安省租务法 Residential Tenancies Act, 2006, S.O. 2006, c. 17

Residential Tenancies Act, 2006

S.O. 2006, CHAPTER 17

Consolidation Period:  From September 1, 2017 to the e-Laws currency date.

Last amendment: 2017, c. 14, Sched. 4, s. 33.

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 6. Other exemptions 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 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, tenant or child deemed to have experienced violence or another form of abuse 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 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, 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 72. Landlord or purchaser personally requires premises 73. Demolition, conversion, repairs 73.1 Compensation under s. 48.1, 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 in application for non-payment of rent 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 89. Compensation for damage 90. Compensation, misrepresentation of income 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 130. Reduction in services 131. Municipal taxes 132. Application for variation 133. Application, reduction in municipal taxes Illegal Additional Charges 134. Additional charges prohibited Money Collected Illegally 135. Money collected illegally 136. Rent deemed lawful PART VIII
SUITE METERS AND APPORTIONMENT OF UTILITY COSTS 137. Suite meters 138. Apportionment of utility costs PART IX
CARE HOMES Responsibilities of Landlords and Tenants 139. Agreement required 140. Information to tenant 141. Tenancy agreement: consultation, cancellation 142. Entry to check condition of tenant 143. Assignment, subletting in care homes 144. Notice of termination 145. Termination, care homes 146. Notice of termination, demolition, conversion or repairs 147. External care providers Transferring Tenancy 148. Transferring tenancy Rules Related to Rent and Other Charges 149. Rent in care home 150. Notice of increased charges 151. Certain charges permitted PART X
MOBILE HOME PARKS AND LAND LEASE COMMUNITIES General 152. Application 153. Interpretation Responsibilities of Landlords and Tenants 154. Park rules 155. Information about property assessment 156. Tenant’s right to sell, etc. 157. Landlord’s right of first refusal 158. Advertising a sale 159. Assignment 160. Restraint of trade prohibited 161. Responsibility of landlord Termination of Tenancies 162. Mobile home abandoned 163. Death of mobile home owner 164. Termination under s. 50 Rules Related to Rent and Other Charges 165. Assignment of existing tenancy agreement 166. Entrance and exit fees limited 167. Increased capital expenditures PART XI
THE LANDLORD AND TENANT BOARD 168. Board 169. Composition 170. Chair and vice-chair 171. Quorum 172. Conflict of interest 173. Expiry of term 174. Power to determine law and fact 175. Members, mediators not compellable 176. Rules and Guidelines Committee 177. Information on rights and obligations 178. Employees 179. Professional assistance 180. Reports 181. Board may set, charge fees 181.1 Fee waiver or deferral for low-income individuals 182. Fee refunded, review 182.1 Money appropriated by Legislature 182.2 Status of money paid to Board 182.3 Delegation of powers PART XII
BOARD PROCEEDINGS 182.4 Definitions 183. Expeditious procedures 184. SPPA applies 185. Form of application 186. Combining applications 187. Parties 188. Notice by Board 189. Notice from applicant 189.1 Application under s. 226 190. Board may extend, shorten time 191. How notice or document given 192. How notice or document given to Board 192.1 Alternatives to affidavits 193. Time 194. Board may mediate 195. Money paid to Board 196. Board may refuse to proceed if money owing 197. Where Board may dismiss 198. Joinder and severance of applications 199. Application severed 200. Amendment and withdrawal of applications 201. Other powers of Board 202. Findings of Board 203. Determinations related to housing assistance 203.1 Determinations related to non-profit housing co-operative housing charges 204. Conditions in order 205. Order payment 206. Agreement to settle matter 206.1 Hearing officers 207. Monetary jurisdiction; deduction of rent; interest 208. Notice of decision 209. Order final, binding 210. Appeal rights 211. Board may appeal Court decision 212. Substantial compliance sufficient 213. Electronic documents 214. Contingency fees, limitation MUNICIPAL VITAL SERVICES BY-LAWS 215. Definition 216. By-laws respecting vital services 217. Notice by supplier 218. Inspection 219. Services by municipality 220. Appeal 221. Payments transferred 222. Use of money 223. Immunity PART XIV
MAINTENANCE STANDARDS 224. Prescribed standards and complaints 224. Application of prescribed standards 224.1 Local municipality to receive complaints 225. Inspector’s work order 226. Review of work order 226.1 Inspectors 226.2 Duties of local municipality 226.3 Protection from personal liability 226.4 Transition, complaints received before commencement date PART XV
ADMINISTRATION AND ENFORCEMENT 227. Duties of Minister 227. Duties of Minister 228. Delegation 229. Investigators and inspectors 229. Investigators 230. Inspections 230. Inspections by municipal inspectors 231. Warrant 232. Protection from personal liability PART XVI
OFFENCES 233. Offences requiring knowledge 234. Other offences 235. Harassment, interference with reasonable enjoyment 236. Attempts 237. Directors and officers 238. Penalties 239. Limitation 240. Evidence PART XVII
REGULATIONS 241. Regulations 241.1 Regulations made by Minister 241.2 Transition regulations, Rental Fairness Act, 2017 PART XVIII
TRANSITION 242. Applications made under Tenant Protection Act, 1997 243. Proceedings before other bodies under earlier legislation 244. Orders, etc., under former Act 245. Information from former Rent Registry 246. Use of certain forms

 

PART I
INTRODUCTION

Purposes of Act

The purposes of this Act are to provide protection for residential tenants from unlawful rent increases and unlawful evictions, to establish a framework for the regulation of residential rents, to balance the rights and responsibilities of residential landlords and tenants and to provide for the adjudication of disputes and for other processes to informally resolve disputes.  2006, c. 17, s. 1.

Exception, Part V.1

(2) Subsection (1) does not apply to Part V.1.  The purpose of Part V.1 is to provide protection to members of non-profit housing co-operatives from unlawful evictions under this Act and to allow non-profit housing co-operatives and their members access to the framework established under this Act for the adjudication of disputes related to the termination of occupancy in a member unit of a non-profit housing co-operative.  2013, c. 3, s. 20.

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