Landlords and property managers should educate themselves on their rights, responsibilities and the frequently changing rental legislation. As each municipality/city and province/state varies, it is important for a landlord to consult their local landlord-tenant board for their specific regulations.


There are a variety of laws regarding each step of the rental process, which starts prior to the rental unit being advertised. It is important for a landlord to consider compliance with municipal property standards, zoning by-laws, fire safety regulations, local building codes and any required rental licensing.  After ensuring compliance, there are multiple pre-lease details to consider.


Advertising Vacancies
It is important to be aware of and avoid the use discriminatory wording. The general rule of thumb is to describe the rental unit, not the ideal tenant.


Deposits
There are a variety of deposit restrictions that vary, depending on the area:


1. Rent Deposit:
One of two deposits allowed in Ontario. The maximum amount varies per state/province and is often interest accruing. This is sometimes referred to as "last month's rent".


2. Key Deposit:
The second deposit permitted in Ontario. It is often allowed as long as it is “not greater than the expected direct replacement costs”, but varies per state/province as well. Once the tenant returns the keys, a landlord must refund the deposit back to the tenant.


3. Security Deposit:
If a tenant pays rent on time and keeps the rental unit in good condition, then the tenant is entitled to get the security deposit back. The maximum amount depends on the state/province. A security deposit is common within the United States and some parts of Canada.


4. Pet Deposit or Fee: 
The amount of a pet deposit, pet fee, pet rent and the overall prohibiting of pets varies per area and are only legal in certain states/provinces. There are also some exceptions such as landlord or tenant allergies. Emotional support animals can be another exception.  In many areas, service animals are not considered pets, but some require training, certification or government-issues ID cards.

On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act comes into force.
The Canadian Real Estate Association (CREA) has just informed all boards across Canada that as of today, December 9, the government has still not released the supporting regulations for the law. Regulations typically include definitions, exceptions, and enforcement elements to help individuals understand and comply with the law. CREA has been told they would be receiving a communication this week, but received word there was another delay yesterday.
In the absence of new details, this information published in News2Me in September continues to be accurate.
In October, CREA formally wrote to the Ministers responsible for the Act and asked for a delay to the coming into force of the legislation. They still have not received a response.

CREA has indicated that this is totally unacceptable, and they, as well as other affected groups, have made multiple interventions to the government to indicate as much. This week, CREA's CEO, Michael Bourque, made the following statement at the Senate Committee on National Finance.
As soon as any guidance is released, CREA will notify boards, associations and REALTORS®. They know this is a very difficult situation for our Members and will continue to press for answers and information.
What You Need to Know about the Prohibition on the Purchase of Residential Property by Non-Canadians (Foreign Buyers Ban)

The City of Toronto Garden Suites By-law is now in full force after the Ontario Land Tribunal (OLT) dismissed an appeal. The Garden Suites By-law and Official Plan Amendment were adopted by Toronto City Council on February 2, but were appealed shortly after. On July 4, 2022, the OLT decided that it did not have jurisdiction to hear the appeals, and dismissed them. Read the full City of Toronto news release.
TRREB is encouraged by this decision, as we have worked closely with the City on allowing garden suites as-of-right across the city. This will now allow a greater variety in the type and form of housing that can be built as part of the City’s Expanding Housing Options in Neighbourhoods (EHON) program focused on missing middle housing and gentle intensification. Garden suites are not only a solution to increase housing choice for current and future residents, but can also provide help to homeowners to offset mortgage payments on their primary residences.
If a proposed garden suite meets various performance criteria, such as maximum building height and setbacks, as well as all applicable bylaw standards, only a building permit application is required.
Any garden suite proposal that does not meet the Zoning By-law requirements can seek a minor variance application at the Committee of Adjustment. Through that process, City Planning staff review the application to determine if the proposed variances are appropriate and meet the intent of the Official Plan policies and the Zoning By-law.
You are encouraged to check out the City of Toronto Garden Suites By-law to learn about the rules, regulations and key considerations in order to inform their clients if they wish to consider adding a garden suite to their primary residence.

Toronto City Council has approved an increase to development charges that will be phased in over a two-year period in an attempt to manage the impact on community development.
Charges for residential and non-residential buildings have been increased. Half of the increase amount will be implemented on May 1, 2023, with the full rates coming into effect one year later.
Despite these aggressive increases in development charges spurred by a change in provincial law that requires municipalities to review their current fee structure, it is encouraging for missing middle housing supply that an amendment was approved that provides exemptions for multiplexes with four or fewer units. What this means is that development charges would be waived on second, third, and fourth units on a single lot.
The following scenarios are provided for further clarification on the new exemption:

1. Should a homeowner decide to add a second, third or fourth unit to an existing dwelling, they are exempt from paying development charges on the second, third and fourth units;
2. Should a homeowner demolish an existing single unit home and build up to four new units on that same lot, the rebuilt first unit would not be subject to development charges, and neither will be the second, third or fourth unit;
3. Should a homeowner decide to build a new fourplex on a lot which did not formerly have any residential units, the first unit would be subject to development charges, but the second, third and fourth units will be exempt from those charges.

More information on how development charges apply to redevelopment and demolitions can be found in section 415-7 C) 1. a) on page 13 of the new development charge by-law.
This exemption was brought forward as a way to encourage more missing middle housing, something that TRREB has been strongly advocating for, and working closely with elected municipal officials and City staff for many years.

The City of Toronto has announced an enhanced Home Energy Loan Program (HELP) that will offer zero-interest loans and incentives to help homeowners in Toronto make their homes more energy-efficient and reduce the emissions contributing to climate change. The HELP program has been in existence since 2014, but it has now been enriched and expanded.
For a limited time, through the enhanced HELP program, Toronto homeowners will be able to access:
Zero-interest loans of up to $125,000 for terms of up to 15 years; 20-year terms are available for retrofits that include rooftop solar PV, geothermal, new windows and electric heat pumps.
Incentives for specific measures including electric heat pumps, which can replace a home’s natural gas furnace and air conditioner; rooftop solar PV and deep retrofits that significantly reduce a home’s emissions.The Government of Canada provided funding to enhance the program through the Green Municipal Fund, administered by the Federation of Canadian Municipalities (FCM), including a loan of up to $9.712 million to fund the zero-interest loans and a grant of up to $4.856 million.
The new zero-interest loans and incentives will be available until the funding allocated for each is fully subscribed, after which homeowners can continue to access low-interest loans. Home improvements eligible for financing include:

• electric heat pumps
• insulation (attic, wall, basement)
• upgraded windows/doors
• air sealing
• geothermal systems
• rooftop solar PV
• tankless water heaters
• solar hot water systems
• EV charging stations (Level 2)
• battery storage and more.

Eligibility has been expanded to include tax-exempt properties (e.g., non-profit homes, supportive housing, rooming houses) in addition to the currently eligible detached, semi-detached, row/townhouses, and duplex and triplex apartment buildings.
In addition to the loans and incentives available through HELP, homeowners may also be eligible for the federal government’s Canada Greener Homes Grant of up to $5,000.
TRREB is encouraged about the launch of the enhanced HELP program, as we have worked closely with City staff in ensuring that homeowners have the necessary financial incentives and supports to undergo costly energy-efficient retrofits on a voluntary basis. The City’s HELP program supports the goals and objectives of TRREB’s first-ever climate change statement, and we look forward to continue working with the City in educating our Members on the HELP program in particular, and on the sustainability and climate action issue in general.
More information about HELP is available on the City’s Home Energy Loan Program webpage.
NOTE: The HELP application available on this PDF form is the only valid application for this program. Other websites outside of toronto.ca that offer applications for the HELP program are not legitimate.

The City of Toronto Garden Suites By-law is now in full force after the Ontario Land Tribunal (OLT) dismissed an appeal. The Garden Suites By-law and Official Plan Amendment were adopted by Toronto City Council on February 2, but were appealed shortly after. On July 4, 2022, the OLT decided that it did not have jurisdiction to hear the appeals, and dismissed them. Read the full City of Toronto news release.
TRREB is encouraged by this decision, as we have worked closely with the City on allowing garden suites as-of-right across the city. This will now allow a greater variety in the type and form of housing that can be built as part of the City’s Expanding Housing Options in Neighbourhoods (EHON) program focused on missing middle housing and gentle intensification. Garden suites are not only a solution to increase housing choice for current and future residents, but can also provide help to homeowners to offset mortgage payments on their primary residences.
If a proposed garden suite meets various performance criteria, such as maximum building height and setbacks, as well as all applicable bylaw standards, only a building permit application is required.
Any garden suite proposal that does not meet the Zoning By-law requirements can seek a minor variance application at the Committee of Adjustment. Through that process, City Planning staff review the application to determine if the proposed variances are appropriate and meet the intent of the Official Plan policies and the Zoning By-law.
Members are encouraged to check out the City of Toronto Garden Suites By-law to learn about the rules, regulations and key considerations in order to inform their clients if they wish to consider adding a garden suite to their primary residence.

The City of Toronto has announced an enhanced Home Energy Loan Program (HELP) that will offer zero-interest loans and incentives to help homeowners in Toronto make their homes more energy-efficient and reduce the emissions contributing to climate change. The HELP program has been in existence since 2014, but it has now been enriched and expanded.
For a limited time, through the enhanced HELP program, Toronto homeowners will be able to access:

• Zero-interest loans of up to $125,000 for terms of up to 15 years; 20-year terms are available for retrofits that include rooftop solar PV, geothermal, new windows and electric heat pumps.
• Incentives for specific measures including electric heat pumps, which can replace a home’s natural gas furnace and air conditioner; rooftop solar PV and deep retrofits that significantly reduce a home’s emissions.

The Government of Canada provided funding to enhance the program through the Green Municipal Fund, administered by the Federation of Canadian Municipalities (FCM), including a loan of up to $9.712 million to fund the zero-interest loans and a grant of up to $4.856 million.
The new zero-interest loans and incentives will be available until the funding allocated for each is fully subscribed, after which homeowners can continue to access low-interest loans. Home improvements eligible for financing include:

• electric heat pumps
• insulation (attic, wall, basement)
• upgraded windows/doors
• air sealing
• geothermal systems
• rooftop solar PV
• tankless water heaters
• solar hot water systems
• EV charging stations (Level 2)
• battery storage and more.

Eligibility has been expanded to include tax-exempt properties (e.g., non-profit homes, supportive housing, rooming houses) in addition to the currently eligible detached, semi-detached, row/townhouses, and duplex and triplex apartment buildings.
In addition to the loans and incentives available through HELP, homeowners may also be eligible for the federal government’s Canada Greener Homes Grant of up to $5,000.
TRREB is encouraged about the launch of the enhanced HELP program, as we have worked closely with City staff in ensuring that homeowners have the necessary financial incentives and supports to undergo costly energy-efficient retrofits on a voluntary basis. The City’s HELP program supports the goals and objectives of TRREB’s first-ever climate change statement, and we look forward to continue working with the City in educating our Members on the HELP program in particular, and on the sustainability and climate action issue in general.
More information about HELP is available on the City’s Home Energy Loan Program webpage.
NOTE: The HELP application available on this PDF form is the only valid application for this program. Other websites outside of toronto.ca that offer applications for the HELP program are not legitimate.

NEWS RELEASE Ontario Caps 2023 Rent Increase Guideline Below Inflation at 2.5 Per Cent
June 29, 2022

Municipal Affairs and Housing

Ontario’s rent increase guideline for 2023 is 2.5 per cent, below current rates of inflation. The rent increase guideline is the maximum amount a landlord can increase rent during the year for most tenants without the approval of the Landlord and Tenant Board.

The guideline is based on Ontario’s Consumer Price Index, a measure of inflation calculated monthly by Statistics Canada using data that reflects economic conditions over the past year. Due to recent inflation, this would result in a 2023 guideline of 5.3 per cent, however the guideline is capped to help protect tenants from significant rent increases.

“As Ontario families face the rising cost of living, our government is providing stability and predictability to the vast majority of tenants by capping the rent increase guideline below inflation at 2.5 per cent,” said Steve Clark, Minister of Municipal Affairs and Housing. “We continue to look for ways to make homes more attainable for hardworking Ontarians, while making it easier to build more houses and rental units to address the ongoing supply crisis.”

The guideline applies to the vast majority – approximately 1.4 million – of rental households covered by the Residential Tenancies Act. It does not apply to rental units occupied for the first time after November 15, 2018, vacant residential units, community housing, long-term care homes or commercial properties.

Rent increases are not automatic or mandatory. Landlords may only raise rent if they gave tenants at least 90 days’ written notice using the correct form. In addition, at least 12 months must have passed since the first day of the tenancy or the last rent increase. If a tenant believes they have received an improper rent increase, they can apply to the Landlord and Tenant Board to request a correction.

Quick Facts

The 2023 rent increase guideline is applicable to most rent increases between January 1 and December 31, 2023.

In most cases, the rent increase cannot be more than the rent increase guideline. Landlords can apply to the Landlord and Tenant Board for above-guideline rent increases, under certain circumstances, such as after eligible capital work has been paid for and finished.

Tenants who may need help to pay their rent are encouraged to contact their local service manager to see what housing supports are available in their community.

Additional Resources

Learn more about renting in Ontario and your rights as a tenant, including easy-to-understand rental leases and protections against wrongful or bad faith evictions. Learn about the rules for rent increases, including rent increase guidelines and resolving issues about rent control. Use Navigate Tribunals Ontario to learn about your rights and responsibilities and the rules and processes at the Landlord and Tenant Board. Visit Ontario’s website for information on how to solve a disagreement with your landlord or tenant, and learn how we can help if a landlord or tenant breaks a rule under the Residential Tenancies Act.

Based on the Ontario Consumer Price Index (CPI), the guideline on rent increases for 2022 in Ontario is 1.2 per cent.
The guideline applies to most residential rental accommodations covered by the Residential Tenancies Act. It does not apply to rental units in buildings occupied for the first time after November 15, 2018, social housing units, long-term care homes or commercial property.
The rent increase guideline is the maximum most landlords can raise a tenant's rent without the approval of the Landlord and Tenant Board (LTB). It is applicable to most rent increases between January 1 and December 31, 2022.
Landlords may only raise rent if they gave tenants at least 90 days written notice using the correct form. In most cases, the rent increase cannot be more than the rent increase guideline. In addition, at least 12 months must have passed since the first day of the tenancy or the last rent increase. If a tenant believes they have received an improper rent increase, they may dispute it at the LTB within 12 months.
Due to the pandemic, and to support tenants, Ontario froze rent for the vast majority of tenants in 2021, so the 2021 rent increase guideline was set at 0 per cent.

The Ontario government is introducing a new Code of Ethics for home builders to further strengthen protections for buyers and owners of new homes. The changes will come into effect on July 1, 2021, and will support greater transparency through the new home buying process for all Ontarians, while improving a standard of work and professionalism that reflects the best of Ontario’s homebuilding industry.
In general, the new code encourages licensed builders to behave with integrity, honesty and not intimidate or coerce potential buyers. A key requirement is that builders “shall be clear and truthful in describing the features, benefits and prices connected with a new home.” The code also seeks to ensure that any advertising related to new homes is not “false, misleading, deceptive or illegal.” 
​In addition to the Code of Ethics, the province will provide the Home Construction Regulatory Authority (HCRA) – responsible for licensing new home builders – with a new discipline committee and appeals committee process to make it easier for homeowners and buyers to settle disputes and hold bad actors accountable. HCRA has the right to deny licences if it feels builders are not adhering to the provisions of the Code of Ethics. 
You can read the province’s new release for more information here.