Nine things your landlord cannot do

A lease can say almost anything, but it can’t override the law. Every province and territory has residential tenancy legislation that sets minimum protections for tenants, and in most places a lease term that tries to take those protections away is void, even if you signed it.

When I worked as a caseworker at a tenant legal clinic, the same handful of problems came through the door every week. Here are nine things landlords are commonly not allowed to do. The details vary by province, so I have named the province wherever a rule is specific. If your province isn’t mentioned, a similar rule often exists, but check before you rely on it.

Your home, your door

1. Walk in without notice. Outside of emergencies, landlords generally need to give written notice before entering your unit. In Ontario, the landlord must give at least 24 hours’ written notice, state the reason, and enter between 8 a.m. and 8 p.m. In British Columbia, it is also at least 24 hours’ written notice with the purpose stated, and entry must be between 8 a.m. and 9 p.m. unless you agree otherwise. Quebec requires 24 hours’ notice for most visits and work. Emergencies, like a burst pipe or a fire, are the main exception everywhere.

2. Change the locks without giving you a key. In Ontario and BC, among others, a landlord can’t change the locks to your unit, or the building’s entrance, without giving you a new key. Locking a tenant out is one of the most serious things a landlord can do, and tenancy bodies treat it that way.

3. Cut off heat, water or electricity to pressure you. Landlords can’t withhold or deliberately interfere with vital services. Ontario’s Residential Tenancies Act specifically protects vital services such as heat, hydro, gas and water, and municipalities often have their own minimum heat bylaws too. A short shutdown for repairs, with notice, is different from cutting services to push someone out.

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A landlord who wants you out has a process to follow. Changing the locks isn’t part of it.

Getting you out

4. Evict you on their own. In every province, ending a tenancy against the tenant’s wishes requires following a legal process. In Ontario, a landlord must serve the correct notice and then get an eviction order from the Landlord and Tenant Board, and only the Court Enforcement Office (the sheriff) can enforce it. In BC, disputes go to the Residential Tenancy Branch. A notice from your landlord is the start of a process, not the end of your tenancy, and you usually have the right to dispute it.

5. Seize your belongings for unpaid rent. In Ontario, a landlord can’t take or hold on to your possessions because you owe rent. If rent is owed, the landlord has to go through the tenancy process. Most provinces take a similar approach for residential tenancies, though rules about property left behind after a tenancy ends vary.

Money

6. Raise the rent whenever they like. Most provinces limit how often rent can go up and how much notice you get. In Ontario and BC, rent can usually only be increased once every 12 months, with written notice of at least three months (90 days in Ontario) on the correct form. Both provinces set an annual guideline or maximum for most units, though in Ontario many units first occupied after November 15, 2018 are exempt from the guideline. In Quebec, there is no fixed cap, but a tenant can refuse a proposed increase, and the landlord can then apply to the Tribunal administratif du logement to set the rent.

7. Demand illegal deposits or post-dated cheques. In Ontario, a landlord can collect a last month’s rent deposit but not a damage deposit. In Quebec, no deposit at all can be required beyond the first month’s rent. In both Ontario and Quebec, a landlord can’t require post-dated cheques. Other provinces cap security deposits at set amounts, usually between half a month and a full month’s rent.

Who you are and how you live

8. Discriminate against you. Every province has a human rights code that applies to housing. Landlords can’t refuse to rent to you, or treat you differently, on protected grounds such as race, religion, disability, sex, sexual orientation, family status or age, among others. Many provinces also protect people who receive public assistance. The exact list of grounds differs by province, and complaints usually go to a human rights tribunal or commission rather than the tenancy board.

9. Enforce a blanket no-pets clause in Ontario. Under Ontario’s Residential Tenancies Act, a lease term that bans pets is void. A landlord can still seek to end a tenancy if a pet causes serious problems, such as significant damage, allergic reactions for other tenants or danger to others, and condominium rules can restrict pets separately. Ontario is unusual here: in many other provinces, including BC and Quebec, a lease can generally prohibit pets, so read yours carefully.

None of this means landlords have no rights. They can require rent to be paid on time, enter with proper notice, and end a tenancy for legitimate reasons through the proper process. The point is that both sides have rules, and a lease can’t quietly rewrite them.

If one of these happens to you

Start by writing down what happened, when, and who was involved. Raise it with your landlord in writing if it is safe to do so. If that doesn’t work, the next step is usually an application or dispute with your provincial tenancy body, which in most provinces is cheaper and faster than going to court.