Know your rights: 6 things landlords can’t stop you from doing

By: Sadaf Ahsan on October 24, 2024

As a renter, navigating your rights and responsibilities can sometimes feel like a balancing act. So, whether you’re a first-time renter or have been renting the same property for some time (or are on a first-name basis with your landlord), it’s easy to be unaware of or lose track of what your rights are as a tenant.

Tenants are implicitly in a vulnerable position and can be easily misled if they rely solely on what the landlord tells them without conducting their own research or seeking guidance elsewhere.

While not mandatory, you should consider purchasing tenant property insurance to ensure you're not solely responsible for damage outside of your control to your rental unit.

Why knowing your rights is important

Geordie Dent, a seasoned housing advocate and executive director of the Federation of Metro Tenants' Associations, says that “a tenant is supposed to get 100% of their rights for 100% of the rent, but they often do not.”

Landlords may neglect essential repairs, ask tenants to move without a valid reason, or demand illegal fees. “This is all brazenly illegal, and tenants will be subject to this type of abuse, harassment, and illegality, especially if they don't know this behavior is illegal,” adds Dent.

Six things your landlord can’t legally stop you from doing

When it comes to living independently under someone else’s roof, knowing your rights as a tenant will allow you to establish and maintain boundaries within your tenancy. That being said, you should always strive to foster a cooperative relationship with your landlord, rather than anticipating or engaging in hostility.

"It's in tenants' best interests to maintain good relationships with landlords because it will make everyone's life less stressful, and the best way of resolving disputes is through negotiation, not legal process,” says Marc Z. Goldgrub, a Toronto-based lawyer at Green Economy Law. “Where enmity gets out of control, negotiation can become impossible."

However, here are six rights that any tenant is entitled to, no matter what their landlord says.

1. Keep pets in your rental home

Many apartment listings state “no pets,” which can be discouraging for pet owners. However, landlords can't legally enforce a no-pets rule once you've moved in. They can reject your application due to pet ownership, but after you're settled, eviction for having a pet isn't permissible. Unless however, your landlord is your roommate, or your apartment complex or condo building has a zero-pet policy.

That said, landlords do have the right to take action if your pet is excessively noisy, triggers existing allergies, damages the property, or poses a danger to others. If your pet, such as a dog, causes property damage or an injury like a bite, liability would generally be covered under tenant insurance (if you have it).

The right to have pets despite “no pet” clauses was established in Ontario in 1990. This change was influenced by the Ryll family's case, where they were evicted due to their elderly cat, Fluffy, despite the pet causing no issues. Their appeal and the ensuing publicity led to amendments in the law, securing renters' rights to have pets.

2. Throw parties or get-togethers, and have overnight guests

You're free to have parties or get-togethers in your rental home. Whether it's a lively party or a visit from kooky Uncle Jimmy, your landlord can't dictate who you invite or how long they stay, even if the stay is overnight. Any attempt to do so could be considered harassment.

But, just like when it comes to pets, you're responsible for any damage your guests might cause, including excessive noise or disturbances to other tenants. If such issues arise, your landlord might have grounds to pursue eviction.

Tenant insurance typically includes liability coverage for guest injuries that occur inside your unit. If a guest is injured and files a lawsuit, this coverage can help pay for legal fees and potential settlements. However, if guests are injured on the property outside your unit, it may fall under the landlord’s responsibility, depending on the situation.

Despite these responsibilities, you cannot be charged extra fees for having guests, nor are you required to inform your landlord about visitors.

However, if a guest starts sleeping over all the time and begins using the rental unit as their primary residence, they may be considered an occupant, which could lead to disputes.

There’s another caveat: If you share living spaces with your landlord (e.g., in a duplex or shared house), different rules might apply, often giving the landlord more say in guest policies. Additionally, general safety regulations, such as fire codes, must be adhered to. This means that having too many guests that could violate safety codes might be a legitimate concern for landlords.

3. Sublease your apartment

In Canada, subleasing – or subletting – your home is a right that landlords cannot unreasonably deny, provided you adhere to certain guidelines. Here are some key points:

Landlord consent: Tenants must obtain written consent from their landlords to sublease. While landlords cannot unreasonably withhold consent, they can refuse based on valid reasons such as financial instability or unsuitable rental history of the subtenant.
Provincial variations: Each province has its own set of rules. For example, in British Columbia, landlords have 14 days to respond to a subletting request, and in Ontario, landlords must provide valid reasons if they refuse consent.
Legal responsibilities: The original tenant remains responsible for the lease, including rent payments and property upkeep, even when subleasing.
Insurance considerations: Damage caused by subletters is typically not covered under standard tenant insurance policies. So, the original policy will not extend to the subtenant’s possessions or liability.

Many insurance policies do not allow for additional individuals to be added unless they are part of the original lease agreement. Even if the subtenant is added, the coverage might not be comprehensive. Having separate insurance ensures that both the original tenant and the subtenant are protected against potential liabilities, such as accidental damage or injury within the rental unit.

Additionally, as a tenant, you must ensure the sublease agreement does not exceed the original rental amount. Always communicate openly with your landlord and insurance provider to avoid any unforeseen issues.

4. Demand accessibility

You have the right to accessibility in your rental home. Under the Human Rights Code, landlords are required to accommodate tenants' accessibility needs, which includes considering disabilities and making necessary modifications. This could mean installing ramps for wheelchair access or modifying doorways for easier mobility – if you suffer from an injury that leaves you paralyzed.

If a landlord plans to deny a modification request, they must provide a written explanation with justifications.

You are not responsible for any additional costs associated with making your home accessible; these expenses fall under the landlord's responsibilities. The Human Rights Code mandates that landlords must accommodate up to the point of "undue hardship," meaning they are only exempt if the changes would be excessively costly or pose significant safety or health risks.

5. Expect notice ahead of your landlord entering your rental home

Some landlords — the prickly kind — might believe they can walk into your unit at any time for any reason because, well, they own it.

Contrary to what some landlords might suggest, they cannot enter your unit whenever they feel like it. They are permitted entry for specific reasons, such as conducting repairs or showing the property to potential tenants.

But even in these situations, they must provide written notice explaining the purpose of their visit at least 24 hours in advance, and entry must occur between 8 a.m. and 8 p.m. In emergencies, landlords can enter without prior notice.

And, on the matter of privacy, you can change your locks — but you must provide your landlord with notice that you plan to do so to get their consent. In turn, under the Residential Tenancies Act, it’s an offence for a landlord to change locks to a unit or building without providing their tenant a new key first.

6. Refuse to move (in some cases)

If your landlord asks you to move, you might have the option to stay and require them to take legal action. Goldgrub often encounters the misconception that landlords can always remove tenants if they disagree with demands like illegal rent hikes or frequent maintenance complaints.

in Canada, tenant insurance does not cover temporary loss of shelter due to eviction. So, alternative arrangements in case of eviction disputes should be considered ahead of time.

“While it's not impossible for landlords to evict tenants, it's challenging, especially if the eviction is retaliatory,” he says. For example, using an N12 form (otherwise known as a Notice to End Your tenancy, or an eviction notice) is common, but tenants often have strong cases against such evictions.

Canada has witnessed several landmark cases affecting tenant rights. In November 2023, the case of Elkins v. Van Wissen, tenants were evicted so the landlord could charge higher rent. However, the Court of Appeal determined that the Landlord and Tenant Board (LTB) should not have dismissed the tenants' application claiming that the eviction was in bad faith.

The case was returned to the LTB for a new hearing. With the increase in bad faith evictions in Ontario, the Advocacy Centre for Tenants Ontario released a statement and described this as "a major legal victory" with a "positive impact for tenants across Ontario in seeking justice if they are victims of bad faith."

Tenant insurance covers a lot of the grey area

While landlords might hold you accountable for certain damages or liabilities, your tenant insurance can step in to alleviate some of the burden. Conversely, there are situations where the landlord's property insurance will cover the damage. But when does each policy come into effect?

For starters, while landlords are responsible for repairs due to normal wear and tear on appliances they own, any damage resulting from a covered peril, such as a fire, might fall under your tenant insurance.

Theft of items from your unit are also covered under tenant insurance, not your landlord’s property insurance.

Lastly, if there’s a power vault fire or other covered peril makes your unit temporarily uninhabitable, your landlord might not be held responsible for making sure you have an alternate place to stay. Instead, your tenant insurance would kick in to cover a hotel stay somewhere else, as well as replace the items that are damaged from the incident.

Stay informed and sleep soundly

To stay informed about tenant rights beyond these key principles, review your province’s landlord and tenant regulations, such as Ontario’s Residential Tenancies Act. Additionally, seek advice from local tenant advocacy organizations. It never hurts to get outside advice and understand your options, rather than assuming your landlord's word is final.

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