Useful Info About Landlords and Tenants (valid as of April 26 2003)
Toronto Tenants Association FAQ
Thanks to the Toronto Tenants Association for the following -- but check with them for current versions (I have not as of April 26, 2003)
F.A.Q.
Please note that the following is very general information only. To get more specific information based on the facts of your particular issue, call our Hotline at (416) 921-9494 or Email us.
My landlord says I can't use an air conditioner unless I pay an extra charge. Is this legal?
The Tenant Protection Act allows landlords and tenants to agree to a rent increase for certain special services, including the provision of an air conditioner and extra hydro for an air conditioner. Landlords often ask tenants to pay an extra charge for the months when air conditioners are in use—often $50. This is an illegal charge—not a rent increase--and you can simply refuse to pay it.
If you have your own air conditioner, and have used it in previous years, your landlord can not ask you to pay a rent increase for the hydro. Any extra hydro used by your air conditioner is something that you are already paying for in your rent.
If you have bought a new air conditioner, your landlord cannot raise your rent unless you agree to the increase. If you do not agree, and simply install your air conditioner, there is little your landlord can do about it. If the landlords’ hydro bills do go up substantially, they are able to apply for a rent increase to recoup the cost. The situation is different if you have a clause in your lease that says you need permission from your landlord in order to install an air conditioner. Such a clause means you will not be able to install an air conditioner unless your landlord agrees to it.
It is also possible to make an arrangement with your landlord to have your rent raised in exchange for the provision of an air conditioner. The rent increase can be no more than 4%. Once you start paying this increase your rent will not go down, even after you have covered the cost of the air conditioner. If you are planning to stay in your current apartment for more than one year, chances are that it would cheaper to buy your own. If you do decide to agree to the rent increase, it is best to use the form from the Ontario Rental Housing Tribunal. There is a five-day cooling off period during which you can cancel the agreement. After that, you cannot cancel the agreement and have your rent reduced unless your landlord agrees.
Can I break my lease by giving 60 days notice?
If you want to break your lease, you must either make an agreement with the landlord to terminate your tenancy (get a copy in writing), apply to the Ontario Rental Housing Tribunal (ORHT) at 416- 645-8080, or ask permission from you landlord to assign your apartment. You cannot simply give sixty (60) days notice and move out.
I am a monthly tenant. Because I don't have a lease, is it all right if I only give one month's notice?
The Tenant Protection Act (TPA) says you must give your landlord sixty(60) days notice that you are moving out. This notice must be effective at the end of a tenancy period. This means if you pay rent on the first, you must give notice on the first. You cannot decide to leave part way through a month.
My lease is going to run out soon, and my landlord never gave me a renewal. Does this mean I have to start looking for a new place?
If you have not received a valid Notice to Terminate a Tenancy from your landlord, and you have not given notice that you are leaving, your tenancy agreement continues, even if you do not renew your lease. You automatically become a monthly tenant, with all the same terms and conditions of your lease, except for the fixed time period.
I've heard the landlord owes me 6% interest on my last month's rent deposit. Is this true? How can I make sure I receive it?
Your landlord owes you 6% interest on your last months rent deposit once a year. Usually the interest is given to you on your anniversary date (the month when your rent goes up). Some landlords give interest on January 1st, or some other date. Section 118 (6) of the Tenant Protection Act says that if you have not received your interest for the current year, you have the right to deduct it from your next rent payment. The Tenant Survival Manual has a sample letter you can use to inform your landlord.
I think I am paying too much for my apartment. Isn’t there a cap on how much my landlord can charge?
Depending on when you moved in, there might not be. If you moved in after June 17, 1998, there is no limit to what your landlord could have charged you. Once you move in, the rent you pay is called your Lawful Rent, and any future rent increases are based on this. If you moved in before this date, there is a Maximum Legal rent for your apartment. You can call the Housing Tribunal to find out what this is.
Is the landlord allowed to raise my rent by more than the guideline amount?
There actually are some situations in which your landlord can increase your rent by more than the guideline. Your landlord can apply to the Housing Tribunal for a rent increase above the guidline (AGI) because of an increase in operating costs (eg: an increases in their utility bills or property taxes), or to cover major capital expenditures. This increase does not take effect until after the Tribunal has approved it, and tenants have a chance to appear at the hearing and dispute the landlord’s application. If your landlord has applied for an AGI, contact the Outreach and Organizing Team at (416) 413-9442. Also, if you lived in your apartment prior to June 17, 1998, you may being paying less than your Maximum Legal rent. If this is the case, your landlord can increase your rent to this amount. You can call the Housing Tribunal to find out what the Maximum Legal rent for your apartment is.
My landlord ignores my requests for repairs and my place is a dump. Can I can just withhold my rent until I get some results?
If you withhold your rent, you are likely just going to receive an eviction notice for unpaid rent, and never get the repairs done. It is better to be proactive. Make a note of the repair needed and write a letter (dated) to the landlord, janitor, or property manager. Keep a copy of the letter. If no action is taken then call the City of Toronto's property standards and make an appointment with a building inspector, gather any evidence you can (pictures with a date on them are great), and apply to the Housing Tribunal. This way you can get the repairs done, may get a partial reduction in rent, and won’t get an eviction notice.
I agreed to take my apartment "as is", but I never realized just how bad it was! Does that mean I have to swallow the cost of repairs, or does the landlord still have to fix up the place?
Even if you are aware that an apartment is in need of repairs when you agree to rent it, your landlord is still responsible for taking care of the repairs and maintenance. The TPA, subsection 24 (1) says the landlord is responsible for "maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards". If you have spent a lot of money doing repairs you can apply to the tribunal for compensation.
I signed a lease that said no pets, however I own a dog. Can my landlord ask me to leave?
Under the TPA, even if you sign a lease that states no pets are allowed, you can still have a pet. Sections 15 and 16 of the TPA specifically void a no pets clause in a lease. You can only be evicted for having a pet if your pet is disturbing other tenants or the landlord, or is considered dangerous.
If I have a bad landlord, can I call and report them somewhere?
There is no licensing or registry of landlords, and no centralized system of recording landlords who violate the law. The Parkdale Tenants' Association does maintain a "Bad Landlord Hotline" which services anywhere in the Metro Toronto region - you can call (416) 760-2149 and add your landlord to the list they are compiling, and get other general information.
However, if you are having trouble with your landlord, you will more than likely have to apply to the Housing Tribunal to enforce your rights. If you are being harassed by your landlord, you can report them to the Ministry of Municpal Affairs and Housing's Investigations Unit (416) 585-7214.
If I stand up for my rights, or start a Tenants’Association, will my landlord evict me?
Your landlord needs a valid reason in order to evict you, and you cannot be evicted without an order from the Housing Tribunal. You have the right to dispute any of your landlord’s claims against you. The TPA also says that a landlord cannot evict a tenant for attempting to secure their legal rights or for trying to form a tenants’ association. Remember that there is strength in numbers, and your landlord is less likely to retaliate against a group. Contact the FMTA's Tenant Hotline to get help and information about starting and running a Tenants' Association.
If you have another question of interest to yourself and other tenants and would like to see it answered on this page, please Email us at hotline@torontotenants.org.
