Residential Tenancies Act - Overview of Common Issues Between the Landlord and Tenants

The Residential Tenancies Act, 2006 [1] (RTA) along with O. Reg. 517/06 (Maintenance Standards) [2] and O. Reg. 516/06 (General)[3]under the Residential Tenancies Act, 2006, came into effect on January 31, 2007, in Ontario. This Act is applicable to all landlords and tenants who rent residential properties in Ontario. It sets out their rights and responsibilities. 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.[4].

The RTA has been amended many times since it came into force with the most recent changes in 2025. The Province of Ontario passed Bill 60, the Fighting Delays, Building Faster Act, 2025, on November 24, 2025, that received Royal Assent on November 27, 2025. The passage of Bill 60 introduced significant amendments to the RTA, specially aiming to speed up proceedings at the Landlord and Tenant Board (LTB), reduce backlogs, and streamline the eviction process for landlords. The RTA is one of the major legislations consisting of 18 parts and 246 sections. It is too extensive to discuss here. This article will focus on the common grounds of dispute between the landlord and the tenant and the eviction process under the legislation.

Important terms defined under RTA: Section 2(1) of the Act defines “landlord”, “tenant” “rental unit” and “tenancy agreement”. Under the Act “landlord” includes, the owner of a rental unit, the heirs, assigns, personal representatives and successors in title of the owner of a rental unit and a person, who is entitled to possession of the residential complex and who attempts to enforce any of the rights of a landlord under a tenancy agreement or this Act, including the right to collect rent. Under the Act, “tenant” includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives. A “rental unit” means any living accommodation used or intended for use as rented residential premises, .“Rental unit” includes, a site for a mobile home or site on which there is a land lease home used or intended for use as rented residential premises, a room in a boarding house, rooming house or lodging house and a unit in a care home.

A tenancy agreement stipulates the relationship between a landlord and a tenant. The RTA and its regulations prescribe a standard form of lease that must be used for certain tenancy agreements. “Tenancy agreement” is a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit. This applies to rental units, such as single-family units, homes, condominium units, townhome units and apartment units. Although the use of tenancy agreement as a standard form of lease is mandatory, it does not apply to units of non-profit housing corporations or housing types [5], mobile homes/ land lease communities and care homes. It also does not apply to tenancy agreements that are renewed or deemed to be renewed [6]. “Board” means the Landlord and Tenant Board (LTB) undner the RTA.

Key aspects of the RTA: For the purposes of this article, the keys aspects of the RTA are:

Rules relating to Rent, Rent deposits and Rent increase:
1. Rent and rent deposits: There are some general rules relating to the rent that are prescribed under the RTA.[7]. A landlord may require a tenant to pay a rent deposit with respect to the tenancy before entering into a tenancy agreement. [section 106(1)]. The amount of a rent deposit shall be equal to the amount of rent for one month [section 106(2)]. When the landlord collects the rent deposit, interest must be paid annually to the tenant according to the guideline percentage determined under section 120 of the RTA. [section 106(6)]. The rent deposit is the only security deposit that a landlord can collect from a tenant under the RTA. [section 105]. The rent deposit can only be used towards the last month’e rent. A landlord must provide a tenant or former tenant, on request, a receipt for the payment of any rent, rent deposit, arrears of rent or any other amount paid to the landlord [section 109(1)]. The rent receipt must be given by the landlord free of charge to the tenant.
2. Rent increase: The landlord may increase the rent charged to a tenant for a rental unit by giving the tenant at least 90 days written notice of the landlord’s intention to increase the rent. The contents of the notice shall be in a form approved by the Board and shall set out the landlord’s intention to increase the rent and the amount of the new rent. Any increase in rent without this 90-day notice is void [section 116]. The landlord must follow the rent increase guidelines under the RTA. The rent increase guidelines are set by the Ontario Government based on the Consumer Price Index. If the landlord intends to increase the rent above the set guidelines, then the landlord must apply to the LTB for its approval. The landlord under section 126 of the RTA must make an application to the LTB for the above guideline increase if:
  1. An extraordinary increase in the cost for municipal taxes and charges for the residential complex or any building in which the rental units are located.
  2. Eligible capital expenditures are incurred respecting the residential complex or one or more of the rental units in it.
  3. Operating costs related to security services provided in respect of the residential complex or any building in which the rental units are locatedby persons not employed by the landlord.

Maintenance and Repairs:
1. By Landlord: A landlord is responsible for the physical state of the property, various facilities, services, providing and maintaining a rental unit. A landlord must maintain a rental unit in a good state of repair and fit for habitation, complying with health, safety, housing and maintenance standards.[section 20(1)].This applies even if the tenant was aware of a state of non-repair or a contravention of a standard before entering into the tenancy agreement [section 20(2)].During the occupancy of the rental unit by the tenant:
  1. Landlord shall not interfere with reasonable enjoyment (Section 22)
  2. harass, obstruct, coerce, threaten or interfere with a tenant. (Section 23)
  3. alter the locking system on a door giving entry to a rental unit. (Section 24)
2. By Tenant: The tenant is responsible for:
  1. ordinary cleanliness of the rental unit, except to the extent that the tenancy agreement requires the landlord to clean it. (Section 3)
  2. repair damage to the rental unit or residential complex caused by the willful or negligent conduct of the tenant, another occupant of the rental unit or a person permitted in the residential complex by the tenant. (Section 34)
  3. Will not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant’s occupancy of the rental unit without the consent of the landlord. (Section 35)

Right to terminate the tenancy:

The legal process of evicting a tenant starts with completing and filing an application with the LTB. The service of a notice of termination is the first and essential step in this process. The landlord must use the correct form and complete it correctly with sufficient details and must be signed by the landlord or its agent. A defective notice will make the notice void and result in dismissal of the application. Both the landlord and the tenant have rights to terminate the tenancy in accordance with the provisions of the RTA. An attempt is made below to mention the grounds of termination along with the notice period, the appropriate notice form (Form N), and application form (Form L) to be used.[8]

1. Landlord right to terminate the tenancy: A landlord can terminate the tenancy on the following most common grounds:
  1. Non-payment of rent under section 59, RTA: 7-day notice period for daily and weekly tenancies and 14 days for all other tenancies: form N4, L1
  2. Late payment of rent: 28 days notice period for daily and weekly tenancies and 60 days for all other tenancies: form N8, L2
  3. Misrepresentation of income under Section 60, RTA: 20 days notice period: form N6, L2
  4. Illegal Activity under section 61, RTA: 10 days notice period: form N6, L2
  5. Damage to the unit under Section 62,63, RTA: 20 days notice period: form N5, L2
  6. Interference with reasonable enjoyment under Section 64,65, RTA:10 days of notice period: form N5, L2
  7. Tenant impairs safety of any person under section 66, RTA: 10 days of notice period: form N7, L2
  8. Overcrowding under Section 67, RTA: 20 day notice period: form N5, L2
  9. Demolition, conversion and repairs under Section 73, RTA: 120 days notice period: form N13, L2
  10. Personal use by the landlord or sale of property under section 48, 49, RTA: 60 days notice period: form N12, L2
  11. Agreement to terminate where both landlord and tenant agree: no notice period: Form N11, L3
2. Tenant right to terminate the tenancy: Tenants also have a right terminate their tenancy. A tenant can give their landlord notice if:
  1. Tenant wants to move out: no notice period: form N9, L3
  2. Agreement to terminate where both landlord and tenant agree: no notice period: form N11, L3
  3. Tenant asserts violence or abuse under sections 47.1-47.3, RTA: 25 days notice period: form N15/ L3

Some applications to LTB do not require the service of a notice before the commencement of the application process. Applications for rent reduction (sections 128-133), termination based on abandonment (section 79), breach of mediation agreement (section 78), termination based on agreement (section 79), rent arrears only (section 87(2)), and damages only (section 89) are filed without prior service on the tenant.

Eviction Process: Eviction process can be very stressful and complex. As mentioned above, eviction process starts with the service of notice of termination to the tenant. There has to be a legal reason and proof of the legal reason to evict a tenant. Using the correct form is essential. Once the service is complete, the landlord can move an application to the LTB. A hearing process will follow under the RTA resulting in a decision (called an order under section 209(1)) by the LTB adjudicator. The adjudicator will decide whether the tenant should be evicted or not. This order is final and binding. The Board will send a copy of its order, including the reasons if any have been given, to each party who participated in the proceeding, or the person who represented the party. (section 208).

Having the order is not sufficient. The tenant must move out of the rental unit after the termination of tenancy and eviction order is passed. If the tenant does not move out, then the eviction order will be enforced by the Court Enforcement Office (Sheriff’s Office) of the Superior Court of Justice. The LTB does not enforce an eviction order.

Landlord and Tenant Board (LTB): The Landlord Tenant Board is a quasi-judicial tribunal that resolves disputes between the landlords and tenants under the RTA. LTB is one of the thirteen adjudicative tribunals that forms part of the Tribunal Ontario. The LTB derives its powers and obligations from sections 168-182 of Part XI of the RTA. Either landlord or tenant, whosoever is an aggreived party can apply to the LTB. The Board has exclusive jurisdiction to determine all applications under this Act and with respect to all matters in which jurisdiction is conferred on it by this Act [section 168(2)].The Board has been given vast powers that have authority to hear and determine all questions of law and fact with respect to all matters within its jurisdiction under this Act[section174]. The Statutory Powers Procedure Act applies with respect to all proceedings before the Board [(section 184 (1).

The disputes under the LTB are resolved either by mediation or by adjudication:

i. Mediation and other dispute resolution process: The Board may attempt to settle through mediation or another dispute resolution process any matter that is the subject of an application or agreed upon by the parties [section 194 (1)] If some or all of the issues with respect to an application are settled under this section, the Board shall dispose of the application in accordance with the Rules [section 194(4)]. However, if no settlement is reached between the parties, the Board shall hold a hearing. [Section 194(5)].

ii. Adjudication: a hearing is held where LTB Member makes a decision and passes an order based on evidence presented by each party. An application shall be filed with the Board on the form approved by the Board, shall be accompanied by the prescribed information and shall be signed by the applicant. [section 185(1)] The RTA also allows for a tenant or a landlord to file a combination of the applications into one application. [section 186(2)]. LTB has prescribed forms for every kind of application under the RTA.

Filing an application with LTB requires strict adherence to the legal procedures, proper notice periods, and the use of correct and up-to-date LTB forms. These forms are available at the LTB website.

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[1] Residential Tenancies Act, 2006, S.O. 2006, c. 17

[2] O. Reg. 517/06: MAINTENANCE STANDARDS, Under:Residential Tenancies Act, 2006, S.O. 2006, c. 17

[3]O. Reg. 516/06: GENERAL Under:Residential Tenancies Act, 2006, S.O. 2006, c. 17

[4] Section 1, supra note 1

[5] Sections 6-8, supra note 1

[6] Section 38, supra note 1

[7] Part VII, supra note 1

[8] https://tribunalsontario.ca/documents/ltb/Brochures/HowaLandlordCanEndTenancy(EN).html#t2

[9] Statutory Powers Procedure Act, R.S.O. 1990, c. S.22

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