The Tenant Protection Act
February 2005
Disclaimer: This Infoguide following is intended
for use as general information and is prepared for purposes of convenience
only. It is not to be relied upon as legal advice or legal authority.
If you have inquiries as to legal proceedings, or if you would like
more detailed information regarding legislation, you should consult
a lawyer.
What is the Tenant Protection Act?
- The Tenant Protection Act is a provincial law that sets out the rights and responsibilities of landlords and tenants in most types of rental situations.
Other laws may also apply to you, including municipal by-laws and common law rules. You may obtain further information regarding these laws through your community legal clinic. To find your local clinic, contact Legal Aid Ontario toll free at: 1-800-668-8258 or within Toronto at: (416) 979-1446. You may also see a list of all clinics on their website at: http://www.legalaid.on.ca/.
Am I covered by the rules in the Tenant Protection Act?
- The Tenant Protection Act applies to many types of rental situations. You may be covered by the Act if you rent an apartment, whether it's in a building or a house, or if you rent a room in a boarding house, care home or retirement home.
- Some tenancies are not covered by the Act. For example, if you rent a room in your landlord's house and share the kitchen or bathroom with the Landlord. If the Tenant Protection Act does not apply to you, there are still certain laws that may apply. Speak to your PPAO Patient Advocate Office about contacting your local community legal clinic for further assistance.
What types of issues are covered by the Tenant Protection Act?
- The Act describes rules that apply to most areas of tenancies. Some examples of the areas covered are:
- Rent: How much and how often a Landlord can increase rent, post-dated cheques, rent receipts
- Eviction: Reasons to evict a tenant, process to follow to evict a tenant, notice periods
- Repairs and maintenance: What obligations the Landlord has to repair the property and what a tenant can do to make sure the repairs are done
- Privacy: Why Landlords can enter property without your consent, notice to tenants
- Care homes
I live in subsidized housing. Does the Act apply to me?
- Some parts of the Tenant Protection Act apply to rent-geared to income or subsidized housing. The Social Housing Reform Act may also apply, particularly to issues about the amount of your subsidy and reporting requirements.
How do I find out information about my rights and obligations?
- Information Pamphlets: Your PPAO Patient Advocate Office can provide you with pamphlets prepared by Community Legal Education Ontario on the law and on specific topics. You may also access their website at: www.cleo.on.ca.
- Community Legal Clinics: Your PPAO Patient Advocate Office can provide you with the telephone number of your local community legal clinic. Clinics often provide specific information and may represent you in a case if you have a hearing. For a list of all Ontario community legal clinics you may access the legal aid website at: www.legalaid.on.ca/Clinics/community_clinics.htm.
- Ontario Rental Housing Tribunal: The Tribunal is a quasi-judicial body that adjudicates disputes between landlords and tenants. The Tribunal can give you information about the law and about how and where to make applications or defend applications. You may contact the office at 1-888-332-3234 or speak to your PPAO Patient Advocate Office to find the local office address. You may access their website at: www.orht.gov.on.ca
Questions?
If you have questions contact your local Patient Advocate or call the central office of the Psychiatric Patient Advocate Office at 1-800-578-2343.
