Rental FAQs

The Residential Tenancies Act (the Act) states that where a tenant has vacated a rental unit and has left belongings in the unit, the landlord is permitted to sell the belongings, retain them for the landlord's own use, or otherwise dispose of the abandoned property.

If a tenant dies and there are no other tenants in the unit, the tenancy is deemed to be terminated 30 days after the death of the tenant. The landlord must preserve any property of the tenant who has died other than property that is unsafe or unhygienic.

The landlord must provide reasonable access to the rental unit to allow the executor of the estate or family member to remove the tenant's property. The landlord is permitted to sell, retain for the landlord's own use or dispose of the property once 30 days have passed from the day the tenant died.

The Act states that if within six months of the tenant's death the executor or administrator of the tenant's estate or a family member claims any of the property that the landlord has sold, the landlord shall pay to the estate the amount of the proceeds from the sale, after deducting the landlord's reasonable out of pocket expenses for moving, storing, securing or selling the property; and/or any arrears of rent owing. Where the landlord has retained the belongings for his own use, if the executor or administrator of the tenant's estate or a family member claims the property, the landlord shall return the property to the tenant's estate.

If the tenant or a person the tenant allows in the rental unit willfully or negligently causes damage to the rental unit, the landlord can give notice. The notice must be dated for 20 days, detail the reasons for termination and inform the tenant s/he is required to pay the reasonable costs of repairs or make the repairs within 7 days. The notice becomes void if the tenant complies within 7 days.

If the conduct of a tenant, another occupant of the rental unit or a person permitted in the rental unit by the tenant substantially interferes with the reasonable enjoyment of the rental unit, a notice may be given. Notice cannot be effective earlier than 20 days and must explain the reasons for termination and require the tenant to stop the activity or conduct or correct the problem set out in the notice within seven days.

A landlord may issue a notice of termination if the tenant fails to pay rent lawfully owing under a tenancy agreement. The notice may not be effective earlier than the 7th day for a daily or weekly tenancy or the 14th day for all other types of tenancy agreements. The notice must specify the amount of rent overdue and that the tenant may avoid termination by paying the rent before the notice becomes effective.

The Ontario Rental Housing Tribunal is a quasi-judicial agency that determines issues and rules on disputes that arise between residential landlords and tenants. The Members are not judges, but do have the authority to rule on applications. The Members must have the ability to hold hearings; make reasonable decisions; deal effectively with landlord and tenant relationships, possess knowledge related to administrative justice and fairness and follow an established Code of Conduct and Rules of Practice. The Tribunal is required to report annually on its operations, business plans, service levels and performance to the Minister of Municipal Affairs and Housing.

The Tribunal's central toll-free telephone number is 1-888-332-3234 (in the Toronto area call 416-645-8080). The Tribunal has eight Regional Offices across the province located in London, Hamilton, Ottawa, Sudbury, Mississauga and three in Toronto. The Tribunal web site provides further information about the Tribunal, has forms available for downloading and allows you to check the status of your application.

The Tribunal’s Regional Offices offer a full range of services that include hearings, mediation, processing applications, providing general information on the Residential Tenancies Act’ and distributing printed material including forms. Client Service Offices offer similar services with the exception of hearings and mediation. Document Filing Centres receive applications and distribute printed material only.

The Residential Tenancies Act’ allows tenants to have pets regardless of any agreement they may have entered to the contrary. If the pet causes damages, disturbances, allergic reaction or is of a breed that is inherently dangerous you have grounds to issue a notice of termination.

A landlord may deliver the written notice of his/her intention to enter the rental unit by: a) Handing it to the tenant or an adult on the tenant's premises; b) Leaving it in the mail box or in a place where mail is ordinarily delivered; c) Sliding it under the tenant's door; or d) Posting it on the tenant's door 24 hours in advance.

Landlords who are unable to gain access to the rental unit have two options: a) Document their efforts to enter the unit and issue a notice of early termination on the basis of substantial interference with the landlord's enjoyment of the premises; or b) Contact the Investigation and Enforcement Unit of the Ministry of Municipal Affairs and Housing. They will contact the tenant and, in many circumstances, are able to secure tenant cooperation without taking legal action.

If there is a written fixed term tenancy (lease), the tenant is entitled to continue the tenancy until the expiration of that agreement. The purchaser will have to honour the terms of the lease. However, the tenancy may be terminated early if the tenant agrees.

If the renter/occupant fails to vacate the premises after notice is given, the owner may take steps to recover possession of the premises. The owner may change the locks to the premises once the date of termination has passed, however, this may result in police involvement.

When the landlord attends the Enforcement Office, the landlord will be required to pay $315.00 PLUS $0.58 per kilometre that the Sheriff has to travel from the courthouse to the eviction address.

Landlords may use income information, credit checks, credit references, rental history, guarantees, and other similar business practices to screen tenants as prescribed in the Regulations made under the Ontario Human Rights Code. Typically, prospective tenants are asked to provide information related to employment, current and previous landlords, banking information and, most importantly, authorization for the landlord to conduct a credit check.

NOTE: A landlord cannot access a prospective tenant's confidential credit information unless s/he provides written consent.