- There is no separate Landlord and Tenant Board Act; the LTB applies the Residential Tenancies Act.
- The Act covers most private residential rentals, including houses, apartments, condominiums and basement apartments.
- Some arrangements are exempt, such as hotel stays for the travelling public and sharing a kitchen or bathroom with the landlord.
- If you are unsure whether the Act applies, Form A1 asks the LTB to decide.
Many people search for the Landlord and Tenant Board Act when they have a problem with a rental. The name is understandable, but it is not the name of a law.
This article explains which law actually applies, what it covers, and which living arrangements fall outside it. This is general information, and a lawyer can confirm how it applies to your arrangement.
The short answer: it is the Residential Tenancies Act
There is no separate Landlord and Tenant Board Act. The Landlord and Tenant Board applies the Residential Tenancies Act.
The statute is the Residential Tenancies Act, 2006, S.O. 2006, c. 17, often called the RTA. The LTB is the tribunal, part of Tribunals Ontario, where landlords and tenants resolve disputes and end tenancies under that law.
What the RTA covers
The RTA sets out the rights and responsibilities of landlords and tenants of residential rental properties. These include apartments, houses, rooms in rooming or boarding houses, care homes, retirement homes, and mobile home park or land lease sites.
Ontario's guide to the standard lease says the RTA applies to most private residential rental units, including houses, semi-detached houses, apartments, condominiums and secondary units such as basement apartments.
Rentals the RTA does not cover
Section 5 of the Act lists exemptions, and sections 5.1, 5.2 and 6 deal with further ones. Section 5 begins with the words "This Act does not apply with respect to" and then lists the exempt situations.
| Situation | Is the RTA excluded? |
|---|---|
| Accommodation for the travelling or vacationing public, or occupied for a seasonal or temporary period, in a hotel, motel, motor hotel, resort, lodge or tourist camp | Yes, listed in s. 5 |
| Care home accommodation occupied for short-term respite care | Yes, listed in s. 5 |
| Accommodation provided as part of a program described in s. 5.1(2), where there is a compliant written agreement | Yes, under s. 5.1(1) |
| A tenant who must share a kitchen or bathroom with the landlord | Yes, according to the LTB's guide |
| Long-term care home residents | Not under the RTA |
Other housing is only partly affected. Many rent rules do not apply to non-profit and public housing or university and college residences, but rules such as maintenance and eviction reasons still apply.
The standard lease should not be used for accommodation that is exempt under section 5.
An exemption cannot undo a tenancy the Act already covers
An exemption in section 5 does not apply to living accommodation that is subject to a tenancy to which the Act applies, unless that tenancy has first been terminated in accordance with the Act. In plain terms, a landlord cannot simply declare a rental exempt to avoid the rules.
Whether an arrangement is exempt often depends on the specific facts, so it is worth getting advice if the answer is not obvious.
Roommates and discrimination: not LTB matters
A tenant cannot file an LTB application against a co-tenant or roommate. Discrimination in refusing to rent goes to the Human Rights Tribunal of Ontario rather than the LTB, except for deposit and handover issues under RTA section 107.
What to do next
If you cannot tell whether the RTA covers your arrangement, the LTB has an application for that question. Form A1, the Application about whether the RTA applies, is used to determine whether the Act applies, and its fee is $53.
- Write down who owns or manages the place and whether you share a kitchen or bathroom with them.
- Gather your lease or any written agreement, even a short one.
- Note whether the stay is temporary, seasonal, part of a program, or a regular home.
- Keep rent receipts, messages and notices.
- Consider Form A1 if the question is genuinely unclear.
- Speak with a lawyer or legal clinic before acting on an assumption that the RTA does not apply.
Frequently asked questions
Is the Landlord and Tenant Board a law?
No. The LTB is a tribunal that is part of Tribunals Ontario, and it applies the Residential Tenancies Act. There is no separate Landlord and Tenant Board Act.
Does the RTA apply to a basement apartment?
Ontario's guide says the RTA applies to most private residential rental units, including secondary units such as basement apartments. A shared kitchen or bathroom with the landlord can change the answer.
Does the RTA apply to a hotel or motel stay?
Living accommodation intended for the travelling or vacationing public, or occupied for a seasonal or temporary period, in a hotel, motel or resort is listed as exempt in section 5. An exemption does not apply to a tenancy the Act already covers, unless that tenancy was first terminated under the Act.
How can I find out for sure if the RTA applies to me?
You can file Form A1 with the LTB, which is the application about whether the RTA applies. The fee is $53. A lawyer can also review your facts and tell you what is likely.
Sources
- Tribunals Ontario – LTB — tribunalsontario.ca
- LTB Brochure – A Guide to the Residential Tenancies Act — tribunalsontario.ca
- e-Laws – Residential Tenancies Act, 2006 — Ontario e-Laws
- e-Laws – Residential Tenancies Act, 2006 — Ontario e-Laws
- Ontario.ca – Guide to Ontario's standard lease — ontario.ca
- Tribunals Ontario – LTB Forms, filing and fees — tribunalsontario.ca
- LTB Interpretation Guideline 17: Human Rights — tribunalsontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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