What Are My Rights When Filing a Complaint Against a Landlord?

Going through landlord-tenant disputes can be challenging, especially when you’re thinking about filing a complaint against a landlord. It’s important to understand your rights to ensure fair treatment and protect your interests.

This guide will help you outline your rights and provide you with clear steps to take when you have issues with your landlord. Whether you are facing poor living conditions, dealing with disagreements over lease terms, or experiencing harassment, knowing how to approach these challenges can help you achieve a favorable resolution.

We'll explore common scenarios that lead tenants to file complaints, the legal protections available to you, and the processes you should follow to present your case effectively. Let’s get started on understanding your rights and the actions you can take to advocate for yourself.

Understanding Your Tenant Rights   

Tenant rights protect you from unfair practices and ensure that landlords provide safe living conditions.

Key rights you should know include:

• Right to a habitable living space: Landlords are required to maintain safe and livable conditions in your home.

• Protection from illegal eviction: You cannot be evicted without appropriate notice and legal justification.

It's important to familiarize yourself with the Residential Tenancies Act, 2006, which governs landlord-tenant relations in Ontario.

Knowing these rights can guide your actions during a dispute and strengthen your complaint if necessary.

Royal York Property Management offers comprehensive support for understanding your tenant rights and helping tenants navigate landlord interactions effectively.

Pre-Complaint Procedures   

Before making a formal complaint, it’s best to try and resolve issues with your landlord directly. Sometimes, talking things out can help clear up misunderstandings.

If that doesn’t work, you may need to take further steps. Being organized can help if your complaint needs to go to a different level. Here are some steps to follow:

• Gather evidence to support your claims.

• Write all conversations with your landlord.

• Keep copies of any important emails or letters.

It’s important to keep detailed records of your attempts to fix the problem. These records will be helpful if you need mediation or legal action later on.

Where to File a Landlord Complaint   in Canada 

It's important to know where to file your complaint for a quick resolution. There are several places you can go for help with landlord issues.

Depending on where you live and what your problem is, you might consider these options:

• Local housing authorities

• Regulatory agencies

• Tenant unions

• Advocacy groups

Each option has different duties, so pick the one that fits your situation best.

• Human Rights Tribunal of Ontario: Toll-Free: 1-866-598-0322

• Human Rights Legal Support Centre: Toll-Free: 1-866-625-5179

• Ontario Human Rights Commission: Offers information on human rights and housing.

• Ministry of Municipal Affairs and Housing: Contact at 1-888-772-9277 or apply through the Landlord and Tenant Board.

Regional Ministry Offices   

If you have inquiries about land use planning in Ontario, contact one of the Ministry’s regional offices:

• Central (Toronto): 416-585-6226 | 800-668-0230 (toll-free)

• Western (London): 519-873-4020 | 800-265-4736 (toll-free)

• Eastern (Kingston): 613-548-4304 | 800-267-9438 (toll-free)

• Northeastern (Sudbury): 705-564-0120 | 800-461-1193 (toll-free)

• Northwestern (Thunder Bay): 807-475-1651 | 800-465-5027 (toll-free)

The Complaint Process in Ontario   

In Ontario, filing a complaint against a landlord follows specific procedures designed to protect tenant rights and ensure compliance with local laws.

To begin, tenants must gather evidence and document their issues. This documentation can include photos, emails, and a detailed log of all interactions with the landlord.

When you're ready to file the complaint, you'll need to provide specific information, such as:

• Your contact details

• The landlord's contact details

• A clear description of the complaint, including dates and incidents

• Supporting documentation, like any notices or relevant emails

Once you have all the necessary information, submit your complaint to the appropriate authority, which may be the Landlord and Tenant Board or a local housing authority.

If your complaint involves an issue under the Residential Tenancies Act, the Rental Housing Enforcement Unit (RHEU) will assess the matter.

Filing a Complaint with the Rental Housing Enforcement Unit (RHEU)   

If direct communication does not resolve your issue and you believe your landlord has committed an offense under the RTA, you can file a complaint with Ontario’s Rental Housing Enforcement Unit (RHEU). This unit specifically handles cases where there may be violations of the Act.

Steps to File a Complaint:  
  

1. Contact the RHEU: Call the RHEU at 416-585-7214 (or toll-free at 1-888-772-9277) to file your complaint.

2. Provide Required Details: Include:

• Your name and contact information

• The landlord’s contact information

• A description of the complaint, including dates and what occurred

• Supporting documentation, such as notices or email exchanges

Note: The RHEU does not accept anonymous complaints.

Role of the Landlord and Tenant Board   

The Landlord and Tenant Board (LTB) plays an important role in Ontario's complaint process. It adjudicates disputes and enforces the Residential Tenancies Act.

The LTB handles various issues, including maintenance problems and lease violations. Tenants can file applications online or in person to seek a hearing.

During the hearing, the board reviews evidence and determines the outcome. If the landlord is found in violation, the board can impose remedies, including repairs or financial compensation.

After Filing the Complaint: What to Expect   

Once a complaint is filed, the process enters a new phase, and tenants should be prepared for different timelines based on the complexity of the issue.

Initially, the relevant authority will review the complaint and the evidence provided. They may request additional information to understand the situation fully.

If the issue falls under the Residential Tenancies Act (RTA), the Rental Housing Enforcement Unit (RHEU) will take specific steps:

1. Contact the Landlord: The RHEU may inform your landlord about the complaint and suggest options to resolve it.

2. Follow Up: They will check to see if the landlord has addressed the issue.

3. Formal Investigation: If the landlord does not comply, the RHEU may initiate an investigation, which could lead to formal charges requiring either party to appear in court.

After this initial process, a hearing or mediation session may be scheduled. During this session, both parties can present their cases, and an effort will be made to resolve the dispute. This structured approach helps ensure that tenants' concerns are addressed effectively.

Possible Outcomes and Resolutions   

When a complaint is resolved, the outcome can vary. If the landlord is found at fault, they may be ordered to make necessary repairs or pay financial compensation to the tenant.

Another possible outcome is mediation, where both parties come to a compromise. This option can be beneficial as it helps avoid lengthy legal battles.

If the complaint lacks sufficient evidence, it may be dismissed. This highlights the importance of keeping thorough documentation and communicating clearly from the beginning.

If the Rental Housing Enforcement Unit (RHEU) pursues charges and the landlord is found guilty, they could face penalties, including fines of up to $50,000 for individual landlords and up to $250,000 for corporations.

Additionally, the Ministry of Municipal Affairs and Housing may publish details of the conviction, especially for repeat offenders. This transparency helps protect tenants and encourages landlords to comply with the law.

Protecting Yourself Against Retaliation   

Filing a complaint can sometimes lead to worry about potential backlash from the landlord. However, various laws exist to protect tenants from retaliatory actions.

Retaliation can include unjust rent increases, eviction threats, or unnecessary inspections. Tenants should know their rights and report any retaliatory behavior promptly to the appropriate authorities.

Understanding these protections helps tenants feel secure in asserting their rights without fear of negative consequences. Awareness and vigilance are key to maintaining a fair and balanced relationship with your landlord throughout the dispute process.

Final Thoughts   

Knowing your rights and the complaint process can help you deal with problems with your landlord. Always keep good records, communicate clearly, and ask for help from advocacy groups when needed.

Royal York Property Management is here to help tenants understand their rights and duties. If you have issues with your landlord, contact us for support and guidance to handle these challenges.

Edona Shala
T.  (833) 666-3306
E.  [email protected]
W. royalyorkpropertymanagement.ca