Learning Landlord Rights in Ontario for Leasing Agents

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We have to remember that renting a property creates a partnership between two parties, and both of them have their privileges. Usually, people will focus on tenants’ rights and how to protect them. It is well and good, but let’s also talk about landlord rights. As an agent, you have to know all of them because you will deal with landlords and tenants alike.

Some people hesitate to invest in real estate and rent them out to strangers. We can’t blame them for it because there are bad tenants everywhere. They might have heard unpleasant stories about tenants who damage or abandon properties. The stories are enough to scare away people who have the means to invest. But it is also why landlord rights exist, and they also need protection.

For this article, we are going to focus on landlord rights in Ontario, Canada. Is there a law that exists for this? Yes, there is. The Residential Tenancies Act provides the necessary information about the landlord and tenant rights. The Government of Ontario constituted the law in 2007 and devised it to create a system that protects the tenant rights, assists the landlords in managing their rentals, and encourages investors. The law brings on a balance to accommodate the tenants’ needs as well as the landlords’.

• Not everyone is considered a landlord.
• The RTA does not automatically consider everyone who rents out a space as a landlord. This rule includes:

  • Rentals with a shared kitchen or bathroom with the property owner.
  • Seasonal rentals
  • Emergency shelters
  • Long-term care facilities

Landlord Rights

As I’ve said, the RTA includes the landlord rights, which conform to the Human Rights Code in Ontario. The Act legislates the landlord’s right to choose a tenant. However, to protect the rights of the people to housing, the landlords are prohibited from providing or denying tenancy based on:

• Age/Gender/Sexual Orientation
• Familial or Marital Status
• Race/Ethnicity/Status of Citizenship
• Religion
• Disability/Recipient of Assistance

The RTA states that landlords can choose their tenants based on:

• Credit checks and references
• Income information
• Rental history and guarantees

Rights after tenancy

The majority of the landlord rights apply to when the tenant ends their lease and focuses on the rent. They help in making sure the landlord’s return on investment is secured. While the law does not require a deposit, the landlords should receive the appropriate amount for expenses caused by damages or unpaid rent. The landlord has the right to get the amount stipulated in the contract with the help of the RTA.

It is within the landlord’s right to collect rent on the due date. However, some tenants disregard the law. Continuously doing this can result in the termination of their tenancy and other legal consequences.

Rights on eviction

On evicting tenants, the landlords have the right to have the occupants vacate the property. But the landlord should provide a justifiable reason to do it. For example, the tenant caused excessive damage to the rental. They can also evict renters because of illegal activities done inside the unit or cause a disturbance with other renters and neighbors.

Right to increase rent

Tenants have to know that the rental price can increase over time. However, landlords have responsibilities in making sure it is through the correct process. They are allowed to increase the rent once in 12 months based on the start of the tenant’s contract. There is also a maximum allowable percentage on the price rise. As of 2020, the guideline is at 2.2 percent. Once the landlord can justify the price increase, he must give 90-days notice to the tenants.

Knowing about the law will aid you in understanding the ways of the rental business. It is also essential that you know the specific legislation applicable to a province. Some are different from others.

All landlords and tenants have rights, and all of them should be protected. Of course, leasing agents also have rights. For example, you have the right to choose a marketing venue for the vacancies you have. Say you want to use Padleads to advertise, perhaps. The website offers you the service to post property listings and have them syndicated to other pages online. Why wait? Practice your right today.

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