tenant righs toronto

An explainer of Toronto's rental market and tenant rights

Toronto's rental market is a tough place to navigate, especially with rents climbing and housing options becoming increasingly limited. The challenges renters face go beyond just high costs.

Recent headlines show how bad it's gotten: One landlord only let a tenant use the kitchen twice a week, while another tried to rent out a spot on a living room floor.

Unfortunately, stories like these aren't rare. Many tenants are dealing with neglect, illegal rent hikes, or even harassment.

Rees Nam, Director of Communications at The Federation of Metro Tenants' Associations (FMTA), knows this all too well. "One of the biggest problems we hear from tenants is that their landlords are ignoring complaints about maintenance or repairs," says Nam.

The FMTA is a non-profit that fights for tenants' rights in Toronto, and Nam has helped countless renters tackle these issues. If you're renting in Toronto, knowing your rights is crucial.

Ontario's Residential Tenancies Act

These rights are spelled out in Ontario's Residential Tenancies Act (RTA). This law is designed to protect tenants, ensuring you have a safe, livable home, protection against illegal rent increases, and the right to privacy.

For instance, landlords have to give you 24 hours' written notice before entering your unit, except in emergencies. But, as Nam points out, "One common example of landlord harassment would be landlords trying to enter a tenant's unit without giving that notice."

Still, even with these protections, many renters find themselves in difficult situations. Landlords might refuse to make necessary repairs, try to sneak in illegal rent increases, or threaten eviction without proper cause.

To be clear, your landlord can only evict you with proper documentation and having gone through the legal process. But, in a city where affording a home is hard enough, adding problems like these can be overwhelming, and many tenants leave bad situations instead of fighting back.

According to Nam, "Renovictions and other types of illegal evictions are a huge problem in Toronto." This happens when landlords evict tenants under the guise of major renovations, only to re-list the unit at a much higher rent.

If you're dealing with a tricky landlord, the first step is to try and resolve the issue directly. It's important to keep things documented—whether you're asking for repairs, challenging a rent increase, or addressing privacy concerns.

Save all your emails, letters, and notes from phone calls. "Having documentation before approaching your landlord is important because it's your strongest evidence if the situation escalates," Nam advises.

The Landlord and Tenant Board

If talking to your landlord doesn't solve the problem, you might need to take things up a notch and file a complaint with the Landlord and Tenant Board (LTB). The LTB is where disputes between tenants and landlords get settled.

It can feel daunting, but it's a necessary step if your rights are being ignored, and often, it's the only way that bad actor landlords will be held accountable. Nam recommends reaching out to tenant advocacy groups like the FMTA for advice and support during this process.

There's a significant backlog at the tribunal, but when you do get there, you'll present your case, the landlord will respond, and then the board will make a decision. The outcome could be anything from ordering the landlord to fix a problem to reversing an illegal rent increase.

There are plenty of stories of tenants who've stood up for their rights and won, even after facing significant challenges. Having been with the FMTA for over a decade, Nam has been involved in cases where renters have managed to secure victories against bad landlords.

Looking at the bigger picture, Nam believes there's still a lot that needs to change to protect renters in Toronto.

The lack of rent control

One significant issue is the lack of rent control on buildings constructed after November 2018. This change came about under Premier Doug Ford's government, which rolled back some of the stricter rent control measures previously in place.

The Ontario government decided to exempt newer builds from the annual rent increase cap of 2.5 per cent, allowing landlords to set rents, and increases, much higher than the annual guideline.

"Not having rent control is probably one of the biggest problems the rental market in Toronto is facing right now," Nam explains. This loophole is worsening the city's affordability crisis and allows for unchecked rent hikes that many tenants simply can't afford.

Vacancy control

Adding to the problem is the removal of the vacancy control rule, which was abolished in 1998 under Premier Mike Harris. The Vacancy Control Act once limited rent increases to the amount set by the rent control guideline even when a unit was empty.

Without this protection, landlords can increase rents significantly when a tenant moves out, making it increasingly difficult for new renters to find affordable housing.

The absence of these protections means that even if you find a rental you can afford, it might become out of reach once your lease is up, further intensifying the rental crisis in Toronto.

For those who are renting now or planning to, Nam offers some practical advice: Know your rights and vet your landlord, stay informed about local housing laws, and don't be afraid to ask for help if you're dealing with a difficult landlord. 

"Become familiar with tenant rights by reading online or creating a tenant association in your building," Nam suggests. Being proactive can help prevent issues before they start and ensure you're ready to handle any challenges that come your way.

Renting in Toronto isn't easy, but knowing your rights and taking action when necessary can make a big difference.

By staying informed and standing up for yourself, you can protect your home and create a more stable living situation in this challenging market.

Lead photo by

Fareen Karim


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