The law your lease answers to.
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
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.
A landlord may enter a rental unit only for the reasons the Act lists. Most entries — repairs, inspections, showing the unit to a buyer — need written notice at least 24 hours ahead, stating the reason, the day, and a time between 8 am and 8 pm. Entry without notice is limited to emergencies, entry the tenant agrees to at the door, cleaning the lease requires, and showings once the tenancy is ending.
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.
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.
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).
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.