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Tenant Rights vs Landlord Rights Ontario (2026 Comparison)

By Ontario Eviction Services Team | Updated May 22, 2026

Ontario's Residential Tenancies Act (RTA) establishes rights and obligations for both landlords and tenants. Understanding how these rights interact — and where they sometimes conflict — is essential for anyone involved in the rental housing market. This guide provides a comprehensive side-by-side comparison updated with Bill 60 changes and the 2026 rent increase guideline of 2.5%.

Quick Answers

  • Does Ontario favour tenants or landlords? The RTA heavily favours tenant stability, but Bill 60 (2024) shifted some balance toward landlords by reducing notice periods and strengthening arrears enforcement.
  • Can a landlord ban pets? No-pet clauses are generally unenforceable. Eviction requires proving the pet causes damage, allergies, noise, or safety issues.
  • 2026 rent increase limit: 2.5% for rent-controlled units (once per 12 months, 90 days' notice).
  • Can tenants withhold rent for repairs? No. Tenants must pay rent and file a T6 with the LTB for maintenance issues.
  • Bill 60 key change: Tenants must pay 50% of arrears before raising maintenance defences in non-payment hearings.

Comprehensive Rights Comparison Table

Issue Tenant Rights Landlord Rights
Rent payments Pay only lawful rent; no illegal fees; not required to give post-dated cheques Collect full rent on the due date; collect last month's rent deposit; serve N4 the day after rent is missed (7-day termination under Bill 60)
Rent increases One increase per 12 months; 90 days' notice; limited to guideline (2.5% for 2026); receive interest on LMR deposit Increase rent by guideline amount annually; apply for above-guideline increases (AGI) through LTB; units after Nov 15, 2018 are exempt from rent control
Entry and privacy 24 hours' written notice required; entry only 8 AM-8 PM; exclusive possession of unit Enter with notice for repairs, inspections, showings; enter without notice in emergencies; show unit to prospective tenants in last 60 days
Maintenance Unit maintained in good repair; file T6 for maintenance failures; rent reduction for substantial issues Expect ordinary cleanliness; charge for tenant-caused damage; enter for repairs with notice
Eviction Only for valid RTA reasons; proper notice required; LTB hearing before order; section 83 relief available; T5 for bad faith Pursue eviction for valid grounds; file L1/L2; enforce through Sheriff; collect arrears through LTB or court
Ending tenancy 60 days' notice (N9); assign lease (landlord cannot unreasonably refuse) Cannot end without valid reason; can negotiate N11; can refuse assignment with reasonable grounds
Subletting Can sublet with landlord consent; landlord cannot unreasonably refuse assignment Consent required for sublets; 60 days to act on unauthorized sublets or deemed accepted; file A2 for unauthorized occupants
Pets No-pet clauses generally unenforceable; can have pets unless they cause problems Cannot evict for having a pet alone; can serve N5 if pet causes damage, noise, allergies, or safety issues
Guests Can have guests and additional occupants without landlord approval Cannot restrict guests; can serve N5 for overcrowding per municipal standards
Deposits Only last month's rent deposit allowed; no damage deposits; LMR earns interest Collect LMR deposit; no key deposits beyond actual cost; no additional security deposits
Repairs/damage Not responsible for normal wear and tear; file T2 for landlord harassment Claim damages through L2 or Small Claims Court; deduct from damages owed (not from LMR deposit)

How Has Bill 60 Changed the Balance?

Bill 60 (Protecting Tenants and Strengthening Community Housing Act, 2024) shifted some of the balance toward landlords in specific areas:

  • N4 notice period: 7 days (previously 14) — landlords can move to the LTB faster for non-payment
  • 50% arrears rule: Tenants must pay 50% of rent arrears before raising maintenance issues as a defence in non-payment hearings — this limits a common tenant strategy
  • Appeal period: 15 days (previously 30) — eviction orders become enforceable sooner
  • More adjudicators: 133 total (81 full-time, 52 part-time) — faster processing of all applications

Despite these changes, the fundamental tenant protections — security of tenure, rent control, right to a hearing, section 83 discretion — remain firmly in place.

Where Does the Balance Tip in Practice?

Ontario's system remains heavily weighted toward tenant stability and security of tenure:

  • Landlords bear the burden of proving eviction grounds at the LTB
  • Even when grounds exist, adjudicators can delay or deny eviction based on the tenant's circumstances (section 83)
  • The LTB backlog of 53,000+ cases gives tenants significant time before enforcement
  • Bad faith eviction penalties are steep — $50,000 individual / $250,000 corporate — discouraging pretextual use of N12 or N13 notices
  • Tenants cannot be evicted without cause, even when the lease expires

Common Mistakes to Avoid

  • Landlords: Do not try to enforce rights the RTA does not give you — no damage deposits, no eviction without cause, no entry without notice.
  • Landlords: Do not assume a lease clause overrides the RTA — the RTA prevails over any conflicting lease term.
  • Landlords: Do not ignore your maintenance obligations — unaddressed repairs give tenants ammunition at LTB hearings.
  • Tenants: Do not withhold rent — it is not a legal remedy in Ontario. File a T6 instead.
  • Both: Document everything in writing. Verbal agreements and understandings are difficult to prove.

For landlords, the most effective approach is to understand the rules, follow them precisely, and get professional help when needed. Our eviction services team helps landlords across Toronto and Ontario navigate the system efficiently.

Frequently Asked Questions

Does Ontario law favour tenants or landlords?
Ontario's RTA heavily favours tenant stability through security of tenure, rent control, and requiring landlords to prove eviction grounds. However, Bill 60 (2024) shifted some balance toward landlords by reducing notice periods, limiting tenant defences in non-payment hearings, and cutting appeal times.
Can a landlord ban pets in Ontario?
No-pet clauses in leases are generally unenforceable under the RTA. However, if a pet causes damage, allergic reactions to other tenants, excessive noise, or safety concerns, the landlord may have grounds to serve an N5 notice.
Can a landlord enter a rental unit without permission?
No, except in genuine emergencies (fire, flood, gas leak). For all other reasons, the landlord must give 24 hours' written notice specifying the reason, and entry must be between 8 AM and 8 PM.
What is the rent increase limit in Ontario for 2026?
The 2026 rent increase guideline is 2.5%. Landlords can only increase rent once per 12 months with 90 days' notice. Units first occupied after November 15, 2018 are exempt from rent control and can be increased by any amount.
Can a tenant withhold rent for repairs in Ontario?
No. Ontario law does not allow tenants to withhold rent, even if the landlord fails to make repairs. The tenant must continue paying rent and file a T6 application with the LTB for maintenance issues.

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