Most newcomers to Canada will be “tenants” – they will rent their homes. As a tenant, you have many legal rights, and there are many systems to protect you and ensure you have a safe and comfortable place to live.
We've broken down your rights as a tenant into three parts:
Your rights while looking for a place to live
Your rights as a tenant in Canada
Your rights when you or your landlord want to end your lease
This post provides a brief overview of some important things to know about various parts of the Canadian legal system. It is not a comprehensive guide, nor is it legal advice for any specific situation. If you need legal advice, you should contact a lawyer or a community legal clinic (CLC). CLCs offer free legal advice for low-income people and people who may have other barriers to accessing legal help. You can find a list of CLCs from Legal Aid, or use their search tool to find a CLC near you. You can also call Pro Bono Ontario’s free legal advice hotline at 1-855-255-7256. If you are not ready to talk to a lawyer about your specific situation, Steps to Justice has answers to many legal questions and lists simple steps to take to resolve common legal issues.
Your rights while looking for a place to live
Canada and Ontario have many laws that protect tenants (people who rent their homes). These laws start protecting you even before you have rented your first home: landlords cannot discriminate against people who want to rent from them based on race, religion, sex or gender, family or marital status, disability, or age. For example, it is illegal for a landlord to refuse to rent to you because you are a newcomer to Canada, because you are gay or transgender, or because you use a wheelchair.
Unfortunately, it can be very difficult to prove that discrimination has occurred, and many landlords do discriminate, especially against racialized people and new immigrants. This is a very frustrating state of affairs for many newcomers, and many advocacy groups in Canada are trying to change this. In the meantime, if you think a landlord is discriminating against you, you can use this tool to find out what to do.
Your rights as a tenant in Canada
Ontario has rules about what can be included in the lease your landlord will ask you to sign. If you want to have pets, landlords cannot enforce a no-pet clause, unless you live in a condominium. Your landlord also cannot legally make you agree to pay penalties for late rent payments or breaking their rules. Landlords also cannot collect a “security deposit” to protect against damages – however, they may ask you to pay both the first and last month’s rent when you move in.
Once you have moved in, the landlord is required by law to make sure that your home is safe and in good repair. Your home must be heated during the winter. Your landlord cannot shut off your vital services (hot and cold water, electricity, fuel) except for a short time to make repairs. Your landlord also cannot raise your rent more than once per year, and they cannot enter your home unless they notify you 24 hours in advance or there is an emergency.
Your rights when you or your landlord want to end your lease
Your landlord cannot evict you (force you to move out) except in certain specific circumstances. Even in these circumstances, your landlord cannot just announce that you have to move out, and it is illegal for them to change the locks or try to physically remove you or your belongings from your home. If your landlord asks you to move out and you do not want to, Community Legal Education Ontario or CLEO has information about what you should do. If you decide on your own that you’d like to move out, you must give notice (usually at least 60 days) to your landlord to tell them you are planning to leave.
There are many more aspects of housing law that are relevant for tenants, and you can find out more about them on Steps to Justice. Simply letting your landlord know that you are aware of your rights and the laws that protect you can help resolve many difficult situations. Most landlords want to respect the law, and some may not even be aware that they are required to obey certain regulations. You can help yourself and your landlord by being aware of your rights as a tenant.
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