The Residential Tenancy Act, 2006 (RTA) establishes a framework for the regulation of residential rents and balances the rights and responsibilities of both landlords and tenants. It provides protection for residential tenants from unlawful rent increases and unlawful evictions, and includes processes to resolve disputes between landlords and tenants.
Rights & Responsibilities
Visit Settlement.Org for a full list of landlord rights and responsibilities.
Repairs and Safety
Landlords are responsible for keeping units in good repair, as outlined in the Residential Tenancy Act. A landlord’s obligation to maintain the premises is ongoing and does not only arise when a tenant complains or when a disrepair becomes severe. Although a tenant has the obligation to keep the premises clean, it is the responsibility of the landlord to repair damage due to reasonable wear and tear over time and to meet local municipal health, safety and property standards regulations (as applicable).
A landlord must have installed a fully operational smoke detector in each rental unit. This is a requirement of provincial law.
The Residential Tenancies Act allows a landlord to evict a tenant for a number of reasons. There are certain steps the landlord must follow to issue an eviction notice. To learn more visit the Landlord and Tenant Board website.
A landlord may apply to end a tenancy to:
- demolish the unit,
- gain vacant possession to do extensive repairs/renovations,
- convert the unit to non-residential use,
- use the unit for themselves, an immediate family member or the use of a person who will provide care services to the landlord or a member of the landlord's immediate family, who is living in the same building or complex. (Note: Only individual landlords, not corporations, can give notice of termination for this reason.)
A landlord must provide a valid Notice of Termination:
- under the door, given to an adult in unit, or in the mail. It cannot be posted to the door.
- with termination date
- that gives at least 120 days notice
A tenant given a Notice of Termination may choose to terminate earlier by giving the landlord 10 days written notice.
A tenant who is terminated for the purpose of extensive renovations has the right to move back in at the same rate of rent once construction is complete. However, a tenant who wants to return must inform the landlord in writing that they will return before moving out. The tenant must keep the landlord informed of any change of address.
The landlord must provide financial compensation for the cost moving and rent for the duration of the work up to the equivalent of 3 months.
If the tenant does not wish to return to a unit in a building with 5 or more residential units, the landlord must provide 3 months’ rent or offer another unit.
If the tenant does not wish to return to a unit in a building with less than 5 residential units, the landlord must provide one (1) months’ rent or offer another unit.
- Landlord Support Services - Hamilton Housing Help Centre
- Housing Help Centre brochures – Topics include emergency food, clothing, telephone services, mail and LINKS voicemail service, pets, hoarding, utilities, bedbugs and community resources.
- Landlord's Self-Help Centre - A community legal clinic that provides information, advice and referrals to small landlords.
- Human Rights in Housing - Information for landlords about human rights in relation to housing and accommodating tenants' needs. From the Ontario Human Rights Commission (OHRC).
- Community Legal Education Ontario (CLEO) - Provides questions and answers to everyday legal problems experienced by renters in Ontario including rent, eviction, discrimination and repairs. This information is available in a variety of languages and formats.
- Rights As a Landlord – Settlement.Org
- Zoning Bylaw from the City of Hamilton
- By Laws for Rooming/Lodging Homes - Schedule 9 from the City of Hamilton
- Grant and Incentives - Invest In Hamilton Programs
- Residential Building Inspections Brochure – City of Hamilton
- Ontario Renovates - Open to eligible multi-resident unit landlords in exchange for keeping the rents affordable.