The following are a few noteworthy points about the Residential Tenancies Act.

1. In Ontario the “Residential Tenancies Act” directs that landlords are not permitted to require security deposits.  The “last month’s rent” received can only be applied to the last month’s rent and may not be used as a security deposit.
   
   
2. The “Act” directs that it is a landlord’s responsibility to make repairs to a property. A landlord can not contract out of this provision. Thus, a lease stipulation can not be included which states the tenant will be responsible for the first $50 of repairs or replacement items.
   
   
3. When signing a lease, a landlord may not request the tenant to vacate during the term of the lease because the landlord wishes to take possession of the property for personal use. The landlord must provide the tenant with 60days written notice prior to the expiry of the lease ending, in order to retake possession of the property at the end of the lease. If the tenant is on a “month to month” lease, then the owner may take back the property for “personal” possession by giving 60 days written notice at any time. The 60 days must start from the date the rent is normally paid (ie: 1st of each month).
   
   
4. If a tenant causes damage, other than what is considered normal wear and tear, and refuses to pay, the only recourse for the property owner is to initiate a (small claims) court action. Thus, owners need to weigh the cost and aggravation of going to small claims court versus the cost of just simply making the required repairs and moving on.
   
   
5. The “Act” dictates that a landlord may not refuse a tenant the right to keep a cat or a dog. The owner may screen out prospective tenants with a cat or a dog, but should either or both appear on site at a later date, the landlord has no recourse for a remedy under the “Act”.
   
   
6. By law, landlords may not demand tenants to provide post dated rent cheques.
   
   
7. When a lease expires, the “Act” specifies that a tenant is not obliged to sign a new lease. The tenant has the right to remain upon a month to month basis thereafter, with the only stipulation being they provide sixty (60) days written notice when they elect to vacate the property. Other wise the original lease terms prevail.
   
   
8. The landlord may only increase the rent once every 12 months and then only by the amount allowable (which varies from year to year) as published by the Provincial Government for the calendar period.
   
   
9. Notice of a rent increase must be provided 90 days in advance of the effective date of the increase.
   
   
10. When a lease is agreed upon and signed for a “single” occupant, and an additional occupant takes up residence, the landlord has no recourse under the Act.
    
    
11. Tenant generated cooking odors or second hand smoke issues arising from other tenanted units are not actionable via any “Act”.
    
    
12. Ethnic, religious or sexual orientation may not be used as a criteria for leasing or terminating a lease.
    
    
13. Shared utility costs not individually “metered” (meaning not invoiced by the local utility company) and invoiced directly to a tenant by the landlord, if defaulted, are not recoverable via the Residential Tenancies Act. Recovery is available only through a small claims court action.
    
    
14. Maintenance and or replacement of Smoke Alarm or carbon monoxide detector batteries may not be construed as a tenant responsibility.
    
    
15. In matters of the Condominium Act vs. the Residential Tenancies Act, the Condominium Act prevails. For example, the Residential Tenancies Act allows for a tenant to have a cat or a dog. The Condominium Act can pass a bylaw preventing the occupants from having a dog or a cat.
    
    
16. The “Act” directs that a landlord may enter a tenanted unit only after providing a “written” notice 24 hours in advance of attending at the property.