Residential Tenancies Act, 2006Advice for the Mobile and Seasonal RV Campers

Residential Tenancies Act, 2006

S.o. 2006, chapter 17

Consolidation Period: From March 8, 2016 to the e-Laws currency date.

Last amendment: 2016, c. 2, Sched. 6.

CONTENTS

PART I INTRODUCTION
1.	Purposes of Act
2.	Interpretation
3.	Application of Act
4.	Provisions conflicting with Act void
5.	Exemptions 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
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 Period or Term
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
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
56.	Security of tenure, severance, subdivision
57.	Former tenant’s application where notice given in bad faith
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
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
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
190.	Board may extend, shorten time
191.	How notice or document given
192.	How notice or document given to Board
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
225.	Inspector’s work order
226.	Review of work order
PART XV ADMINISTRATION AND ENFORCEMENT
227.	Duties of Minister
228.	Delegation
229.	Investigators and inspectors
230.	Inspections
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
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.

Section Amendments with date in force (d/m/y)

Interpretation

(1) In this Act,

“Board” means the Landlord and Tenant Board; (“Commission de la location immobilière”)

“care home” means a residential complex that is occupied or intended to be occupied by persons for the purpose of receiving care services, whether or not receiving the services is the primary purpose of the occupancy; (“maison de soins”)

“care services” means, subject to the regulations, health care services, rehabilitative or therapeutic services or services that provide assistance with the activities of daily living; (“services en matière de soins”)

“guideline”, when used with respect to the charging of rent, means the guideline determined under section 120; (“taux légal”)

“land lease community” means the land on which one or more occupied land lease homes are situate and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; (“zone résidentielle à baux fonciers”)

“land lease home” means a dwelling, other than a mobile home, that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling; (“maison à bail foncier”)

“landlord” includes,

(a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit,

(b) the heirs, assigns, personal representatives and successors in title of a person referred to in clause (a), and

(c) a person, other than a tenant occupying a rental unit in a residential complex, 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; (“locateur”)

“member unit” has the same meaning as in the Co-operative Corporations Act; (“logement réservé aux membres”)

“Minister” means the Minister of Municipal Affairs and Housing or such other member of the Executive Council to whom responsibility for the administration of this Act, or any Part or provision of this Act, may be assigned or transferred under the Executive Council Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“mobile home” means a dwelling that is designed to be made mobile and that is being used as a permanent residence; (“maison mobile”)

“mobile home park” means the land on which one or more occupied mobile homes are located and includes the rental units and the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord; (“parc de maisons mobiles”)

“municipal taxes and charges” means taxes charged to a landlord by a municipality and charges levied on a landlord by a municipality and includes taxes levied on a landlord’s property under Division B of Part IX of the Education Act and taxes levied on a landlord’s property in unorganized territory, but “municipal taxes and charges” does not include,

(a) charges for inspections done by a municipality on a residential complex related to an alleged breach of a health, safety, housing or maintenance standard,

(b) charges for emergency repairs carried out by a municipality on a residential complex,

(d) charges for work, services or non-emergency repairs performed by a municipality in relation to a landlord’s non-compliance with a by-law,

(e) penalties, interest, late payment fees or fines,

(f) any amount spent by a municipality under subsection 219 (1) or any administrative fee applied to that amount under subsection 219 (2), or

(g) any other prescribed charges; (“redevances et impôts municipaux”)

“non-profit housing co-operative” means a non-profit housing co-operative under the Co-operative Corporations Act, and “co-operative” has the same meaning; (“coopérative de logement sans but lucratif”, “coopérative”)

“person”, or any expression referring to a person, means an individual, sole proprietorship, partnership, limited partnership, trust or body corporate, or an individual in his or her capacity as a trustee, executor, administrator or other legal representative; (“personne”)

“prescribed” means prescribed by the regulations; (“prescrit”)

“regulations” means the regulations made under this Act; (“règlements”)

“rent” includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a tenant to a landlord or the landlord’s agent for the right to occupy a rental unit and for any services and facilities and any privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the rental unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but “rent” does not include,

(a) an amount paid by a tenant to a landlord to reimburse the landlord for property taxes paid by the landlord with respect to a mobile home or a land lease home owned by a tenant, or

(b) an amount that a landlord charges a tenant of a rental unit in a care home for care services or meals; (“loyer”)

“rental unit” means any living accommodation used or intended for use as rented residential premises, and “rental unit” includes,

(a) 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, and

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; (“logement locatif”)

“residential complex”, except in Part V.1, means,

(a) a building or related group of buildings in which one or more rental units are located,

(b) a mobile home park or land lease community,

(d) a care home, and,

includes all common areas and services and facilities available for the use of its residents; (“ensemble d’habitation”)

“residential unit” means any living accommodation used or intended for use as residential premises, and “residential unit” includes,

(a) a site for a mobile home or on which there is a land lease home used or intended for use as a residential premises, and

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; (“habitation”)

“Rules” means the rules of practice and procedure made by the Board under section 176 of this Act and section 25.1 of the Statutory Powers Procedure Act; (“règles”)

“services and facilities” includes,

(a) furniture, appliances and furnishings,

(b) parking and related facilities,

(d) elevator facilities,

(e) common recreational facilities,

(f) garbage facilities and related services,

(g) cleaning and maintenance services,

(h) storage facilities,

(i) intercom systems,

(j) cable television facilities,

(k) heating facilities and services,

(l) air-conditioning facilities,

(m) utilities and related services, and

(n) security services and facilities; (“services et installations”)

“spouse” means a person,

(a) to whom the person is married, or

(b) with whom the person is living in a conjugal relationship outside marriage, if the two persons,

(i) have cohabited for at least one year,

(ii) are together the parents of a child, or

(iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“subtenant” means the person to whom a tenant gives the right under section 97 to occupy a rental unit; (“sous-locataire”)

“superintendent’s premises” means a rental unit used by a person employed as a janitor, manager, security guard or superintendent and located in the residential complex with respect to which the person is so employed; (“logement de concierge”)

“tenancy agreement” means 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; (“convention de location”)

“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, but “tenant” does not include a person who has the right to occupy a rental unit by virtue of being,

(a) a co-owner of the residential complex in which the rental unit is located, or

(b) a shareholder of a corporation that owns the residential complex; (“locataire”)

“utilities” means heat, electricity and water; (“services d’utilité publique”)

“vital service” means hot or cold water, fuel, electricity, gas or, during the part of each year prescribed by the regulations, heat. (“service essentiel”) 2006, c. 17, s. 2 (1); 2013, c. 3, s. 21.

Interpretation, sublet

(2) For the purposes of this Act, a reference to subletting a rental unit refers to the situation in which,

(a) the tenant vacates the rental unit;

(b) the tenant gives one or more other persons the right to occupy the rental unit for a term ending on a specified date before the end of the tenant’s term or period; and

Rental unit, clarification

(4) A rented site for a mobile home or a land lease home is a rental unit for the purposes of this Act even if the mobile home or the land lease home on the site is owned by the tenant of the site. 2006, c. 17, s. 2 (4).

3. (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1).

(3) In interpreting a provision of this Act with regard to a mobile home park or a land lease community, if a provision in Part X conflicts with a provision in another Part of this Act, the provision in Part X applies. 2006, c. 17, s. 3 (3).

(4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 2006, c. 17, s. 3 (4).