Tenants and landlords need to understand their legal rights and responsibilities, potential issues that could arise and how to resolve them.
Landlords must advise their condo corporation that they intend to lease their unit, then they must prepare a tenancy agreement and share a copy with the corporation and their tenant along with the condo corporation’s governing documents.
Landlords can request current address, rental history, references and income information from tenants in addition to a rental deposit and a key deposit.
A landlord cannot ask for a damage deposit but can terminate a lease with notice and ask the tenant for damages, if necessary. Rental deposits can only be used for rent, not damages.
Section 83(1) of the Act requires landlords to notify the condo corporation of the rental and provide a copy of the lease within 10 days of signing.
Tenancy agreements must detail the length of the tenancy, rent, utilities, deposits, parking and any other services that must be covered in the rent. Leases must also contain the legal name and addresses of the landlord. The landlord must provide a signed agreement to the tenant within 21 days of the start of the rental period.
Regardless of the lease, all condo community members should know that they must adhere by the Condominium Act and the Residential Tenancies Act as well as the condo corporation’s declaration, by-laws and rules.
The governing documents regulate things such as short-term rentals, pets, smoking, noise or parking and more.
Landlords must use this standard lease template.
Tenants are responsible for paying rent, keeping the unit clean, not changing the locks and asking the landlord’s permission to make other changes to the unit. Landlords are responsible for ensuring tenants have privacy in their unit and can use common elements including elevators, pool, barbecue, gym and others as outlined in the governing documents. Tenants should register vehicles and pets, obtain insurance and set up utilities.
Here are some further requirements:
Tenancies can end if the tenant gives notice to terminate or assigns their tenancy to another person.
Landlords can also give notice to terminate because they have sold the unit and the person who bought it, their family or their caregiver need to move into the unit.
Buyers that purchase a rental unit with the intent to keep it as a rental property must keep any currently existing tenancy agreements and tenants.
Section 83 (2) of the Condo Act says that landlords must notify the condo corporation in writing within 10 days.
If issues arise, start by reviewing the Condo Authority’s solving common issues pages, which provide information, tools and templates for condo communities to resolve issues collaboratively before they escalate.
You can also file a case with the Condominium Authority Tribunal – an online tribunal dedicated to resolving condo-related disputes about issues like noise, parking, smoking pets and more. Check the Tribunal’s jurisdiction for more guidance.
Depending on the nature of you case, you may consider filing with The Landlord and Tenant Board, which is a tribunal dedicated to resolving disputes between residential landlords and tenants. The LTB also provides information about the rights and responsibilities of landlords and tenants under the Residential Tenancies Act.
If you have an issue or concern about a condo manager or a condo management service provider, you can file a complaint with the Condominium Management Regulatory Authority of Ontario.
Some disputes must be resolved through mediation and if that fails, arbitration. Certain compliance disputes may be resolved via the Superior Court of Justice. It is best to speak to a lawyer first.
Sections 132 and 134 of the Condo Act provide more information about mediation, arbitration and the Superior Court.