How Ontario’s Residential Tenancies Act (RTA) Prevents Renovictions

Author
Jasmine Jasani
| Published at
November 25, 2024
| Updated on
November 25, 2024
Author
Jasmine Jasani
Published at
November 25, 2024
Updated on
November 25, 2024
Here is how Ontario's Residential Tenancies Act and the Landlord and Tenant Board (LTB) protect tenants against renovictions.

KEY TAKEAWAYS

Residential Tenancies Act (RTA): The RTA is Ontario's primary law governing the rights and responsibilities of landlords and tenants, ensuring fair practices and providing a framework for dispute resolution.

Landlord and Tenant Board (LTB): The LTB enforces the RTA by resolving disputes, such as evictions and maintenance issues, through adjudication and mediation.

Renoviction Protections: The RTA, strengthened by Bill 97, includes provisions to prevent bad-faith evictions and protect tenants from unfair renovictions.

Renovictions, where tenants are evicted under the guise of major renovations, have become a growing concern in Ontario's rental market. 

Renovictions refers to situations where tenants are evicted under the guise of major renovations, often as a means for landlords to increase rents or attract new tenants. Legitimate renovations sometimes require tenants to vacate. These legitimate renovation-based evictions exist under Ontario's Residential Tenancy Act (RTA). The term ‘renovictions’ specifically refers to the abuse of this process.

What is the Ontario Residential Tenancies Act?

The Residential Tenancies Act, 2006, known as the RTA, is primary legislation in Ontario that governs the relationship between landlords and tenants in residential rental properties. Enacted to ensure fair practices and protect the rights of both parties, the RTA outlines the obligations, rights, and remedies available to landlords and tenants. 

Each province in Canada has its own tenancy act. 

Under the RTA, the Landlord and Tenant Board (LTB) was created to solve disputes between tenants and their landlords.

How can a landlord evict a tenant for renovations?

Under Ontario’s Residential Tenancies Act (RTA), landlords may evict tenants if the unit needs major repairs or renovations that cannot be completed while it is occupied.

To initiate an eviction process, landlords must issue a Form N13: Notice to End your Tenancy Because the Landlord Wants to Demolish the Rental Unit, Repair it, or Convert it to Another Use.

The landlord must then follow the rules set by the Landlord and Tenant Board (LTB) to ensure compliance with the law. This legal framework provides tenants with safeguards, such as adequate notice and the right to challenge the eviction if it appears to be in bad faith.

How Does The RTA Prevent Renovictions?

The Ontario RTA already has provisions within its Act that address and prevent bad-faith evictions such as renovictions. 

On top of this, Bill 97: Helping Homebuyers, Protecting Tenants Act, 2023 has received Royal Assent, i.e. it has become law in principle. Some parts of this Act further strengthen the RTA’s provisions on renovictions. 

Here are all the ways that the RTA, with additions from specific schedules in  Bill 97 help prevent renovictions in Ontario. 

RTA Sections Related to Renovation Evictions
RTA Sections Related to Renovation Evictions
Category Section Description
Core Provisions Section 50 Notice requirements for demolition, conversion, or repairs (120-day notice period)
Section 53 Tenant's right of first refusal for repair or renovation
Section 54 Tenant's right to compensation for repair or renovation
Tenant Rights and Protections Section 52 Compensation requirements for demolition or conversion
Section 56 Security of tenure provisions
Section 57 Former tenant's application for bad faith notices (T5)
Section 58 Former tenant's application for right of first refusal failure
Building Permit Requirements Section 50(1)(c) Renovations must require building permit and vacant possession
Section 73(1)(b) LTB requirements for permits before termination
Vacant Possession Section 31(3) Definition and requirements for vacant possession
Section 13(2) Tenancy agreements and vacant possession timing
Section 86(2) Definition of "tenant in possession" for compensation
Compensation and First Refusal Section 54(1) Compensation for buildings with 5+ units
Section 53(1)(2) Right of first refusal process details
Section 107(1) Rent deposit repayment provisions
Bad Faith Provisions Section 57(1) Applications for bad faith notices
Section 135 Remedies for bad faith evictions
Section 83(1) LTB discretion to refuse bad faith evictions

Municipal Bylaws for Renovictions

The existence of renoviction bylaws, such as those in Hamilton and recently introduced in Toronto, highlights a growing recognition that the Residential Tenancies Act (RTA) alone may not be sufficient to address the complexities of renovictions at the municipal level. Municipal bylaws fill this gap by imposing stricter local rules and accountability measures on landlords.

The layered approach—combining provincial RTA provisions with municipal bylaws—acknowledges the need for stronger enforcement mechanisms and a more localized response to prevent bad-faith evictions, particularly in areas facing acute housing crises. 

Conclusion

Renovictions in Ontario’s rental market are addressed through both the Residential Tenancies Act (RTA) and municipal bylaws. The RTA provides foundational protections such as notice requirements, compensation, and the right of first refusal, while recent updates, including Bill 97, strengthen these provisions. Municipal bylaws, like those in Toronto and Hamilton, complement the RTA by adding localized enforcement measures to address the complexities of renovictions, reflecting a layered approach to tackling this issue.

FAQ

Styled FAQ Dropdown Menu
01. What is the Residential Tenancies Act (RTA)?

The Residential Tenancies Act, 2006, is Ontario’s main legislation regulating residential rental properties, outlining the rights and responsibilities of landlords and tenants. It governs areas like rent increases, evictions, and maintenance, ensuring fairness and protection for both parties.

02. What is the role of the Landlord and Tenant Board (LTB)?

The LTB resolves disputes between landlords and tenants under the RTA, including eviction applications, maintenance complaints, and rent disputes. It ensures compliance with the law and provides a forum for mediation and adjudication.

03. How does the RTA address renovictions?

The RTA has provisions requiring landlords to provide a 120-day notice for renovations, offer tenants the right of first refusal, and pay compensation. Bill 97, 2023, further strengthens these protections by clarifying rules and preventing bad-faith evictions.

04. What are the penalties for landlords acting in bad faith under the RTA?

Landlords found to have acted in bad faith, such as issuing false eviction notices, may face significant penalties, including tenant compensation and the refusal of eviction orders by the LTB. Sections like 57(1) allow former tenants to file applications to seek remedies for such actions.

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Jasmine Jasani
Growth Advisor

About the Author

Jasmine Jasani is the Growth Advisor at Openroom, specializing in strategic planning and customer retention. With a background in psychology, law, digital tools, and communication, she effectively leverages technology to drive organizational success.

As the Executive Director of Brockville’s Business Improvement Area (BIA), she spearheaded the city’s first digital gift card program and secured federal funding to support digital transformation initiatives for SMEs. Previously, at the United Nations High Commissioner for Refugees (UNHCR), Jasmine played a key role in implementing digital solutions to overcome COVID-19 challenges and streamlined intra-organizational case processing modalities.

Jasmine's belief in the power of knowledge was shaped by her personal experiences as a renter. While working as a legal assistant earlier in her career, she encountered issues with her landlord. Her boss, a partner at the firm, quickly assessed her situation and cited the relevant law, empowering her to assert her rights. This experience reinforced Jasmine's commitment to using knowledge to foster healthy and informed communities.

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