Tenant Rights Terms That May Be Illegal in Ontario

For tenants in Ontario, understanding your rights is crucial to protecting your housing situation. Under the Residential Tenancies Act, 2006¹, certain terms in a lease or rental agreement may be deemed illegal, and landlords cannot enforce them. This article explores some common tenant rights terms in agreements that might violate provincial laws.

Understanding Potentially Illegal Terms

It’s essential to be aware of clauses or demands in rental agreements that could infringe on your legal rights. These include:

• Security Deposits: Landlords in Ontario can only ask for a last month's rent deposit, and not a security deposit. If you are dealing with a deposit issue, check out Understanding Rental Deposits: What Tenants Need to Know.
In Ontario, a security deposit (separate from last month's rent) is not allowed. Keep copies of any deposit-related receipts, review your lease, and if you’re charged more than a last month’s rent, seek guidance from the LTB or a tenant clinic.
• Maintenance Responsibilities: Any clause that stipulates the tenant is responsible for all repairs or maintenance is unlawful as landlords are required to maintain the property.
Landlords must maintain the property and perform necessary repairs. If a clause tries to shift all maintenance to you, ask for a written amendment and keep timelines and notices; if the landlord refuses, contact the LTB or a tenant clinic for guidance.
• Unilateral Rent Increases: An agreement cannot allow a landlord to increase rent above the provincial guideline without following the proper legal procedures. Refer to the Understanding Rent Increases: What Tenants Need to Know for more details.
Rent increases above the provincial guideline require proper notice and procedures. If you receive an unlawful increase, challenge it with the LTB and keep a copy of the notice and the proposed amount; consult a tenant advocacy group for help filing a request.

It is also worth noting that in any situation where a landlord attempts to include an illegal term, tenants may refuse to comply without risking their tenancy.

The Role of the Landlord and Tenant Board

The Landlord and Tenant Board (LTB) in Ontario oversees rental disputes and can address illegal clauses in tenancy agreements. Tenants can apply to the LTB using official forms like the Tenant Application About Maintenance (Form T6), which can be accessed directly from the LTB’s official site.

Taking Action: Filing a Complaint

If you're encountering an issue with illegal terms in your rental agreement, consider these steps:

• Document every correspondence with your landlord.
• File a complaint with the LTB if the issue persists.
• Seek advice from tenant advocacy groups or legal clinics for guidance on your situation.

Always ensure that you fully understand the obligations of both landlords and tenants. Dive deeper by reviewing Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Need Help? Resources for Tenants

For additional information or assistance, here are some resources you can use:

• Landlord and Tenant Board - Help with rental disputes in Ontario.
• Tenant Rights in Ontario - Learn more about your rights.
• Find rental homes across Canada on Houseme.

1. What should I do if I find an illegal term in my lease agreement? If you discover an illegal term in your lease, address it with your landlord first. If unresolved, seek assistance from the LTB or a tenant advice service.
2. Can my landlord evict me for refusing an illegal clause? No, you cannot be legally evicted for not adhering to an illegal term. Eviction requires a valid legal reason.
3. How can I verify if a lease term is illegal in Ontario? Review the Residential Tenancies Act, 2006 or consult with a legal professional.