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Ontario Residential Tenancies Act — Landlord's Guide to Every Key Section (2026)

Ontario Residential Tenancies Act 2006 legislation book with bookmark on key landlord sections

The Residential Tenancies Act, 2006 (RTA) is the foundational law governing every landlord-tenant relationship in Ontario. It covers everything from rent collection and deposits to evictions, maintenance obligations, and the penalties for non-compliance. Every Ontario landlord — whether you own one unit or one hundred — needs to understand this legislation. Ignorance of the RTA is not a defence at the Landlord and Tenant Board (LTB).

This guide breaks down the RTA section by section, explaining what each key provision means in practical terms for landlords, what the real-world implications are, and how to stay compliant while protecting your investment.

Key RTA Sections Every Ontario Landlord Must Know

RTA Section What It Covers Practical Implication for Landlords
s. 3 Provisions conflicting with the RTA are void Any lease clause that contradicts the RTA is unenforceable — no-pet clauses, no-guest clauses, damage deposits, etc.
s. 5 Exemptions from the RTA Know which properties are NOT covered: shared kitchen/bathroom with owner, hotels under 30 days, student residences, emergency shelters.
s. 6.1 Rent control exemption for new units Units first occupied after November 15, 2018 are exempt from rent control. Landlords can increase by any amount with proper notice.
s. 12 Ontario Standard Lease Most landlords must use the standard lease. Must provide within 21 days of tenant's request or tenant can withhold one month's rent.
s. 14 Building rules You can set reasonable rules, but they cannot change material terms of the tenancy or contradict the RTA/Human Rights Code.
s. 20 Landlord's maintenance obligations You must maintain the unit and building in good repair, meeting all health, safety, and housing standards. This duty exists regardless of tenant behaviour.
s. 22 Landlord not to interfere with tenant's reasonable enjoyment Do not harass tenants, make excessive visits, or interfere with their use of the unit. Violations lead to T2 applications and compensation orders.
s. 25-27 Entry to rental unit 24 hours' written notice required. Between 8 AM and 8 PM only. Permitted for repairs, inspections, showings. Emergency entry without notice is allowed.
s. 26 Prohibition on lockouts and utility shutoffs You CANNOT change locks, shut off utilities, or remove belongings — ever — without a Sheriff-enforced order. No exceptions.
s. 33 Tenant's maintenance responsibilities Tenant must maintain ordinary cleanliness and repair damage they cause. This provision supports N5/N7 notices for tenant-caused damage.
s. 37 Restrictions on termination A tenancy can only be terminated in accordance with the RTA. You cannot end a tenancy by agreement alone without the proper forms.
s. 38 Tenancy continues after lease expires When a fixed-term lease ends, the tenancy automatically continues month-to-month on the same terms. A lease expiry is NOT grounds for eviction.
s. 41 Tenant's belongings after eviction After Sheriff enforcement, store belongings reasonably (72+ hours). Document everything. Do not dispose of items immediately.
s. 43 Requirements for notices of termination All notices must be on official LTB forms, include proper addresses, correct termination dates, and be signed. Invalid notices = dismissed applications.
s. 48-49 Eviction for personal use (N12) 60 days' notice. One month's compensation required. Person must genuinely intend to occupy for 12+ months. Bad faith penalties are severe.
s. 50 Eviction for demolition/renovation (N13) 120 days' notice. Three months' compensation OR comparable unit. Building permit required for renovations. Right of first refusal to return.
s. 57 Bad faith eviction remedies (T5) Former tenant can file T5 within one year. Landlord must prove good faith. Penalties include fines, compensation, and right of return.
s. 58 Persistent late payment (N8) If tenant repeatedly pays late, serve N8. Not voidable. Need to demonstrate pattern of late payment at the hearing.
s. 59 Non-payment of rent (N4) 14-day notice. Voidable if tenant pays all arrears before termination date. Must include only lawful rent — no other charges.
s. 64-68 Tenant behaviour (N5, second N5) First N5: 20 days' notice, voidable if tenant corrects within 7 days. Second N5 within 6 months: 14 days, not voidable.
s. 66-67 Serious problems (N7) Illegal activity, serious damage, safety threats. 10 days' notice (or immediate for certain grounds). Not voidable.
s. 83 Adjudicator discretion to refuse/delay eviction Even if you prove your case, the adjudicator can delay or refuse eviction if granting it would be unfair. The most important section for tenants at hearings.
s. 95-98 Sublet and assignment You cannot unreasonably refuse a sublet or assignment. If you do, the tenant can vacate on 30 days' notice. You can charge reasonable costs.
s. 105-107 Security deposits and last month's rent Only last month's rent deposit is allowed. No damage deposits. Must pay annual interest on the deposit equal to the guideline rate.
s. 116-120 Rent increases Once per 12 months. 90 days' notice (N1). Capped at guideline rate (2.5% for 2026) unless unit is exempt or above-guideline approved.
s. 134 Illegal charges No late fees, no application fees, no move-in/move-out fees, no damage deposits. Violations recoverable by tenant through T1.
s. 191 Methods of service Personal, mailbox/under door, mail (+5 days), email/fax (only with prior written consent). Proper service is essential for valid notices.
s. 233 Penalties and offences Fines up to $50,000 (individual) / $250,000 (corporation) for illegal eviction, harassment, illegal charges, and other violations.

What the RTA Applies To — And What It Does Not

Under section 5, the RTA applies to most residential rental housing in Ontario, including apartments, houses, condos rented by the owner, and rooms in rooming houses. It does not apply to:

  • Owner-occupied shared housing: If the tenant shares a kitchen or bathroom with the landlord or the landlord's immediate family member, the RTA does not apply. This is the most commonly misunderstood exemption.
  • Hotels and motels: Unless someone has been living there for more than 30 consecutive days.
  • Student residences: Housing provided by educational institutions where the student must give up possession at the end of the academic term.
  • Temporary emergency shelters
  • Seasonal or vacation rentals: Short-term rentals not intended as a primary residence.
  • Commercial tenancies: Business leases are governed by the Commercial Tenancies Act.

If you are unsure whether the RTA applies to your rental arrangement, the LTB can make a determination through an A1 Application.

Landlord Obligations Under the RTA

Maintenance and Repairs (Section 20)

You must maintain the rental unit and building in good repair, complying with all health, safety, housing, and maintenance standards. This includes:

  • Heating, plumbing, and electrical systems must function properly
  • Common areas must be clean, lit, and safe
  • Pest infestations must be addressed promptly
  • Appliances provided with the unit must be kept in working order
  • Municipal property standards bylaws must be met

Your maintenance obligation continues throughout the eviction process. You cannot stop repairs or reduce services because the tenant owes rent or is being evicted.

Entry Rules (Sections 25-27)

You can enter the rental unit only with 24 hours' written notice and only for specific reasons: repairs, inspections, showing the unit to prospective tenants (only after a notice of termination has been given) or buyers, or other reasons specified in writing. Entry must be between 8 AM and 8 PM. In genuine emergencies, you can enter without notice.

Rent Increases (Sections 116-120)

Rent can only be increased once every 12 months with at least 90 days' written notice using the N1 form. The increase is capped at the annual guideline rate — 2.5% for 2026. Units first occupied after November 15, 2018 (under section 6.1) are exempt from this cap. For above-guideline increases (capital expenditures, security services, or extraordinary operating costs), you must apply to the LTB with an L5 application.

Eviction Grounds Under the RTA

The RTA only permits eviction for specific reasons, each with its own notice form, notice period, and procedural requirements. No landlord can evict a tenant simply because a lease has expired, because they want a higher-paying tenant, or for any reason not explicitly provided in the legislation.

The major eviction grounds are:

  • Non-payment of rent (N4): 14-day notice, voidable if tenant pays arrears — section 59
  • Tenant behaviour (N5): Interference with reasonable enjoyment, damage, overcrowding — sections 64-68
  • Serious problems (N7): Illegal activity, serious damage, serious safety threat — sections 66-67
  • Persistent late payment (N8): Habitual pattern of paying rent late — section 58
  • Landlord's own use (N12): Landlord, family, or purchaser needs the unit — sections 48-49
  • Demolition or renovation (N13): Requires building permit and vacant possession — section 50

For a complete step-by-step guide to the eviction process, see our definitive eviction guide.

Penalties for RTA Violations

Under section 233, landlords who violate the RTA face serious consequences:

Violation Penalty (Individual) Penalty (Corporation) Additional Consequences
Illegal eviction / lockout Up to $50,000 Up to $250,000 Tenant may be reinstated; landlord pays moving costs and compensation
Harassment / interference Up to $50,000 Up to $250,000 Compensation to tenant for distress and inconvenience
Illegal charges (damage deposits, late fees) Up to $50,000 Up to $250,000 Must repay all illegal charges collected; tenant files T1
Bad faith N12/N13 eviction Up to $50,000 Up to $250,000 Moving costs, rent differential, right of return; tenant files T5
Illegal rent increase Up to $50,000 Up to $250,000 Must repay excess rent collected; rent reset to lawful amount
Failure to maintain property Varies Varies Repair orders, rent reductions, municipal fines for standards violations

Recent Changes to the RTA That Landlords Should Know

The RTA has been amended several times in recent years. Key changes that affect landlords in 2026 include:

  • Mandatory N12 compensation: Since 2021, landlords must pay one month's rent in compensation when serving an N12 notice. This was previously optional.
  • Increased bad faith penalties: Fines for bad faith evictions have been significantly increased, and the LTB takes these cases much more seriously than in previous years.
  • Rent control exemption (s. 6.1): Units first occupied after November 15, 2018 remain exempt from rent control, creating a two-tier system.
  • Virtual hearings: The LTB has made virtual (Zoom) hearings the standard. In-person hearings are available only in limited circumstances.
  • Ontario Standard Lease (s. 12): Most residential landlords must use the standard lease form for new tenancies.
  • Interest on last month's rent deposit: Landlords must pay annual interest on the deposit equal to the rent increase guideline rate.

How to Stay Compliant With the RTA

  1. Use the Ontario Standard Lease for all new tenancies.
  2. Never charge illegal fees — no damage deposits, no late fees, no application fees.
  3. Provide 24 hours' written notice before entering the unit, and only for permitted reasons.
  4. Use current LTB forms for all notices — download from tribunalsontario.ca.
  5. Maintain the property in good repair at all times, regardless of tenant behaviour.
  6. Follow the eviction process exactly — serve proper notice, file with the LTB, attend the hearing, enforce through the Sheriff. No shortcuts.
  7. Keep detailed records — rent ledger, maintenance requests, communications, photographs, receipts.
  8. Stay informed about amendments — the RTA changes periodically, and new case law from the LTB can affect how provisions are interpreted.

Our eviction services team helps landlords in Mississauga, Toronto, Ottawa, and across Ontario navigate the RTA with confidence. For specific guidance on your rights as a landlord, eviction costs, or the eviction timeline, visit those dedicated guides.

Need Help Navigating the Residential Tenancies Act?

Ontario Eviction Services provides expert guidance on the RTA for landlords across Ontario. Whether you need help with a specific eviction, a tenant dispute, or ongoing compliance, contact us for a free consultation.

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