IF A TENANT DOESN'T PAY RENT The Tenant Protection Act allows a tenant to be evicted if they have not paid their rent, or have often paid the rent late. This guide provides information on paying rent, and what can happen when rent is not paid. If you want to know exactly what the law says, you should read the Act. Additional Information at the end of this guide explains how you can get a copy. What to find in this guide About the Tribunal When rent is due Delivery of the rent Cash or cheque Holding back rent Overdue rent Late rent payments Applying to the Tribunal Additional Information About the Tribunal The Ontario Rental Housing Tribunal is an independent, quasi-judicial agency. Tenants and landlords can apply to the Tribunal to resolve certain types of disputes, either through mediation or adjudication. In mediation, a Tribunal mediator will help a landlord and tenant to resolve a dispute and reach an agreement they are satisfied with. In adjudication, a hearing is usually held. A Tribunal member makes a decision based on the evidence examined, and issues an "order." The Tribunal also provides landlords and tenants with information about the rights and obligations each has under the Tenant Protection Act. Additional Information at the end of this guide explains how to contact the Tribunal. http://www.orht.gov.on.ca/public/ten_nopay-e.html (1 of 5) [7/19/02 3:07:33 PM]
When rent is due When a landlord agrees to rent to a person, the day that rent payments are due should be made clear. Rent is overdue if the full amount is not paid by 12 p.m. midnight on the day it is due. A landlord does not have to accept partial payment of rent, unless they want to. If partial payment is accepted, the landlord can still take steps to collect the balance of the rent, including terminating the tenancy. Delivery of the rent How each rent payment is to be delivered should be made clear at the time a landlord agrees to rent to a person. In most cases, the tenant must deliver the rent payment to a place agreed to or set by the landlord. This might be to the landlord s residence or place of business. If a rent payment is mailed, the tenant should mail it far enough in advance to allow delivery by the due date. At least five days for delivery is suggested. Once a landlord and tenant have agreed on how the rent payments should be delivered, this cannot be changed unless both landlord and tenant agree. Cash or cheque When a landlord first rents to a person, the method for rent payments should be made clear. Some landlords want cash only; others will accept cash or cheque. A landlord cannot demand post-dated rent cheques, and cannot refuse to rent to a person who doesn t want to pay this way. However, this method can be suggested as a convenience to both landlord and tenant. Once a method for making rent payments has been set, it cannot be changed unless both the landlord and tenant agree. Holding back rent A tenant should not hold back any part of the rent if they feel maintenance is inadequate or a necessary repair has not been done. They might face eviction for doing so. http://www.orht.gov.on.ca/public/ten_nopay-e.html (2 of 5) [7/19/02 3:07:33 PM]
For more information on this question, see the separate guide on Maintenance and Repairs. Overdue rent If a tenant does not pay the full rent by the end of the day that it is due, a landlord can ask the tenant to move out of the rental unit. The landlord must give the tenant a notice in writing, in a form called a Notice to Terminate a Tenancy Early for Nonpayment of Rent. A copy of this form is available from the Tribunal. If a tenant rents by the day or week, the landlord must give the notice at least seven days before the date the landlord wants the tenant to move out (called the termination date). If a tenant rents month by month or has a lease for longer than one month, the landlord must give the notice at least 14 days before the termination date. The notice must tell the tenant that they do not have to move if they pay the full amount of overdue rent before the termination date ends. If the tenant pays the full amount by this deadline, the notice is cancelled. If the tenant does not pay the full amount, or they do not move out by the termination date, the landlord can apply to the Tribunal for approval to evict the tenant. The application must be on a form available from the Tribunal. Late rent payments If a tenant s rent has often been late, a landlord can ask the tenant to move out of the rental unit even if the current rent is not late. The landlord must give the tenant a notice in writing, called a Notice to Terminate a Tenancy at the End of a Term. A copy of this form is available from the Tribunal. If a tenant rents by the day or week, the landlord must give this notice at least 28 days before the date the landlord wants the tenant to move out (called the termination date). The termination date must fall at the end of a seven-day period (that is, the day before a new rent payment is due). If a tenant rents month by month, the landlord must give at least 60 days notice. The termination date http://www.orht.gov.on.ca/public/ten_nopay-e.html (3 of 5) [7/19/02 3:07:33 PM]
must fall at the end of a month. If a tenant has a lease, the landlord must give at least 60 days notice, but the termination date cannot be earlier than the end of the lease. Once the notice is given, the landlord may apply to the Tribunal for approval to evict the tenant. The application can be made before the termination date, or after, if the tenant has not moved out. However, the application cannot be made if more than 30 days have passed since the termination date. The application must be made on a form available from the Tribunal. Applying to the Tribunal Details on how to apply can be found in the separate guide, Filing an Application. Additional Information The Tribunal also has guides on these topics: The Tenant Protection Act (a brief summary of many topics) Filing an Application Maintenance and Repair Mediation Rules About Rent Automatic Rent Reduction & Tax Decreases Terminating a Tenancy Reasons for Terminating a Tenancy By a Landlord Termination of Tenancy By a Tenant Terminating a Tenancy in a Care Home Our toll-free numbers are 1-888 - 332-3234 or 416-645-8080 You can get information from these numbers 24 hours a day. You can talk to a Customer Service Representative Monday to Friday, from 8:30 a.m. - 5:00 p.m. You can order a copy of the Tenant Protection Act from Publications Ontario; call 1-800 - 668-9938 or 416-326-5300 from within Toronto, or you can purchase a copy on line at: www.publications.gov.on.ca Revised: June 10, 2002 http://www.orht.gov.on.ca/public/ten_nopay-e.html (4 of 5) [7/19/02 3:07:33 PM]
Copyright 1999 Queen's Printer for Ontario This information is provided as a public service, but we cannot guarantee that the information is current or accurate. Readers should verify the information before acting on it. http://www.orht.gov.on.ca/public/ten_nopay-e.html (5 of 5) [7/19/02 3:07:33 PM]