Ontario Landlord and Tenant Law — RTA, LTB Applications, and Eviction Process

The Residential Tenancies Act 2006 — Framework

The Residential Tenancies Act SO 2006 c 17 (RTA) governs most residential tenancies in Ontario. It replaced the Tenant Protection Act 1997 and significantly strengthened tenant protections. The RTA applies to rental units defined under s.2(1) as any living accommodation used or intended for use as residential premises.

The RTA does not apply to: social housing governed by the Housing Services Act SO 2011 (s.7(1)(a)); accommodation owned by an educational institution for its students (s.7(1)(d)); living accommodation in which the occupant shares a bathroom or kitchen with the owner (s.5(i) — the "owner-occupied" exception); and certain other exempted categories.

The Landlord and Tenant Board (LTB) is the administrative tribunal with exclusive jurisdiction to resolve disputes between landlords and tenants under the RTA (s.168 — other courts have no jurisdiction over matters the LTB has jurisdiction to hear, except as otherwise provided).

Rent Regulation

Rent Control and the Guideline

Rent increases for tenancies entered into before November 15, 2018 are subject to the annual rent increase guideline set by the Ministry of Municipal Affairs and Housing under s.120 of the RTA. The guideline is based on the Ontario Consumer Price Index and is typically announced in August for the following calendar year.

Tenancies entered into on or after November 15, 2018 (new rental units first occupied for residential purposes after that date) are exempt from rent control under O. Reg. 516/06 s.6.2 as amended — the landlord may increase rent to market between tenancies without limit. Within an existing tenancy, proper notice is still required (N1 form — 90 days before the increase).

Above Guideline Increases (AGI)

Landlords may apply to the LTB for a rent increase above the annual guideline under s.126 of the RTA on three grounds:

Extraordinary increase in municipal taxes and charges — when the percentage increase in municipal taxes exceeds the guideline by more than 50%
Capital expenditures — qualifying work on the residential complex; the AGI is spread over a number of years and is subject to depreciation
Operating costs related to security services

Tenants must receive notice of the AGI application. The LTB may grant a phase-in over up to three years. Recent Ontario government Bill 23 (More Homes Built Faster Act) reforms have changed some AGI parameters for capital expenditures.

Termination of Tenancy — N-Series Notices

Landlords must serve the appropriate Notice of Termination (N-form) before applying to the LTB. The key N-forms are:

N4 — Non-payment of rent: 14-day notice requiring the tenant to pay arrears or vacate. The tenant may void the notice by paying the full amount outstanding before the termination date. If unpaid, the landlord files an L1 application.
N5 — Substantial interference, damage, or overcrowding: First N5 gives the tenant 20 days to correct the problem (void period). If the tenant corrects it, the notice is voided. A second N5 within 6 months requires no void period (non-voidable).
N6 — Illegal act: Termination for illegal act committed in the unit or complex. No void period.
N7 — Seriously impairs safety: Termination for act that seriously impairs safety of another person in the complex. 10-day notice. No void period.
N8 — Persistent late payment: Termination for consistently late payment of rent. 60-day notice. No void period.
N11 — Agreement to terminate: Mutual agreement between landlord and tenant to end the tenancy by a specified date.
N12 — Landlord's own use: 60-day notice (final day must be last day of rental period). Requires the landlord or qualifying family member to genuinely intend to occupy the unit for at least 12 months. Tenant entitled to 1 month's rent compensation or a comparable unit.
N13 — Demolition, conversion, or repair requiring vacancy: 120-day notice. Tenant entitled to 3 months' rent compensation or comparable unit offer.

LTB Applications

Landlord Applications

L1 — Application to evict for non-payment: Filed after N4 period expires with outstanding arrears; LTB may issue eviction order; tenant may void by paying at hearing
L2 — Application to end tenancy (all other grounds): Filed after the applicable N-form notice period; covers N5, N6, N7, N8, N12, N13
L3 — Application based on N11 agreement
L4 — Application based on N5 (second notice): Used when the second N5 has been served within 6 months of a first N5 that was voided
L9 — Application to collect rent arrears (no eviction): Where the landlord does not seek eviction but wants to collect outstanding arrears as a monetary order

Tenant Applications

T1 — Rent reduction: Where services or facilities have been reduced or discontinued; or rent has been unlawfully increased
T2 — Tenant rights: Interference with reasonable enjoyment or unlawful entry; harassment; illegally changing locks
T3 — Decrease in services: Where the landlord has decreased services without a corresponding rent reduction
T6 — Maintenance: Failure to maintain the unit or complex in a good state of repair; LTB may order rent abatement, repairs, or both

The Eviction Process

After a successful L1 or L2 application, the LTB issues an eviction order. If the tenant does not vacate voluntarily, the landlord must file the order with the Court Enforcement Office (Sheriff) to enforce. The Sheriff schedules the enforcement and the tenant is given notice. Landlords cannot change locks, remove doors, or shut off utilities to evict — doing so is an offence under the RTA and will result in the LTB ordering the tenant to be readmitted.

The LTB has discretion to postpone or refuse eviction ("section 83 relief") where it is satisfied that the circumstances warrant it — considering all circumstances, including whether the tenant has paid arrears or whether the tenant has children or other dependants.

Maintenance Obligations

Section 20 of the RTA requires a landlord to maintain a rental unit and the residential complex in a good state of repair and fit for habitation, complying with health, safety, housing, and maintenance standards. This obligation exists even if the tenant was aware of the state of non-repair before entering the tenancy agreement.

The LTB on a T6 application may order: rent abatement (past period of disrepair); repair work within a specified time; or other remedies. Abatement percentages depend on the nature and duration of the disrepair and its impact on the tenant's use and enjoyment.

Appeals and Judicial Review

LTB orders may be appealed to the Divisional Court on questions of law under s.210 of the RTA. Leave to appeal is required only for rent arrears orders under $5,000. For other orders (including eviction), the right of appeal is as of right on a question of law. The standard of review for questions of law is correctness.

Requests for review (RFR) of LTB orders may be made to the LTB itself under Rule 26 of the LTB Rules of Practice where a serious error occurred or a party was not reasonably able to participate in the proceeding. Reviews are distinct from appeals and are heard by a different LTB member.

The Residential Tenancy Act and Commercial Tenancies

The RTA does not apply to commercial tenancies. Commercial leases are governed by the Commercial Tenancies Act RSO 1990 c L.7. Key differences:

Distress (seizure of tenant's goods for unpaid rent) remains available for commercial landlords under Part II of the CTA — it has been abolished for residential
Commercial leases are freely negotiated and the court has no power to relieve from forfeiture except on equitable grounds
Commercial tenants must deal with their landlord under the Commercial Tenancies Actand general contract law — the extensive LTB rights framework does not apply