Residential Tenancies Act (RTA)

Please note that the Residential Tenancies Act (RTA) is not enforced by the Town of Whitby. 

The Residential Tenancies Act (RTA) is an Ontario law that governs most residential rental agreements. The RTA outlines the rights and responsibilities of both landlords and tenants.

The Landlord and Tenant Board handles rental issues such as:

• Rent Disputes: Disputes involving rent increases, rent deposits, and methods of payment.
• Landlord & Tenant Disputes: Mediation involving disputes between the landlord and tenant.
• Tenancy Agreements: New tenancy agreements, ending or renewing a tenancy agreement, subletting a rental unit.
• Eviction Matters: Reasons for eviction and steps involved in the eviction process. 

For more information, please contact the Landlord and Tenant Board at 1-888-332-3234 or send an email to LTB@ontario.ca. 

 Municipal By-Laws

Property Standards By-law #6874-14

• This by-law outlines the minimum maintenance and repair standards for all properties in Whitby, including rental units. Property owners, including landlords, are responsible for maintaining their properties in accordance with these standards to ensure they remain safe and livable.

Property and Boulevard Maintenance By-law #6937-15

• Grass and weeds cannot be longer than 15cm.
• The property must be free of refuse or debris.
• Snow and ice must be removed from adjacent sidewalks within 24 hours after snow accumulation or the freezing of precipitation. 

Noise By-Law #6917-14

• This by-law regulates unreasonable and unnecessary noise in Whitby.
• The operation of speakers at such a volume that it is audible on a neighbouring property is prohibited between the hours of 9 p.m. and 7 a.m.
• The operation of speakers at such a volume that it is audible from the interior of a neighbouring home where the neighbouring resident has made an effort to mitigate the reception of the noise (e.g. closing windows) is prohibited at all times.

Additional Dwelling Unit Registration By-Law #8156-25

• Any additional dwelling unit, such as a basement apartment, must be registered with the Town of Whitby before it can be legally rented. Registration confirms that the unit complies with the Ontario Building Code and that all required building permits have been approved and signed off.  

• If you are renting an additional dwelling unit, ask your landlord to provide the ADU Certificate, or contact Enforcement Services at 905-430-4345 to verify that the unit is properly registered with the Town. 

 Landlord Responsibilities

A landlord has to keep the rental property in a good state of repair. A landlord must obey all health, safety, housing and maintenance standards, as set out in any provincial laws or municipal by-laws. This is true even if the tenant was aware of the problems when they agreed to rent the unit.

What are landlords responsible for:

• Maintenance and Repairs: Landlords must maintain the building and rental units in a good state of repair, incompliance with all applicable health, safety, housing and maintenance standards.

• Pest Control: Landlords must take appropriate steps to eliminate pest infestations (ex. cockroaches and mice). Tenants are expected to cooperate with landlords and follow any treatment plans to support pest removal.

• Vital Services: Landlords must ensure that tenants have continuous access to essential services including hot and cold water, electricity, heat and fuel. A landlord cannot shut off or interfere with any vital services, even if the tenant is behind on rent.

• Tenant Responsibilities for Utilities: If utilities such as hydro, gas or water are in the tenant’s name as per the rental agreement, the tenant is responsible for keeping the account in good standing. If service is disconnected due to non-payment, the landlord is not responsible for the disruption. Tenants are accountable for maintaining any services in their name.

 All things that the landlord provides to the tenant must be kept in working order, as per your lease agreement. This could include:

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

If something no longer works due to normal wear and tear or because it breaks or wears out, the landlord must repair it so that it works properly, or replace it. When something is replaced, however, the landlord does not have to supply a new or better model.

 Tenant Responsibilities through the RTA

• Maintain Cleanliness: A tenant must keep their rental unit clean, up to the standard that most people would consider ordinary or normal cleanliness.
• Repair Tenant-Caused Damage: A tenant must repair or pay for the repair of any damage to the rental property caused by the tenant, the tenant's guest or another person who lives in the rental unit. It does not matter whether the damage was done on purpose or by not being careful enough - the tenant is responsible. However, the tenant is not responsible to repair damage caused by normal "wear and tear." For example, if the carpet has become worn after years of normal use, the tenant would not have to replace the carpet.
• Pay Rent on Time: Rent must be paid in full and on time. 
• Report Issues Promptly: Tenants should inform their landlord of any maintenance issues, damages, or safety concerns as soon as possible so that appropriate repairs can be made. 

A tenant should not withhold any part of the rent, even if the tenant feels that maintenance is poor or a necessary repair has not been done. A tenant could be evicted if they withhold rent without getting approval from the LTB.

 Landlord Entry Notice Requirements through the RTA

 A landlord is required to provide a tenant with 24 hours' written notice before entering a rental unit. The notice must clearly state the reason for entry. Entry into an occupied rental unit is only permitted for the following purposes: 

• To carry out repairs or perform maintenance work
• To conduct a reasonable inspection to determine whether repairs are necessary
• To allow a potential mortgagee or insurer to view the unit
• The tenant has given notice to move out, and the property owner is showing your apartment to new tenants
• For any reasonable purpose allowed by the rental agreement

A landlord can only enter a unit without written notice if it is an emergency situation, such as a fire, or if the tenant agrees to it. 

 Reporting Property Standards Violations

If you are a tenant and have concerns regarding property standards as defined by the Town’s Property Standards By-law, please follow the steps below before contacting Enforcement Services:

Step 1: Notify The Property Owner or Property Manager in Writing

Before an investigation can begin, you must provide written notice of your concern to the property owner or property manager. You can do this in one of the following ways:

1. Send a formal letter by registered mail to the property owner or property manager.
2. Send an email to a known and active email address used by the property owner or property manager.

Your written notice must include the below information:

• A clear description of the concern(s)
• The date the correspondence was sent
• Your contact information

Step 2: Allow Time for a Response

You must allow 19 days from the date the correspondence was sent for the property owner or property manager to respond and provide a plan to address the issue. 

Step 3: Cooperate with the Property Owner/Manager

Tenants are expected to make every reasonable effort to work with the property owner or manager to resolve the concern. This includes providing access to the unit for inspection or repairs.

Important: If the tenant prevents access to the unit, Enforcement Services will not engage or will cease further action if an investigation is underway.

Step 4: Prepare Proof of Notification

If you choose to escalate the matter to Enforcement Services after the 19-day period, you must provide proof that you sent the required correspondence to the property owner or manager. Submit your complaint and supporting documentation with your full name, address, and phone number to bylaw@whitby.ca.

 Reporting Concerns to the RTA

When the application is filed, a hearing will be scheduled. Both the tenant and the landlord have a right to attend the hearing to explain their side of the story.

To contact the Landlord and Tenant Board for more information, please call 1-888-332-3234.