Rights of the Tenants under Residential Tenancies Act

In Ontario, tenants have several rights under the Residential Tenancies Act (RTA). Here’s a breakdown of key rights, relevant sections, and options for addressing violations:

Tenants' Rights and Relevant Sections

1. Right to a Habitable Home:

   • Section 20: Landlords must maintain the rental unit in a state of good repair and fit for habitation.

2. Right to Privacy:

   • Section 26: Landlords must provide 24 hours' written notice before entering a tenant’s unit, except in emergencies.

3. Security Deposits:

   • Section 106: Landlords can only require a rent deposit (typically the last month’s rent) and must return it within a specified timeframe.

4. Right to Repairs:

   • Section 20: Tenants have the right to request repairs and maintenance, which landlords must address in a timely manner.

5. Rent Control:

   • Section 120: Limits on how much rent can be increased are set, and landlords must provide written notice of any increases.

Options and Processes if Rights Are Violated

If a tenant's rights are violated, they have several options:

1. Talk to the Landlord:

   • Often, issues can be resolved through direct communication. Tenants should document their conversations and keep a record of any correspondence.

2. File a Complaint:

   • If the issue isn’t resolved, tenants can file a complaint with the Landlord and Tenant Board (LTB). This is the body that adjudicates disputes between landlords and tenants.

3. Application to the LTB:

   • Tenants can submit an application for:

     • Tenant Rights Violations: If the landlord fails to provide a habitable home or does not comply with repair requests.

     • Eviction Matters: If facing eviction without proper grounds.

     • Discrimination: For claims related to discriminatory practices.

   • The application must include relevant details and any evidence, such as photos, written communication, or witness statements.

4. Mediation:

   • The LTB may offer mediation services to help tenants and landlords reach a resolution without a formal hearing.

5. Hearing:

   • If mediation fails or is not appropriate, a hearing will be scheduled. Both parties can present evidence and arguments. The LTB will then issue a decision.

6. Appeal Process:

   • If either party disagrees with the LTB’s decision, they may have the option to appeal to the Divisional Court, but this typically requires a legal basis for the appeal.

7. Legal Aid:

   • Tenants may be eligible for legal aid services if they cannot afford legal representation.

Resources

• Ontario Landlord and Tenant Board: Provides resources, forms, and information on the application process.

• Community Legal Clinics: Offer advice and representation for tenants facing legal issues.

It’s essential for tenants to keep detailed records of any issues and communication with their landlords, as this documentation can be crucial in resolving disputes effectively.

If you need legal assistance, you may book an initial consultation.