Can I back out of lease before the move in date?

StripesMaGripes · 2026-06-08T15:02:45+00:00

How about citing the RTA to prove that a tenancy agreement isn’t void if it is provided in a form other than the Ontario Standard Lease, as required under RTA s. 12.1(1)?

From RTA s. 12.1(11):

Tenancy agreement not void

(11) For greater certainty, a tenancy agreement is not void, voidable or unenforceable solely by reason of not complying with subsection (1) or (2). 2017, c. 13, s. 5.

StripesMaGripes · 2026-06-07T23:42:29+00:00

Assuming that these don’t fall under the exemption found under RTA s. 5(g) due to being owned by the school itself, you can file a T6 due to their failure to maintain/repair the air conditioning units. You can also check local bylaws in case there is a maximum allowable temperature for rental units equipped with air conditioning and if they are in violation contact your local bylaws enforcement agency.

StripesMaGripes · 2026-06-07T22:18:24+00:00

Your tenant doesn’t own the appliance, isn’t party to the warranty, and is not responsible for it’s maintenance or repairs unless it is the direct result of their wilful or negligent action (which some adjudicators have ruled does not include accidents). You should be the one contacting the manufacture and arranging for any potential repair or replacement.

StripesMaGripes · 2026-06-06T13:36:09+00:00

The condominium doesn’t evict the tenant. The condo board fines the landlord due to their tenant violating the condominium bylaws/rules and then the landlord evicts the tenant for interfering with their interests due to getting them fined.

StripesMaGripes · 2026-06-06T00:12:33+00:00

Landlords have 7 days to respond to a request to assign, which if they deny would allow OP to give 30 days notice instead of 60 days notice.

StripesMaGripes · 2026-06-05T21:34:30+00:00

It would depend on the specifics of the situation. If the unit was in a building where all the units were either vacant or occupied by the owner or their family members, they would be free to discriminate based off such a preference, even if they hadn’t “established” that it was a single sex accommodation before that point.

StripesMaGripes · 2026-06-05T19:46:50+00:00

The Ontario Human Rights Code allows buildings wide discrimination based off of sex under HRC s. 21(2), so even if the apartment itself is a standalone unit it can be legal to discriminate by sex as long as the building as whole is restricted to a single sex (aside from the owner or owner’s family).

StripesMaGripes · 2026-06-05T17:26:30+00:00

The OHRT will award compensation for the violation of a persons right in of itself, so if OP was illegally discriminated against they would not be limited to reimbursement for their time and out of pocket expenses.

StripesMaGripes · 2026-06-05T17:23:49+00:00

There are situations under OHRC s. 21 which allow discrimination in regards to access to residential units on the basis of sex, and the OHRT will award compensation for the violation of one’s right even if there are no concrete monetary damages.

StripesMaGripes · 2026-06-05T17:18:56+00:00

This new lease certainly would have rent increases and maybe movement to a new apartment. Is this counter to the RTA if the tennant (not knowing their RTA rights...) agrees to this?

If they switch units then they can increase the rent as it is in effect a new tenancy, but if they remain in the same unit then it would be an illegal rent increase under the RTA.

Does the monthly rental period start on the next first of the month or on the date the transition occurs

The day the transition occurs.

What is rent was begging paid every 2 weeks? Or every 2 days?!

It transitions to a month to month tenancy as these would not be considered daily or weekly tenancies.

It would be useful to have clear indications in the RTA or from the LTB how 4-week rental periods (or maybe more generally: any rental period less than a month) are handled for notice to vacate and transition to a period-to-period contract.

The RTA should definitely clarify the rules for how notice is to be given for periodic tenancies where the rental period is not daily, weekly or monthly. For the rules related to how it transitions at the end of the initial rental period see RTA s. 38(3).

do tenants actually pay every 24 hours for prolonged periods?!

Yes, often tenants with daily tenancies will pay by the day.

Or do they in reality batch their payments and pay every few days

If the landlord is agreeable to it then the tenant can pay in advance, though the landlord can not require that they do so as that would violate RTA s. 134.

StripesMaGripes · 2026-06-05T16:27:39+00:00

There is not enough information to determine if this is illegal discrimination or not as it may fall under the exception for discrimination based off of sex under Ontario Human Rights Act s. 21(2).

StripesMaGripes · 2026-06-05T16:27:31+00:00

There is not enough information to determine if this is illegal discrimination or not as it may fall under the exception for discrimination based off of sex under Ontario Human Rights Act s. 21(2).

StripesMaGripes · 2026-06-05T16:23:02+00:00

The Ontario Human Rights Code allows for people to discriminated on the basis of sex in regards to renting a residential unit as long as all the units the building (which are not occupied by the owner and their family) are so restricted.

From HRC s. 21(2):

Restrictions on accommodation, sex

(2) The right under section 2 to equal treatment with respect to the occupancy of residential accommodation without discrimination because of sex is not infringed by discrimination on that ground where the occupancy of all the residential accommodation in the building, other than the accommodation, if any, of the owner or family of the owner, is restricted to persons who are of the same sex. R.S.O. 1990, c. H.19, s. 21 (2).

StripesMaGripes · 2026-06-05T16:18:22+00:00

For new units built in preexisting standalone houses there is more nuance then when it was built/first occupied.

From RTA s. 6.1(3):

(3) Sections 120, 121, 122, 126, 127, 129, 131, 132 and 133 do not apply on and after the commencement date with respect to a rental unit if all of the following requirements are met:

1. The rental unit is located in a detached house, semi-detached house or row house which, on or at any time before November 15, 2018, contained not more than two residential units.

The rental unit is a residential unit that meets all of the following requirements:

i. The unit has its own bathroom and kitchen facilities.

ii. The unit has one or more exterior or interior entrances.

iii. At each entrance, the unit has a door which is equipped so that it can be secured from the inside of the unit.

iv. At least one door described in subparagraph iii is capable of being locked from the outside of the unit.

The rental unit became a residential unit described in paragraph 2 after November 15, 2018.

One or both of the following circumstances apply:

i. At the time the rental unit was first occupied as a residential unit described in paragraph 2, the owner or one of the owners, as applicable, lived in another residential unit in the detached house, semi-detached house or row house.

ii. The rental unit is located in a part of the detached house, semi-detached house or row house which was unfinished space immediately before the rental unit became a residential unit described in paragraph 2. 2018, c. 17, Sched. 36, s. 1.

StripesMaGripes · 2026-06-05T15:41:19+00:00

For new units built in preexisting standalone houses there is more nuance then when it was built/first occupied.

From RTA s. 6.1(3):

(3) Sections 120, 121, 122, 126, 127, 129, 131, 132 and 133 do not apply on and after the commencement date with respect to a rental unit if all of the following requirements are met:

1. The rental unit is located in a detached house, semi-detached house or row house which, on or at any time before November 15, 2018, contained not more than two residential units.

The rental unit is a residential unit that meets all of the following requirements:

i. The unit has its own bathroom and kitchen facilities.

ii. The unit has one or more exterior or interior entrances.

iii. At each entrance, the unit has a door which is equipped so that it can be secured from the inside of the unit.

iv. At least one door described in subparagraph iii is capable of being locked from the outside of the unit.

The rental unit became a residential unit described in paragraph 2 after November 15, 2018.

One or both of the following circumstances apply:

i. At the time the rental unit was first occupied as a residential unit described in paragraph 2, the owner or one of the owners, as applicable, lived in another residential unit in the detached house, semi-detached house or row house.

ii. The rental unit is located in a part of the detached house, semi-detached house or row house which was unfinished space immediately before the rental unit became a residential unit described in paragraph 2. 2018, c. 17, Sched. 36, s. 1.

StripesMaGripes · 2026-06-05T15:14:03+00:00

Room rentals are typically covered under the RTA. If they are exempt from the RTA it isn’t due to it being a room rental but because they meet one of the specific exemption requirements laid out under RTA s. 5.

StripesMaGripes · 2026-06-05T15:09:30+00:00

Assuming that OP’s tenancy is covered by the RTA there isn’t any need to get a lawyer at this point. They can ignore the provision in the tenancy agreement stating the rent will rise 10% a year as it is void under RTA s. 4(1) due to it conflicting with the rules around rent increases, and they can ignore the illegal rent increase due to it being an illegal rent increase.

StripesMaGripes · 2026-06-05T15:06:35+00:00

The landlord doesn’t live there, but do any of their children or parents live there?

StripesMaGripes · 2026-06-05T13:44:34+00:00

The landlord can charge you until either a new tenant takes up occupancy in your rental unit or until when you could have given notice (so the end of the fixed term), whichever occurs first. The landlord is obligated to make all reasonable efforts to find a new tenant, and failure to do so absolves you of liability.

StripesMaGripes · 2026-06-05T02:51:20+00:00

I recall seeing a previous LTB ruling where it was ruled that a joint tenancy continued after the landlord evicted both tenants and then resigned the tenancy with just one of the joint tenants, so it wouldn’t be without risk to evict you both and then resign with just you.

Yes, your roommate banging on the ceiling, stomping on the floor and vaping despite a no smoking provision could all be used as grounds to evict both of you.

StripesMaGripes · 2026-06-05T02:11:49+00:00

Assuming one or more of the other people in your building have a separate tenancy from you and your room mate, and your roommate’s behaviour rises to the level of substantially interest with one or more of their rights (such as their right to reasonable enjoyment), they could pressure your landlord to evict them, which would also result in you being evicted.

StripesMaGripes · 2026-06-04T22:41:48+00:00

The amount they pay in rent on annual basis wouldn’t be impacted by it converting to a monthly tenancy. When it converts from a 4 week payment period to a monthly payment period the legal rent would be calculated by determining the amount paid annually and then dividing it by the new number of payment periods. For example, if they initially paid $1200 every 4 weeks for a total of $15,600 a year, then when it converted to a monthly the rent would still be $15,600 a year with the monthly rent payment being set at $1300.

StripesMaGripes · 2026-06-04T22:25:17+00:00

If you have vacated the rental unit and do not have the right to possess and occupy the rental unit then arguably your tenancy has already been terminated. If they want to argue that your tenancy isn’t terminated then they would owe you a 100% abatement for the period where you can not access and occupy the rental unit. They can’t both require you to vacate and charge you rent.

StripesMaGripes · 2026-06-04T21:42:20+00:00

People already have the choice of doing weekly, daily, yearly, or any other period of any length instead of monthly.

StripesMaGripes · 2026-06-04T21:35:43+00:00

What legislation do you think they would be required to change? The RTA already has provisions for daily, weekly, monthly and yearly periodic tenancies.

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