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The landlord and tenant can also agree to an above-guideline rent increase, if the landlord agrees to renovate or add a new
service for the tenant. Certain rules apply.
The landlord must reduce the rent if:
• the municipal property tax goes down by more than 2.49 per cent, or
• the rent was increased above the guideline to pay for repairs or renovations and the costs have been fully paid for
(this only applies to tenants who were living in the unit when the above guideline rent increase happened).
The tenant can apply to the Landlord and Tenant Board to reduce their rent if:
• municipal property taxes or charges on the rental property go down,
• the landlord reduced or removed a service without reducing the rent, or
• the landlord did not keep a promise they made in an agreement for a rent increase above the guideline.
The landlord can only collect a deposit for the last month’s rent and a refundable key deposit. The tenant does not have to
J. Maintenance and Repairs (Part III, IV, V and XIV of the Act)
The landlord must keep the rental unit and property in good repair and comply with all health, safety and maintenance standards.
This includes the maintenance and repair of things that came with the unit, such as appliances, and of common areas, such as
parking lots, elevators, and hallways.
The tenant must pay their rent, even if they have problems with the maintenance and repair of their unit or property. If the tenant
is having a maintenance or repair problem, the tenant should let the landlord know. If needed, the tenant can apply to the
Landlord and Tenant Board.
The tenant is responsible for any damage to the rental property caused by the tenant, the tenant’s guest or another person who
lives in the rental unit. This applies to any damage caused on purpose or by not being careful enough. This does not include
damage that results from normal use of the rental unit over time (“wear and tear”). The landlord can apply to the Landlord and
Tenant Board if the tenant has not repaired such damage.
The tenant is responsible for ordinary cleanliness of the rental unit, except for any cleaning the landlord agreed to do.
K. Vital Services (Part I and III of the Act)
“Vital services” include hot or cold water, fuel, electricity, gas and heat.
The landlord must ensure that a rental unit has heating equipment capable of maintaining a minimum temperature of 20° Celsius
from September 1 to June 15. Some municipal by-laws may have stricter requirements.
The landlord cannot withhold or shut off the reasonable supply of a vital service, care service or food that the landlord must
supply under the tenancy agreement. If a vital service is cut-off because the landlord failed to pay their bill, the landlord is
considered to have withheld that service. However, if a vital service is cut-off or disconnected because the tenant failed to pay
their own utility bill, the tenant cannot claim that the landlord withheld a vital service.
The landlord cannot deliberately interfere with the reasonable supply of any vital service, care service or food, whether or not the
landlord is obligated to supply it under the tenancy agreement.
L. Harassment (Part III and IV of the Act)
It is against the law for the landlord (or anyone acting for the landlord, such as a superintendent or property manager) to harass
the tenant, or for the tenant to harass the landlord. If the landlord or the tenant is experiencing harassment they can apply to the
Landlord and Tenant Board.
If the landlord (or anyone acting for the landlord) discriminates against the tenant based on prohibited grounds of discrimination
under the Ontario Human Rights Code (the Code), they may be violating the tenant’s rights under the Code. The Landlord and
Tenant Board may be able to consider discrimination if it relates to an application under the Residential Tenancies Act, 2006. In
other situations, the tenant may have to take their case to the Human Rights Tribunal of Ontario.