Residential Tenancies Act, 2006

Your rights under the Ontario RTA

The Residential Tenancies Act, 2006 governs almost every residential tenancy in Ontario. Many of its protections are mandatory — a landlord cannot contract out of them, and any lease clause that tries to is void and unenforceable.

The RTA overrides the lease. If your lease says one thing and the RTA says another, the RTA wins. You cannot sign away rights that the Act grants you — even if you agreed to at the time of signing.

Key sections LeaseGuard checks

RTA s. 20Maintenance obligation

The landlord must maintain the rental unit and the residential complex in a good state of repair and fit for habitation. This obligation exists regardless of what the lease says — a clause shifting all repairs to the tenant is void.

Void if lease says: Clauses requiring tenants to pay for all repairs or waive the landlord’s maintenance duty.

RTA s. 27Landlord’s right of entry

A landlord may enter a rental unit only in specific circumstances and must give written notice at least 24 hours before entering — stating the reason and a time between 8 am and 8 pm. Emergency entry is permitted without notice.

Void if lease says: Clauses granting landlord unrestricted entry, entry without notice, or entry at any hour.

RTA s. 97Subletting & assignment

A tenant may assign or sublet the unit with the landlord’s consent. The landlord cannot arbitrarily or unreasonably withhold consent. If consent is refused without a valid reason, the tenant may apply to the LTB.

Void if lease says: Absolute prohibitions on subletting or assignment — these cannot override the RTA.

RTA s. 105–106Rent deposits

The only deposit a landlord may collect is a last month’s rent (LMR) deposit. Security deposits, key deposits above key replacement cost, and pet deposits are prohibited. The LMR must be applied to the last rental period.

Void if lease says: Any clause requiring a security deposit, damage deposit, or pet deposit beyond the LMR.

RTA s. 116Rent increases

A landlord must give at least 90 days’ written notice before a rent increase. Increases may occur no more than once every 12 months. The increase must not exceed the provincial rent increase guideline (unless an LTB order permits otherwise).

Void if lease says: Clauses allowing rent increases on less than 90 days notice or more frequently than annually.

RTA s. 82No pets clauses

A provision in a tenancy agreement that prohibits or restricts the presence of animals in or about the residential complex is void. Landlords cannot evict a tenant solely for having a pet, though damage caused by pets is the tenant’s responsibility.

Void if lease says: Any no-pet clause — these are void under s. 82 of the RTA regardless of what the lease states.