. Changing locks

25. Privacy

26. Entry without notice

27. Entry with notice

28. Entry by canvassers

29. Tenant applications

30. Order, repair, comply with standards

31. Other orders re s. 29

32. Eviction with termination order

PART IV RESPONSIBILITIES OF TENANTS

33. Tenant’s responsibility for cleanliness

34. Tenant’s responsibility for repair of damage

35. Changing locks

36. Tenant not to harass, etc.

PART V SECURITY OF TENURE AND TERMINATION

OF TENANCIES

Security of Tenure

37. Termination only in accordance with Act

38. Deemed renewal where no notice

© Queen’s Printer for Ontario, 2006. This is not an official copy of the Residential Tenancies Act, 2006, SO 2006, c 17 under the Legislative Act, 2006.

Current as of April 19, 2021.

Residential Tenancies

Act, 2006

SO 2006, c 17

Consolidation Period: From March 31, 2021 to September 1, 2021.

Last amendment: 2021, c 4, Schedule 11, s 31.

A

© [2022] Emond Montgomery Publications. All Rights Reserved.

272 WORKING WITH THE RESIDENTIAL TENANCIES ACT

39. Restriction on recovery of possession

40. Distress abolished

41. Disposal of abandoned property if unit vacated

42. Disposal of property, unit abandoned

Notice of Termination—General

43. Notice of termination

44. Period of notice

45. Effect of payment

46. Where notice void

Notice by Tenant

47. Tenant’s notice to terminate, end of period or term

Notice by Tenant Before End of Yearly Period or Fixed

Term of Tenancy Referred to in Subs. 12.1(1)

47.0.1 Notice to terminate before end of period or term,

tenancy referred to in subs. 12.1(1)

Notice by Tenant Before End of Period or Term, Tenant

or Child Deemed to Have Experienced Violence or

Another Form of Abuse

47.1 Notice to terminate tenancy, before end of period

or term

47.2 Notice to terminate interest in joint tenancy

47.3 Tenant or child deemed to have experienced

violence or another form of abuse

47.4 Confidentiality

Notice by Landlord at End of Period or Term

48. Notice, landlord personally, etc., requires unit

48.1 Compensation, notice under s. 48

49. Notice, purchaser personally requires unit

49.1 Compensation, notice under s. 49(1) or (2)

50. Notice, demolition, conversion or repairs

51. Conversion to condominium, security of tenure

52. Compensation, demolition or conversion

53. Tenant’s right of first refusal, repair or renovation

54. Tenant’s right to compensation, repair or

renovation

55. Tenant’s right to compensation, severance

55.1 Compensation under ss. 48.1, 49.1, 52, 54 or 55

56. Security of tenure, severance, subdivision

57. Former tenant’s application where notice given in

bad faith

57.1 Former tenant’s application, failure to afford

tenant right of first refusal

58. Notice at end of term or period, additional

grounds

Notice by Landlord Before End of Period or Term

59. Non-payment of rent

60. Termination for cause, misrepresentation of income

61. Termination for cause, illegal act

62. Termination for cause, damage

63. Termination for cause, damage, shorter notice

period

64. Termination for cause, reasonable enjoyment

65. Termination for cause, reasonable enjoyment of

landlord in small building

66. Termination for cause, act impairs safety

67. Termination for cause, too many persons

68. Notice of termination, further contravention

Application by Landlord—After Notice of Termination

69. Application by landlord

70. No application during remedy period

71. Immediate application

71.1 Application based on certain notice

72. Landlord or purchaser personally requires premises

73. Demolition, conversion, repairs

73.1 Compensation under s. 48.1, 49.1, 52, 54 or 55

74. Non-payment of rent

75. Illegal act

76. Application based on animals

Application by Landlord—No Notice of Termination

77. Agreement to terminate, tenant’s notice

78. Application based on previous order, mediated

settlement

79. Abandonment of rental unit

Eviction Orders

80. Effective date of order

81. Expiry date of order

82. Tenant issues

83. Power of Board, eviction

84. Expedited eviction order

85. Effect of eviction order

Compensation for Landlord

86. Compensation, unit not vacated

87. Application

88. Arrears of rent when tenant abandons or vacates

without notice

88.1 Application for compensation for interference with

reasonable enjoyment, etc.

88.2 Application for compensation for failure to pay

utility costs

89. Compensation for damage

90. Compensation, misrepresentation of income

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APPENDIX A RESIDENTIAL TENANCIES ACT, 2006 273

Death of Tenant

91. Death of tenant

92. Landlord may dispose of property

Superintendent’s Premises

93. Termination of tenancy

94. Application to Board

PART V.1 TERMINATION OF OCCUPANCY—NON-PROFIT

HOUSING CO-OPERATIVES

Interpretation

94.1 Interpretation

Notice of Termination of Occupancy by Co-operative

94.2 Notice of termination of occupancy

94.3 Form, contents of notice of termination

94.4 Termination date and other requirements in

notice

94.5 Where notice void

94.6 Effect of payment

Application by Co-operative—After Notice of

Termination

94.7 Application to Board, after notice is given to

member

94.8 Immediate application

94.9 No jurisdiction re Co-operative Corporations Act

Application by Co-Operative—No Notice of

Termination

94.10 Application to Board, without notice, based on

member’s withdrawal, consent or notice

94.11 Application to Board, without notice, based on

previous order, mediated settlement

Refusal to Grant or Postponement of Termination of

Occupancy and Eviction Orders

94.12 Power of Board to refuse order

Compensation for Co-operative

94.13 Compensation, member unit not vacated

94.14 Application for arrears, compensation

94.15 Compensation for damage

Board Proceedings

94.16 Application of ss. 74 to 90

Offences

94.17 Offences

PART VI ASSIGNMENT, SUBLETTING AND

UNAUTHORIZED OCCUPANCY

95. Assignment of tenancy

96. Tenant’s notice to terminate, refusal of assignment

97. Subletting rental unit

98. Tenant application

99. Tenant’s notice, application re subtenant

100. Unauthorized occupancy

101. Overholding subtenant

102. Compensation, overholding subtenant

103. Compensation, unauthorized occupant

104. Miscellaneous new tenancy agreements

PART VII RULES RELATING TO RENT

General Rules

105. Security deposits, limitation

106. Rent deposit may be required

107. Rent deposit, prospective tenant

108. Post-dated cheques, etc.

109. Receipt for payment

General Rules Governing Amount of Rent

110. Landlord’s duty, rent increases

111. Landlord not to charge more than lawful rent

112. Lawful rent when this section comes into force

113. Lawful rent for new tenant

114. Notice to new tenant, order under par. 6, 7 or 8 of

s. 30(1) in effect

115. Application by new tenant

Notice of Rent Increase

116. Notice of rent increase required

117. Compliance by landlord, no notice required

118. Deemed acceptance where no notice of

termination

12-Month Rule

119. 12-month rule

Guideline

120. Guideline increase

120.1 Application of guideline to previously

exempt units

Agreements to Increase or Decrease Rent

121. Agreement

122. Tenant application

123. Additional services, etc.

124. Coerced agreement void

125. Decrease in services, etc.

Landlord Application for Rent Increase

126. Application for above guideline increase

127. Two ordered increases

Reductions of Rent

128. Utilities

129. Capital expenditures

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