Tenant Protection Act, 1997, S.O. 1997, c. 24

Amended by: 1998, c. 19, s. 186; 1999, c. 6, s. 62; 2000, c. 26, Sched. K, s. 6; 2000, c. 27, s. 179; 2001, c. 9, Sched. J, s. 4; 2001, c. 13, s. 32.

(a) the owner of a rental unit or any other person who permits occupancy of a rental unit, other than a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit,

"rent" includes the amount of any consideration paid or given or required to be paid or given by or on behalf of a tenant to a landlord or the landlord's agent for the right to occupy a rental unit and for any services and facilities and any privilege, accommodation or thing that the landlord provides for the tenant in respect of the occupancy of the rental unit, whether or not a separate charge is made for services and facilities or for the privilege, accommodation or thing, but "rent" does not include,

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("logement locatif")

(b) a room in a boarding house, rooming house or lodging house and a unit in a care home; ("habitation")

"tenancy agreement" means a written, oral or implied agreement between a tenant and a landlord for occupancy of a rental unit and includes a licence to occupy a rental unit; ("convention de location")

"tenant" includes a person who pays rent in return for the right to occupy a rental unit and includes the tenant's heirs, assigns and personal representatives, but "tenant"

2. (1) This Act applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary.

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(ii) the living accommodation does not have its own self-contained bathroom and kitchen facilities or is not intended for year-round occupancy by full-time students or staff and members of their households;

(i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner's spouse, same-sex partner, child or parent or the spouse's or same-sex partner's child or parent, and where the owner, spouse, same-sex partner, child or parent lives in the building in which the living accommodation is located;

8. (1) Every written tenancy agreement entered into on or after the day this section comes into force shall set out the legal name and address of the landlord to be used for the purpose of giving notices or other documents under this Act.

(2) If a tenancy agreement entered into on or after the day this section comes into force is in writing, the landlord shall give a copy of the agreement, signed by the landlord and the tenant, to the tenant within 21 days after the tenant signs it and gives it to the landlord.

(3) If a tenancy agreement entered into on or after the day this section comes into force is not in writing, the landlord shall, within 21 days after the tenancy begins, give to the tenant written notice of the legal name and address of the landlord to be used for giving notices and other documents under this Act.

(4) Until a landlord has complied with subsections (1) and (2) or subsection (3), as the case may be,

(5) After the landlord has complied with subsections (1) and (2), or subsection (3), as the case may be, the landlord may require the tenant to pay any rent withheld by the tenant under subsection (4). 1997, c. 24, s. 8.

9. (1) The term or period of a tenancy begins on the day the tenant is entitled to occupy the rental unit under the tenancy agreement.

(2) A tenancy agreement takes effect when the tenant is entitled to occupy the rental unit, whether or not the tenant actually occupies it. 1997, c. 24, s. 9.

(6) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent's premises. 1997, c. 24, s. 18 (6).

19. A landlord may enter a rental unit only in accordance with section 20 or 21. 1997, c. 24, s. 19.

20. (1) A landlord may enter a rental unit at any time without written notice,

(c) before entering, the landlord informs or makes a reasonable effort to inform the tenant of the intention to do so. 1997, c. 24, s. 20.

21. (1) A landlord may enter a rental unit in accordance with written notice given to the tenant at least 24 hours before the time of entry under the following circumstances:

1. To carry out a repair or do work in the rental unit.

2. To allow a potential mortgagee or insurer of the residential complex to view the rental unit.

3. To allow a potential purchaser to view the rental unit.

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4. For any other reasonable reason for entry specified in the tenancy agreement. 1997, c. 24, s. 21 (1); 1998, c. 19, s. 186.

23. (1) A landlord shall not alter the locking system on a door giving entry to a rental unit or residential complex or cause the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys.

27. A landlord shall not harass, obstruct, coerce, threaten or interfere with a tenant. 1997, c. 24, s. 27.

31. No landlord shall, without legal process, seize a tenant's property for default in the payment of rent or for the breach of any other obligation of the tenant. 1997, c. 24, s. 31.

3. An order determining that the landlord, superintendent or agent of the landlord has illegally entered the rental unit.

4. An order determining that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex or caused the locking system to be altered during the tenant's occupancy of the rental unit without giving the tenant replacement keys. 7. An order determining that the landlord, superintendent or agent of the landlord has harassed, obstructed, coerced, threatened or interfered with the tenant during the tenant's occupancy of the rental unit.

(2) If in an application under any of paragraphs 3 to 10 of subsection 32 (1) it is determined that the tenant was induced by the conduct of the landlord, the superintendent or an agent of the landlord to vacate the rental unit, the Tribunal may, in addition to the remedies set out in subsection (1), order that the landlord pay a specified sum to the tenant as compensation for,

(a) all or any portion of any increased rent which the tenant has incurred or will incur for a one year period after the tenant has left the rental unit; and

(b) reasonable out of pocket moving, storage and other like expenses which the tenant has incurred or will incur. 1997, c. 24, s. 35 (2).

(3) If the Tribunal determines, in an application under paragraph 4 of subsection 32 (1), that the landlord, superintendent or agent of the landlord has altered the locking system on a door giving entry to the rental unit or the residential complex, or caused the locking system to be altered, during the tenant's occupancy of the rental unit without giving the tenant replacement keys, and if the Tribunal is satisfied that the rental unit is vacant, the Tribunal may, in addition to the remedies set out in subsections (1) and (2), order that the landlord allow the tenant to recover possession of the rental unit and that the landlord refrain from renting the unit to anyone else. 2000, c. 26, Sched. K, s. 6 (8).

(2) A notice of termination need not be given if a landlord and a tenant have agreed to terminate a tenancy.

41. A landlord shall not recover possession of a rental unit subject to a tenancy unless,

43. (1) Where this Act permits a landlord or tenant to terminate a tenancy by notice, the notice shall be in a form approved by the Tribunal and shall,

(a) identify the rental unit for which the notice is given;

(b) state the date on which the tenancy is to terminate; and

(2) If the notice is given by a landlord, it shall also set out the reasons and details respecting the termination and inform the tenant that,

(a) if the tenant does not vacate the rental unit, the landlord may apply to the Tribunal for an order terminating the tenancy and evicting the tenant; and

(b) if the landlord applies for an order, the tenant is entitled to dispute the application. 1997, c. 24, s. 43.

46. A tenant may terminate a tenancy at the end of a period of the tenancy or at the end of the term of a tenancy for a fixed term by giving notice of termination to the landlord in accordance with section 47. 1997, c. 24, s. 46.

47. (1) A notice under section 46, 60 or 96 to terminate a daily or weekly tenancy shall be given at least 28 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.

(2) A notice under section 46, 60 or 96 to terminate a monthly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a rental period.

(3) A notice under section 46, 60 or 96 to terminate a yearly tenancy shall be given at least 60 days before the date the termination is specified to be effective and that date shall be on the last day of a yearly period on which the tenancy is based.

(4) A notice under section 46, 60 or 96 to terminate a tenancy for a fixed term shall be given at least 60 days before the expiration date specified in the tenancy agreement, to be effective on that expiration date.

(5) A tenant who gives notice under subsection (2), (3) or (4), which specifies that the termination is to be effective on the last day of February or the last day of March in any year, shall be deemed to have given at least 60 days notice of termination if the notice is given not later than January 1 of that year in respect of a termination which is to be effective on the last day of February or February 1 of that year in respect of a termination which is to be effective on the last day of March. 1997, c. 24, s. 47.

48. (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 17 (4) apply.

(2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days. 1997, c. 24, s. 48.

(3) A tenant who receives notice of termination under subsection (1) or (1.1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice. 1997, c. 24, s. 52 (3); 2000, c. 26, Sched. K, s. 6 (12).

(4) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 52 (4).

(4) A tenant who receives notice of termination under subsection (1) may, at any time before the date specified in the notice, terminate the tenancy, effective on a specified date earlier than the date set out in the landlord's notice.

(5) The date for termination specified in the tenant's notice shall be at least 10 days after the date the tenant's notice is given. 1997, c. 24, s. 53.

60. (1) A landlord may give a tenant notice of termination of their tenancy on any of the following grounds:

61. (1) If a tenant fails to pay rent lawfully owing under a tenancy agreement, the landlord may give the tenant notice of termination of the tenancy effective not earlier than,

(2) The notice of termination shall set out the amount of rent due and shall specify that the tenant may avoid the termination of the tenancy by paying, on or before the termination date specified in the notice, the rent due as set out in the notice and any additional rent that has become due under the tenancy agreement as at the date of payment by the tenant. 2000, c. 26, Sched. K, s. 6 (14).

(3) The notice of termination is void if, before the day the landlord applies to the Tribunal for an order terminating the tenancy and evicting the tenant based on the notice, the tenant pays,

(a) the rent that is in arrears under the tenancy agreement; and

(b) the additional rent that would have been due under the tenancy agreement as at the date of payment by the tenant had notice of termination not been given. 2000, c. 26, Sched. K, s. 6 (14).

(2) A landlord may give a tenant notice of termination of the tenancy if the rental unit is a rental unit described in paragraph 1, 1.1, 2 or 3 of subsection 5 (1) and the tenant has knowingly and materially misrepresented his or her income or that of other members of his or her family occupying the rental unit. 1997, c. 24, s. 62 (2); 2000, c. 27, s. 179 (8).

69. (1) A landlord may apply to the Tribunal for an order terminating a tenancy and evicting the tenant if the landlord has given notice to terminate the tenancy under this Act or under the former Part IV of the Landlord and Tenant Act.

(1.3) An order made under subsection (1.2) shall be deemed to be an order of the Tribunal. 2000, c. 26, Sched. K, s. 6 (28).

(2) The respondent may, within 10 days after the order is issued, make a motion to the Tribunal on notice to the applicant to have the order set aside. 1997, c. 24, s. 192 (2).

193. (1) The Tribunal may, where it otherwise has the jurisdiction, order the payment to any given person of an amount of money up to $10,000 or the monetary jurisdiction of the Small Claims Court in the area where the residential complex is located, whichever is greater.

(5) Nothing in subsection (4) limits the right of the tenant to collect at any time the full amount owing or any balance outstanding under the order.

194. (1) The Tribunal shall send each party who participated in the proceeding, or the party's counsel or agent, a copy of its order, including the reasons if any have been given, in accordance with section 178.

196. (1) Any person affected by an order of the Tribunal may appeal the order to the Divisional Court within 30 days after being given the order, but only on a question of law.

(6) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications with respect to any thing seized under this section. 1997, c. 24, s. 204.

206. (1) Any person who knowingly does any of the following is guilty of an offence:

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2. Alter or cause to be altered the locking system on any door giving entry to a rental unit or the residential complex in a manner that contravenes section 23.

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4. Harass, hinder, obstruct or interfere with a tenant in the exercise of,

7. Seize any property of the tenant in contravention of section 31.

8. Obtain possession of a rental unit improperly by giving a notice to terminate in bad faith.

9. Fail to afford a tenant a right of first refusal in contravention of section 54 or 56.

1. Furnish false or misleading information in any material filed in any proceeding under this Act or provided to the Tribunal, an employee or official of the Tribunal, an inspector, an investigator, the Minister or a designate of the Minister.

2. Enter a rental unit where such entry is not permitted by section 20, 21 or 94 or enter without first complying with the requirements of section 20, 21 or 94.

13. Fail to provide a tenant with a receipt in accordance with section 120.

14. Charge rent in an amount greater than permitted under the Act.

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(3) Any landlord or superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with a tenant's reasonable enjoyment of a rental unit or the residential complex in which it is located is guilty of an offence. 1997, c. 24, s. 206 (3).

(2) The production by a person prosecuting a person for an offence under this Act of a certificate, statement or document that appears to have been made or signed by the person charged with the offence or on the person's behalf shall be received as evidence that the certificate, statement or document was so made or signed. 1997, c. 24, s. 207 (2).