Guide to the Jurisdiction of the Landlord and Tenant Board
The Landlord and Tenant Board (LTB) in Ontario is the tribunal that resolves disputes between landlords and tenants, primarily under the Residential Tenancies Act, 2006 (RTA). This guide provides an overview of the LTB’s jurisdiction.
1. Jurisdiction of the LTB
The LTB’s primary function is to adjudicate disputes between landlords and tenants of residential rental properties, including apartments, houses, and rooms in rooming or boarding houses. The Residential Tenancies Act (RTA) governs these disputes and outlines tenant protections, landlord rights, rent regulations, and maintenance standards. However, not all rental situations fall under LTB jurisdiction.
2. Covered Rentals Under the RTA
The LTB covers most residential rental units, but there are exceptions. Types of rentals covered by the RTA include:
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Apartments and houses
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Boarding houses or rooming houses
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Retirement homes
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Sites in mobile home parks or land lease communities
Exclusions: The RTA does not apply in certain situations. For example:
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If the tenant shares a kitchen or bathroom with the landlord or the landlord's immediate family, the rental is not covered.
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Short-term accommodations like hotels or motels, vacation homes, and certain university residences are excluded.
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Non-profit co-operative housing units (except for specific provisions).
3. Roommates vs. Tenants
A critical distinction in LTB cases is the difference between a tenant and a roommate. A tenant is a person who pays rent in exchange for the right to occupy a rental unit under a lease agreement, while a roommate may be someone who shares the space but does not have a direct legal relationship with the landlord under the RTA.
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Roommates: If you are sharing a rental space with the person who has signed the lease (the tenant), and you do not have a separate agreement with the landlord, you are considered a roommate. Roommates generally do not fall under the RTA's protections.
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Tenants: If you have a direct agreement with the landlord, you are considered a tenant and are protected by the RTA. Tenants can apply to the LTB for disputes involving eviction, rent increases, or maintenance.
4. Small Claims Court vs. LTB
Disputes between landlords and tenants are exclusively handled by the LTB, but historically there were instances where the Small Claims Court had jurisdiction where the the landlord was seeking compensation for damages or unpaid rent after the tenant moved out, where the tenant vacated before September 1, 2021, before the amendments to the RTA took effect. However, if the tenant vacated after September 1, 2021, the LTB would have exclusive jurisdiction over former tenants.
5. Monetary Limits
The Landlord and Tenant Board (LTB) has a monetary limit for the claims it can handle. As of the most recent updates, the LTB can hear claims up to $35,000 for matters such as rent arrears or damages to the rental unit.
For disputes that exceed this limit, landlords or tenants will need to pursue their claim in Superior Court if the claim is greater than $35,000.
6. Evictions and Remedies
Both landlords and tenants can file applications with the LTB for remedies under the RTA, such as:
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Landlords can apply to evict a tenant for non-payment of rent, damages, illegal activity, or personal use of the unit.
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Tenants can apply for rent reductions, compensation for maintenance issues, and disputes regarding illegal evictions.
7. Key Exemptions from the RTA
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Accommodations where the tenant shares a bathroom or kitchen with the landlord or their family.
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Seasonal or temporary accommodations (e.g., cottages, hotels).
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Properties used for penal or correctional purposes.
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Employment-related housing where occupancy is tied to the tenant’s job.