Understanding the Residential Tenancies Act (RTA)

If you rent out a condo in Ontario, the Residential Tenancies Act, 2006 (RTA) is one of the main laws that governs your relationship with your tenant. It sets the rules around leases, rent, repairs, entry, notices, and dispute resolution. 

In most cases, if a lease term conflicts with the RTA, the law wins.

For condo owners, there is an added layer: you also need to follow your condominium corporation’s declaration, bylaws, and rules. 

Quick Summary

• The RTA applies to most condo rentals in Ontario.
• Ontario’s standard lease is required for most residential tenancies signed on or after April 30, 2018.
• Landlords are responsible for repairs, maintenance, and protecting vital services.
• Landlords can only enter a rental unit in specific situations, usually with 24 hours’ written notice.
• Tenants also have responsibilities, including cleanliness and paying for damage they or their guests cause.
• Disputes are handled through the Landlord and Tenant Board (LTB).

What the RTA Covers

In general, the RTA applies to most residential rental units in Ontario, including:

• condominiums
• apartments
• houses
• basement units and other self-contained rentals

One common exception is when the tenant shares a kitchen or bathroom with the landlord or a member of the landlord’s immediate family. In those cases, the RTA may not apply.

It is also important to remember that a lease cannot contract out of the law. If a lease clause conflicts with the RTA, that clause is generally void.

Lease Rules Condo Landlords Should Know

For most residential tenancies that began on or after April 30, 2018, landlords must use Ontario’s standard lease. Landlords must also provide the tenant with a copy of the signed lease within 21 days. 

Additional terms can be added, but only if they comply with the RTA.

Lease basics at a glance

Landlord Responsibilities Under the Residential Tenancies Act

Ontario landlords have clear legal duties. For condo owners, these duties apply even if the unit is in a building with its own board and rules.

Core responsibilities

• Keep the unit in a good state of repair, even if the tenant knew about a problem before moving in.
• Meet health, safety, housing, and maintenance standards.
• Do not withhold or interfere with vital services such as heat, water, or electricity.
• Do not substantially interfere with a tenant’s reasonable enjoyment of the unit or building.
• Do not harass, threaten, coerce, or obstruct a tenant.
• Follow the legal rules for entry.
• Do not change locks during a tenancy without giving the tenant replacement keys.

Tenant Responsibilities

The RTA also places obligations on tenants.

• Keep the unit reasonably clean.
• Repair or pay for undue damage caused by themselves or their guests.
• Do not change locks without the landlord’s consent and without giving the landlord a key where required.
• Do not interfere with the landlord’s lawful rights or with others in the building.

Ontario Landlord Rights

Beyond imposing limits, the RTA also gives landlords specific rights.

Landlords may:

• Collect rent based on the lease terms.
• Increase rent only when legally permitted and with the required notice. In most cases, at least 12 months must have passed since the last increase or the start of the tenancy, and the tenant must get at least 90 days’ written notice using the correct form.
• Enter the unit for lawful reasons such as repairs, inspections, or showings, as long as the legal notice rules are followed.
• Serve official notices for issues such as non-payment of rent, damage, substantial interference, purchaser’s own use, demolition, or extensive repairs or renovations, depending on the circumstances.

What Landlords Cannot Do

This is where many owners get into trouble. A landlord cannot:

• Enter without proper notice, except where the law allows it
• Evict a tenant without following the formal LTB process
• Shut off heat, water, electricity, or other vital services
• Change locks without providing replacement keys
• Demand illegal deposits, such as damage deposits
• Refuse repairs to pressure a tenant to move out

In Ontario, the only routine deposit generally allowed is a last month’s rent deposit, plus a refundable key deposit in some cases.

Entry Rules at a Glance

One of the most common questions landlords have is when they can enter the unit.

For most non-emergency entries, the written notice must include the reason for entry and the time window.

Special Considerations for Condo Landlords

Condo landlords have to manage two systems at once:

• The RTA
• The condo corporation’s declaration, bylaws, and rules

That means:

• Tenants may still need to follow building rules on things like pets, noise, smoking, parking, move-ins, and amenity use.
• Landlords need to communicate those rules clearly as part of the tenancy.
• Condo rules do not override the RTA. A building policy cannot cancel a tenant right that is protected by law.
• If there is a problem involving a tenant and condo rules, the landlord usually needs to handle it through the proper landlord-tenant process instead of informal pressure or shortcuts.

If There Is a Dispute

Landlord-tenant disputes in Ontario are generally handled by the Landlord and Tenant Board (LTB). The LTB deals with applications, hearings, mediation, and orders under the RTA. Tenants and landlords can both bring certain claims, depending on the issue.

Depending on the situation, a tenant may seek remedies such as:

• rent abatement
• compensation
• an order for repairs
• other relief available under the RTA