Key Rental Topics

The Residential Tenancies Act (RTA) allows a landlord to apply to end a tenancy for specific reasons, including:

• Not paying rent, not paying rent in full or repeatedly paying rent late
• Causing damage to the rental property 
• Disturbing other tenants or the landlord
• Illegal activity in the rental unit or residential complex
• Overcrowding or allowing too many people to live in the unit
• Demolishing the unit
• Gaining vacant possession to do extensive repairs/renovations
• Converting the unit to non-residential use
• Wanting to use the unit for themselves, an immediate family member or the use of a person who will provide care services to the landlord or a member of the landlord's immediate family, who is living in the same building or complex. (Note: Only individual landlords, not corporations, can give notice of termination for this reason.)

The first step is for a landlord to give their tenant a valid written Notice of Termination. The landlord must use the correct LTB form and state the reason for the proposed eviction.

A tenant does not have to move out just because they receive a notice from their landlord. The landlord must apply for and receive an eviction order from the LTB. Only the LTB can authorize an eviction. An eviction order will state the date by which the tenant must leave the rental unit.

If you are a landlord looking to end a tenancy, you need to make sure you are following the rules as they are set out in the Residential Tenancies Act. 

Landlords are responsible for keeping units in good repair, as outlined in the Residential Tenancies Act. All things that the landlord provides to the tenant must be kept in working order. This could include:

• Electrical, plumbing or heating systems 
• Appliances and carpets in the unit or common areas
• Walls, roofs, ceilings 
• Windows, doors, locks, lighting 
• Garages, laundry rooms, patios, walkways or pools

A landlord’s obligation to maintain a property is ongoing and does not only arise when a tenant complains or when a disrepair becomes severe. It is the responsibility of the landlord to repair damage due to reasonable wear and tear over time and to meet local (municipal) health, safety and property standards regulations, as set out in the City of Brantford’s By-laws.

Landlords must install, test and maintain smoke and carbon monoxide alarms as required by the Ontario Fire Code.

Landlords are also not allowed to interfere with or withhold access to vital services. Vital services include hot or cold water, fuel, electricity, gas and, during certain months of the year, heat. The requirement to provide access to vital services applies even if the tenant's rent is overdue, or the tenant has damaged the property.

• If a vital service to a rental unit 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 because the tenant failed to pay their own utility bill, the tenant cannot claim that the landlord withheld a vital service.

A tenant must repair or pay for the repair of any damage caused to the rental property that is not due to normal wear and tear. The damage could have been caused by the tenant, their guests or another person living in the rental unit. This includes damage in the tenant's unit, as well as in any common areas such as a hallway, elevator, stairway, driveway, or parking area. It does not matter whether the damage was done on purpose or by not being careful enough – the tenant is responsible.

To report potential By-law infractions involving any privately-owned property (including rentals), contact the City’s Municipal Law Enforcement and Property Standards Team.

How Often Can Rent be Increased?
When a tenant first signs a lease, the landlord may set the initial rent at any amount. However, there are rules that limit how often rent can be increased for an occupied unit. In most cases, rent can only be increased once every 12 months.

If a landlord intends to increase the rent for an occupied housing unit, they must:

• give written notice of the increase by using the proper Landlord and Tenant Board form; and 
• provide the notice at least 90 days before the rent increase takes effect.

How Much can Rent be Increased By?
For many renters in Ontario, your landlord can only increase rent by a certain amount (without needing approval from the Landlord and Tenant Board). Rent increase amounts are set by the Province of Ontario every year in the rent increase guideline.

• For the year 2026, the maximum amount a landlord can increase the rent by is 2.1%. For the year 2027, the guideline amount will be 1.9%. Your landlord must follow the guideline for the year in which your rent increase starts.

Not all rental units are subject to the rent increase guideline (not rent controlled). The maximum rent increase guideline does not apply to:

• new buildings, additions to existing buildings and most new basement apartments that are occupied for the first time for residential purposes after November 15, 2018.
• rental units upon turnover of a tenancy (the landlord and new tenant agree on the rent amount).
• community housing units.
• long-term care homes.
• commercial properties.

If your landlord has not provided the proper notice, or you believe that your landlord is trying to raise your rent above the guideline amounts without approval from the Landlord and Tenant Board, you can dispute it at the Landlord and Tenant Board within 12 months after the amount was first charged.

Exceptions – Above Guideline Increases (AGI)

A landlord can apply to the Landlord and Tenant Board for permission to raise the rent by more than the guideline. This is called an above-guideline increase or AGI. The landlord must still wait 12 months between increases and give 90 days’ written notice. The notice must state whether the landlord has applied for permission or whether the LTB has approved the AGI. The Landlord and Tenant Board can allow an AGI for the following reasons:

• the cost of security services
• certain capital expenses, such as major repairs, renovations, replacements or additions that are not part of normal ongoing maintenance
• unusually high increases in municipal taxes and charges

For more information about above guideline increases check out the following resources:

• Advocacy Centre for Tenants Ontario’s (ACTO) Above Guideline Increase Tip Sheet
• Landlord and Tenant Board’s Applications for Rent Increases Above the Guideline (Interpretation Guideline)

The City of Brantford has by-laws that apply to all residential properties, including rental properties. These by-laws set safety and occupancy standards, support the peaceful enjoyment of residential areas, and establish building and zoning requirements for residential units to be considered legal. The by-laws you should be aware of include:  

• Property Standards By-law: Establishes minimum standards for the maintenance, repair and occupancy of all properties, including requirements for building safety, structural integrity, cleanliness, utilities, and exterior conditions, and prohibits unsafe or substandard living conditions. 
• Lot Maintenance By-law: Regulates lot maintenance, weeds, waste, graffiti, overgrowth and general property cleanliness.
• Noise Control By-law: Regulates noise in the City, including prohibited noises, restricted hours, exemptions and enforcement. 
• Licensing By-law: Establishes the City of Brantford’s business licensing framework, including application requirements, inspections, licence issuance, renewals, compliance, enforcement, and business-specific regulations to support public health, safety, consumer protection, and nuisance control. The By-law requires the registration of short-term rental housing across the City and the licensing of lodging houses.
• Zoning By-law: Guides development and implements the policies of the Official Plan. Property use, the location and height of buildings on a lot, parking requirements, and open space are examples of elements regulated by the by-law. 
• Building Code Implementation By-law: Establishes the City’s framework for administering and enforcing the Ontario Building Code, including requirements for building, demolition and change‑of‑use permits, application processes, inspections, fees, and responsibilities of property owners and builders.