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Landlord Rights in Ontario — What You Can and Cannot Do (2026)

Ontario landlord reviewing Residential Tenancies Act rights and obligations document

Ontario's Residential Tenancies Act (RTA) is often described as one of the most tenant-protective pieces of legislation in North America. While it does provide strong tenant protections, landlords also have clearly defined rights — and understanding where those rights begin and end is the difference between effective property management and costly legal mistakes.

This guide provides a comprehensive breakdown of what Ontario landlords can and cannot do under the RTA, a side-by-side comparison of landlord and tenant rights, and practical guidance on exercising your rights within the law.

Landlord Rights vs. Tenant Rights: Side-by-Side Comparison

Issue Landlord Rights Tenant Rights RTA Section
Rent collection Collect full lawful rent on the due date; no grace period required Pay only the lawful rent amount; refuse illegal charges s. 12, 134
Rent increases Increase once per 12 months with 90 days' N1 notice (max guideline %) Refuse illegal increases; file T1 to recover excess rent s. 116-120
Deposits Collect last month's rent deposit only; pay annual interest No damage deposit required; last month's deposit applied to final month s. 105-107
Entry to unit Enter with 24 hours' written notice for permitted reasons (8AM-8PM) Refuse entry without proper notice; reasonable enjoyment of unit s. 25-27
Maintenance Set rules for common areas; require tenant to maintain cleanliness Demand repairs; file T6 for maintenance issues; withhold rent is NOT permitted s. 20, 33
Eviction Pursue eviction through LTB for valid RTA grounds only Remain in unit until LTB issues an enforceable order s. 37-83
Tenant screening Credit checks, references, income verification (no discrimination) Not required to provide post-dated cheques; refuse discriminatory criteria RTA + OHRC
Guests and occupants Cannot restrict guests; can enforce occupancy standards Right to have guests and additional occupants s. 27, OHRC
Subletting / assignment Cannot unreasonably refuse; can charge reasonable costs Right to request sublet or assignment; if landlord refuses, tenant can vacate s. 95-98
Lease renewal Cannot force new lease terms; tenancy auto-continues month-to-month Not required to sign a new lease; tenancy continues on same terms s. 38
Building rules Set reasonable rules that do not contradict the RTA or OHRC Challenge unreasonable rules at the LTB s. 14
Damage claims File N5/N7 for damage; file L2 for compensation; file L10 after tenant leaves Normal wear and tear is not tenant responsibility s. 34, 62-67

What Ontario Landlords CAN Do

Collect Rent on the Due Date Without a Grace Period

There is no mandatory grace period under the RTA. If rent is due on the 1st and the tenant does not pay, you can serve an N4 notice on the 2nd. Many landlords mistakenly believe they must wait 15 or 30 days — this is not the case in Ontario.

Collect a Last Month's Rent Deposit

Under section 106, you can require a deposit equal to one month's rent (or the rent for the period if different). This deposit must be applied to the last month of the tenancy — it cannot be used for damages, cleaning, or other purposes. You must pay the tenant annual interest on this deposit equal to the rent increase guideline rate.

Increase Rent Annually

You can increase rent once every 12 months with 90 days' written notice using the N1 form. The increase is capped at the annual guideline (2.5% for 2026) unless the unit is exempt from rent control (first occupied after November 15, 2018) or you have received an above-guideline increase approval from the LTB.

Enter the Unit With Proper Notice

Under section 27, you can enter the rental unit with 24 hours' written notice between 8 AM and 8 PM for specific reasons: repairs, inspections, showing the unit to prospective tenants (with notice of termination given) or buyers, or other reasons specified in writing. In genuine emergencies (fire, flooding, gas leak), you can enter without notice.

Evict for Valid Reasons Through the LTB

You have the right to pursue eviction through the LTB for any valid ground under the RTA: non-payment, behaviour problems, personal use, renovation, persistent late payment, and others. See our complete eviction guide for details on each ground.

Screen Prospective Tenants

You can request and evaluate: credit reports, employment verification, income documentation, previous landlord references, and rental history. You cannot discriminate based on protected grounds under the Ontario Human Rights Code (race, sex, gender identity, age, disability, family status, religion, sexual orientation, citizenship, receipt of public assistance).

Set Reasonable Building Rules

Under section 14, you can establish rules for the rental property — no smoking in common areas, quiet hours, garbage procedures, parking rules — as long as they are reasonable, do not contradict the RTA, and do not discriminate. Rules must apply to all tenants equally.

Pursue Compensation for Damage

If a tenant causes damage beyond normal wear and tear, you can serve an N5 notice (for non-serious damage giving the tenant 7 days to repair) or an N7 notice (for serious damage). You can also seek monetary compensation through an L2 application or, if the tenant has already left, through an L10 application.

What Ontario Landlords CANNOT Do

Self-Help Eviction (Lockouts, Utility Shutoffs)

Under section 26, you cannot change the locks, remove a tenant's belongings, shut off utilities, or otherwise prevent access to the rental unit — regardless of the circumstances. Even if the tenant owes months of rent, even if you have an LTB order, you cannot act until the Sheriff enforces the order. Violations carry fines up to $50,000 for individuals and $250,000 for corporations.

Charge Illegal Fees or Deposits

Under section 134, you cannot charge:

  • Security deposits or damage deposits: Completely illegal in Ontario. Only a last month's rent deposit is permitted.
  • Late payment fees or penalties: You cannot charge the tenant extra for paying late. The remedy for late payment is the N4 notice, not a fee.
  • Key deposits exceeding replacement cost: A key deposit is permitted but cannot exceed the actual cost of replacing the key.
  • Application fees: You can ask a prospective tenant to authorize a credit check, but you cannot charge them for it or charge a non-refundable application fee.
  • Move-in or move-out fees: Not permitted under the RTA.

Require Post-Dated Cheques or Automatic Payment

Under section 108, you cannot require a tenant to provide post-dated cheques or set up automatic payments as a condition of the tenancy. You can request them, but the tenant can refuse.

Refuse to Maintain the Property

Under section 20, you must maintain the rental unit and building in good repair, complying with all health, safety, housing, and maintenance standards. This obligation exists regardless of tenant behaviour or whether you are pursuing eviction. Failing to maintain the property can result in T6 applications by the tenant, rent reductions, and orders requiring you to complete repairs.

Harass, Threaten, or Intimidate Tenants

Under section 23, you cannot harass, coerce, threaten, or interfere with a tenant's reasonable enjoyment of their unit. This includes excessive visits, threatening phone calls or texts, entering without proper notice, or any conduct intended to pressure the tenant into leaving. Violations can result in T2 applications and orders for compensation.

Discriminate Based on Protected Grounds

The Ontario Human Rights Code prohibits discrimination in housing based on: race, colour, ancestry, place of origin, citizenship, ethnic origin, creed, sex, sexual orientation, gender identity, age, marital status, family status, disability, and receipt of public assistance (including Ontario Works, ODSP). You cannot refuse to rent to someone because they receive social assistance.

Restrict Guests or Occupants Unreasonably

Tenants have the right to have guests and additional occupants. You cannot restrict who visits or lives in the unit, as long as the unit does not become overcrowded beyond municipal occupancy standards. "No guests" or "no overnight guests" clauses in a lease are unenforceable.

Withhold Last Month's Rent Deposit for Damages

The last month's rent deposit must be applied to the last month's rent — period. If the tenant causes damage, you must pursue compensation through the LTB (L2 or L10 application) or Small Claims Court. You cannot deduct from or withhold the deposit.

Landlord Rights During the Eviction Process

During an active eviction, landlords retain all their rights but must be especially careful about their conduct. The tenant remains entitled to full use of the unit, all maintenance and services, and proper notice for entry until the Sheriff enforces the eviction order.

  • You can continue to serve notices and file applications while waiting for a hearing
  • You can update your arrears calculation and collect evidence
  • You must continue to provide heat, water, electricity, and all services included in the rent
  • You cannot enter the unit without 24 hours' notice (except emergencies)
  • You cannot take any self-help action, even if the eviction order has been issued but not yet enforced

How to Protect Your Rights as an Ontario Landlord

  1. Document everything: Keep written records of all communications, rent payments, maintenance requests, notices served, and incidents. Photographs, emails, and dated notes can be critical evidence at the LTB.
  2. Know the RTA: Read the Residential Tenancies Act or at least familiarize yourself with the key sections that affect your rights and obligations.
  3. Use proper forms: Always use current LTB forms for notices. Informal letters or verbal notices are not valid under the RTA.
  4. Act promptly: When a tenant violates the lease or stops paying rent, do not delay. Serve the appropriate notice immediately.
  5. Get professional help when needed: For complex situations — contested evictions, tenant counterclaims, N12 proceedings — professional representation reduces risk.

Frequently Misunderstood Landlord Rights in Ontario

Several landlord rights are commonly misunderstood, leading to costly mistakes:

No-Pet Clauses Are Unenforceable

Under section 14 of the RTA, no-pet clauses in a lease are void. A landlord cannot evict a tenant simply for having a pet. However, if the pet causes damage, excessive noise, or allergic reactions in other tenants, you may be able to pursue an N5 notice for interference with reasonable enjoyment — but the grounds are the behaviour, not the pet's mere existence.

You Cannot Refuse to Rent to Families With Children

Under the Ontario Human Rights Code, family status is a protected ground. You cannot refuse to rent to a family with children or restrict which units families can occupy based on the presence of children. The only exception is buildings designated as "adult lifestyle" communities for persons 65 and older.

Lease Expiry Does Not End the Tenancy

Perhaps the most misunderstood aspect of Ontario tenancy law: when a fixed-term lease expires, the tenancy does not end. Under section 38, it automatically continues on a month-to-month basis with the same terms. You cannot require the tenant to sign a new lease, agree to new terms, or vacate at the end of the lease term. The only way to end the tenancy is through one of the valid RTA eviction grounds.

You Can Accept Rent Without Losing Eviction Rights

A common misconception is that accepting rent after serving an eviction notice "waives" your right to proceed with the eviction. This is not generally true for N12, N13, and most other notice types. For N4 notices, accepting full payment of arrears does void the notice — but that is because the N4 is specifically designed to be voidable upon payment. For other grounds, you can continue to accept rent during the eviction process without undermining your case.

Tenants Cannot Withhold Rent for Maintenance Issues

Ontario tenants do not have the right to withhold rent because of maintenance problems — this is a common misconception. If a tenant withholds rent, you can still serve an N4 for non-payment. The tenant's remedy for maintenance issues is to file a T6 application with the LTB, not to stop paying rent.

Our eviction services team and LTB specialists help landlords across Mississauga, Toronto, Ottawa, and all of Ontario exercise their rights within the law. For a look at what the full eviction process involves, see our step-by-step eviction guide.

Need Help Understanding Your Rights as a Landlord?

Ontario Eviction Services provides expert guidance on landlord rights and obligations under the RTA. Whether you need help with a specific dispute or ongoing compliance support, contact us for a free consultation.

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