LGL 252 Winter 2021

Professor Amreen Omar

Commencing a Tenancy
Types of Tenancy
The Tenancy Agreement
Commencing a Tenancy
Selecting Prospective Tenants (s. 10)
❖ When selecting prospective tenants, landlord must comply with regulation
290/98 of the Human Rights Code
❖ LL may request credit references, rental history information, income
information, guarantee for rent
❖ must not refuse accommodation based on a prohibited ground of
discrimination
Can a landlord reject me because I have children?
❖ Usually, a landlord cannot refuse to rent you a place or discriminate against you in any other way because you have
children or because you're pregnant or might become pregnant.
❖ The Ontario Human Rights Code protects you from these and many other types of discrimination.
❖ Landlords also cannot ask you questions or advertise in a way that discriminates. For example, a landlord must not:
❖ call a building "adult-only" or "adult lifestyle"
❖ advertise a unit as "Suitable for young professionals"
❖ show you only certain units or floors that they say are better for a family with children
Exceptions
❖ If the tenant would be sharing a kitchen or bathroom with the owner or their family, the owner can refuse to rent to
anyone for any reason.
❖ There are also exceptions for seniors' housing, and housing that is designed to help people who are also protected by
the Human Rights Code, for example, people with certain kinds of disabilities.
Commencement of Tenancy (s. 13)
❖ Tenancy begins when the tenant is entitled to occupy the rental unit, whether
or not the tenant actually occupies it
❖ See s. 4 of Standard Lease

“No pet” Provisions are Void (s. 14)

❖ BUT, if renting a unit in a condo that prohibits pets, tenant cannot have a pet
❖ because of condo rules, not tenancy agreement
Can a landlord reject me because I have a pet?
❖ A landlord is allowed to ask if you have pets when you move in. They are also allowed to deny your
rental application because you have pets.
❖ But, after you move in, your landlord cannot evict you just for having a pet, even if your rental
agreement has a "no‑pets" clause. In Ontario, no‑pets clauses in rental agreements are void. This means
they cannot be enforced.
❖ A landlord might be able to make you get rid of your pet if your pet:
❖ makes unreasonable amounts of noise
❖ causes a severe allergic reaction
❖ is dangerous
❖ causes damage
❖ is not allowed because of condominium by-laws or local city by-laws
Duty to Minimize Losses (s. 16)
❖ When LL or T becomes liable to pay any amount as a result of breach of the
tenancy agreement, person entitled to claim amount has duty to take
reasonable steps to minimize losses
Types of Tenancies
❖ Fixed term tenancy
❖ has a specified beginning date and end date, and can be for any period of time
❖ usual written lease provides for a fixed term
❖ Periodic tenancy
❖ goes on indefinitely, from day to day, week to week, month to month or year to year
❖ ends but renews automatically at the end of the relevant period until terminated by the LL or the T
❖ period involved is generally defined by the frequency at which rent is paid (daily, weekly, monthly, yearly)
❖ How does a periodic tenancy arise?
❖ If a tenancy is granted and no fixed term is specified; OR
❖ When a fixed term tenancy ends and is not specifically renewed for another fixed term (s. 38)
The Tenancy Agreement
Standard Form of Lease must be used for tenancy agreements that are signed on or after
April 30, 2018 (s. 12.1)
❖ not used for care homes, sites in mobile park homes or land lease communities, social and supportive housing, co-ops
and other accommodation exempt from the RTA under s. 5
Tenant can withhold one month’s rent if landlord fails to provide the standard lease
within 21 days of requesting it
❖ tenant does not have to repay withheld rent if landlord does not provide standard lease within 30 days (after tenant
began withholding rent)
❖ tenant cannot withhold more than one month’s rent
Tenant can end a yearly or a fixed-term tenancy early (on 60 days notice) (s. 47.0.1(1))
if:
❖ landlord fails to provide standard lease within 21 days of requesting it; or
❖ landlord provides lease and tenant does not agree with the terms
Terms that cannot be included in the Tenancy
Agreement:
Note: If any of these terms are in your rental agreement, the landlord cannot make you follow them even
if you sign it.

❖ no-pets clauses, except for rules set out in condominium bylaws

❖ penalties for paying your rent late or for breaking the landlord's rules
❖ extra fees if you have children, pets, or visitors
❖ requirement for post-dated cheques or a damage deposit
❖ making you responsible for repairs or maintenance
Terms that are always included
The following terms are part of every rental agreement even if the agreement doesn't say them:
❖ You have the right to live in your place as long as you want, unless your landlord has a
legal reason to evict you.
❖ You have the right to treat your place as your home, which includes the right to privacy.
❖ If your building or complex has more than one rental unit, you also have the right to use the
common areas. Common areas include things like hallways, elevators, driveways, lobbies, and
grounds.
❖ Your landlord is responsible for maintenance and repairs, and must follow all the laws
about housing standards.
❖ Your landlord must follow the legal rules about raising your rent.
❖ Rent specified in the lease and any increases must comply with the rent control provisions
of the RTA
❖ If written agreement is entered into,
❖ It must set out legal name and address of LL [12(1))];and
❖ LL must give T a copy within 21 days after execution [12(2)]
❖ If no written lease, LL must give T information regarding LL’s name and address – (s.
12(3))
❖ If LL doesn’t give lease/information T’s obligation to pay rent is suspended until it’s
delivered (once delivered back rent must be paid)
❖ Whether agreement is oral or in writing, LL must also give T info relating to the rights and
responsibilities of landlords and tenants, the role of the Board and how to contact the board
– on or before the date the tenancy begins, in a form approved by the Board (s. 11)