8 Important Questions to Ask When Renting in Toronto
The obligations of tenants and landlords.
5 min read
As a renter in Toronto, it is vital to understand your obligations and those of your landlord throughout your tenancy. These obligations will be stated and agreed upon in your lease agreement; however, keeping them at the top of mind will help you avoid miscommunication or disagreements with your landlord.
Below are eight common questions you should be asking when renting a property in Toronto.
Q. What happens if my landlord sells?
A. If you have a valid written lease, your landlord cannot evict you even if he or she decides to sell the unit. The new owner will be required to take over your lease at the rent you currently pay under the same terms.
If you are a month-to-month tenant, your landlord must give you 60 days' notice (from the first of the month) to allow the new owner to move in — as long as the new owner (or a family member) is going to live in the unit themselves.
Q. Who is responsible for maintaining the unit?
A. The property owner's responsibility is to keep the unit in a good state of repair, even if the tenant was aware of the unit's problems before moving into it or the lease says that the tenant is responsible for maintenance.
However, the tenant is responsible for keeping the unit clean-up to the standard that most people consider ordinary or customary cleanliness. The tenant is also responsible for repairing or paying for any damage to the rental property they caused, their guests caused, or that was caused by another person living in the rental unit.
Q. Can I withhold rent because my landlord isn't properly maintaining my building or unit?
A. No. If you withhold rent, the landlord can give you a notice of termination for non-payment of rent and then apply to evict you.
Q. What should I do if repairs are needed for my building or unit?
A. Talk to your landlord first about the problems. Put the difficulties in writing and give the list to the landlord or the person who takes care of maintenance (for example, the superintendent or property manager).
Q. Whose responsibility is it to maintain smoke and carbon monoxide alarms?
A. The Residential Tenancies Act (RTA) states that it's the landlord's responsibility to ensure the property meets all health and safety standards that apply.
Both the landlord and tenant have responsibilities when it comes to fire prevention. The landlord must make sure that smoke alarms and carbon monoxide alarms are installed and working correctly. Tenants must notify the landlord as soon as they become aware that a carbon monoxide or smoke alarm in their unit is not working, and they must not remove the batteries or tamper with the warnings in any way.
Q. Can a landlord enter a tenant's unit?
A. A landlord can only enter a tenant's unit under specific circumstances. In most cases, the landlord must first give the tenant 24 hours' written notice, stating when they will enter and for what reason. There are some exceptions to this requirement, for example, in case of emergency.
Q. Can I refuse to let the landlord in if the landlord wants to enter my unit?
A. If the landlord has a valid reason (as allowed by the RTA) for entering your unit, you cannot refuse to let them in. If you don't let the landlord in, they can give you a notice of termination claiming that you are interfering with their lawful rights, and you could be evicted. Also, interfering with a landlord's legal right is an offence under the RTA.
Q. Can my landlord change the locks?
A. A landlord has the right to change the lock to the unit at any time, only if they provide the tenant with a new set of keys.
Your rights and obligations as a tenant typically remain the same wherever you choose to rent; however, not understanding them from the start may cause uncertainty during your tenancy. Reviewing, understanding and acting upon your rights and obligations will ensure your renting experience is pleasurable.
Reference
Renting in Ontario: Your rights. (n.d.). Retrieved April 12, 2022, from https://www.ontario.ca/page/renting-ontario-your-right
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