What can a tenant do if their landlord does not turn on the heat?

Heat is a vital service. If the landlord is responsible for providing heat and
the landlord does not provide heat to the standards identified in the previous q
uestion, the landlord may be committing an offence. You may call the Investigat
ions and Enforcement Unit of the Ministry of Municipal Affairs and Housing at 1888-772-9277 or 416-585-7214 (if calling from the Toronto area).

Responsibilities of Landlords
Landlord's responsibility to repair
20. (1) A landlord is responsible for providing and maintaining a residential co
mplex, including the rental units in it, in a good state of repair and fit for h
abitation and for complying with health, safety, housing and maintenance standar
ds. 2006, c. 17, s. 20 (1).
Same
(2) Subsection (1) applies even if the tenant was aware of a state of non-repair
or a contravention of a standard before entering into the tenancy agreement. 20
06, c. 17, s. 20 (2).
Landlord's responsibility re services
21. (1) A landlord shall not at any time during a tenant's occupancy of a rental
unit and before the day on which an order evicting the tenant is executed, with
hold the reasonable supply of any vital service, care service or food that it is
the landlord's obligation to supply under the tenancy agreement or deliberately
interfere with the reasonable supply of any vital service, care service or food
. 2006, c. 17, s. 21 (1).
Non-payment
(2) For the purposes of subsection (1), a landlord shall be deemed to have withh
eld the reasonable supply of a vital service, care service or food if the landlo
rd is obligated to pay another person for the vital service, care service or foo
d, the landlord fails to pay the required amount and, as a result of the non-pay
ment, the other person withholds the reasonable supply of the vital service, car
e service or food. 2006, c. 17, s. 21 (2).
Landlord not to interfere with reasonable enjoyment
22. A landlord shall not at any time during a tenant's occupancy of a rental uni
t and before the day on which an order evicting the tenant is executed substanti
ally interfere with the reasonable enjoyment of the rental unit or the residenti
al complex in which it is located for all usual purposes by a tenant or members
of his or her household. 2006, c. 17, s. 22.
Landlord not to harass, etc.
23. A landlord shall not harass, obstruct, coerce, threaten or interfere with a
tenant. 2006, c. 17, s. 23.
Changing locks
24. A landlord shall not alter the locking system on a door giving entry to a re

ntal unit or residential complex or cause the locking system to be altered durin
g the tenant's occupancy of the rental unit without giving the tenant replacemen
t keys. 2006, c. 17, s. 24.
Privacy
25. A landlord may enter a rental unit only in accordance with section 26 or 27.
2006, c. 17, s. 25.
Entry without notice
Entry without notice, emergency, consent
26. (1) A landlord may enter a rental unit at any time without written notice,
(a) in cases of emergency; or
(b) if the tenant consents to the entry at the time of entry. 2006, c. 17, s
. 26 (1).
Same, housekeeping
(2) A landlord may enter a rental unit without written notice to clean it if the
tenancy agreement requires the landlord to clean the rental unit at regular int
ervals and,
(a) the landlord enters the unit at the times specified in the tenancy agree
ment; or
(b) if no times are specified, the landlord enters the unit between the hour
s of 8 a.m. and 8 p.m. 2006, c. 17, s. 26 (2).
Entry to show rental unit to prospective tenants
(3) A landlord may enter the rental unit without written notice to show the unit
to prospective tenants if,
(a) the landlord and tenant have agreed that the tenancy will be terminated
or one of them has given notice of termination to the other;
(b) the landlord enters the unit between the hours of 8 a.m. and 8 p.m.; and
(c) before entering, the landlord informs or makes a reasonable effort to in
form the tenant of the intention to do so. 2006, c. 17, s. 26 (3).
Entry with notice
27. (1) A landlord may enter a rental unit in accordance with written notice giv
en to the tenant at least 24 hours before the time of entry under the following
circumstances:
1. To carry out a repair or replacement or do work in the rental unit.
2. To allow a potential mortgagee or insurer of the residential complex to v
iew the rental unit.
3. To allow a person who holds a certificate of authorization within the mea
ning of the Professional Engineers Act or a certificate of practice within the m

eaning of the Architects Act or another qualified person to make a physical insp
ection of the rental unit to satisfy a requirement imposed under subsection 9 (4
) of the Condominium Act, 1998.
4. To carry out an inspection of the rental unit, if,
i. the inspection is for the purpose of determining whether or not the r
ental unit is in a good state of repair and fit for habitation and complies with
health, safety, housing and maintenance standards, consistent with the landlord
's obligations under subsection 20 (1) or section 161, and
ii. it is reasonable to carry out the inspection.
5. For any other reasonable reason for entry specified in the tenancy agreem
ent. 2006, c. 17, s. 27 (1).

Illegal Lockouts
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Can my landlord lock me out?
It is illegal for your landlord to lock you out of your unit. You cannot be for
ced to move out unless your landlord has a legal reason to end the tenancy and y
our landlord has applied for, and received, an eviction order from the Landlord
and Tenant Board (the Board). An eviction order is a Board order that tells you
that you must move out of your unit.
Who can legally force me out of my unit?
In most cases, a landlord is required to give a tenant a Notice of Termination.
Then, if the tenant doesn t leave as requested, the landlord must file an applica
tion with the Board for an eviction order. The tenant is required to move out o
nly if the Board decides that the tenant must be evicted and the Board issues an
eviction order.
If the Board issues an eviction order and the tenant doesn t leave on their own by
the date stated in the eviction order, the landlord must file the order with th
e Court Enforcement Office (Sheriff) to have the Sheriff come to make sure that
the tenant leaves the rental unit. The Sheriff is the only person who is allowe
d to force a tenant to move out of their unit.
What can I do if my landlord locks me out of my unit?
If your landlord locks you out or evicts you illegally, you can:
Call the Police
If you need immediate or emergency assistance, call the police. It helps if
you have identification to prove your address. The police may be able to get y

our landlord to let you back into your unit.

Call the Investigation and Enforcement Unit (IEU) of the Ministry of Municip
al Affairs and Housing
After talking with you, a Compliance/Customer Service Officer may call the l
andlord and inform them of the law. Sometimes this will resolve the problem. I
f the landlord does not cooperate, an investigation may be started and the landl
ord may be taken to court.
In the Greater Toronto Area (GTA), the phone number for the IEU is 416-585-7214,
and if you re calling from outside the GTA, you can call the toll-free number at
1-888-772-9277. Staff members are available to speak with you, Monday to Friday
from 8:30 a.m. to 4:30 p.m.
What else can I do if my landlord locks me out of my unit?
File an application with the Board
You can file an Application About Tenant Rights (Form T2) with the Board for
an order requiring your landlord to let you back into your unit and continue yo
ur tenancy. There is no fee for this application. (See Filing an application to
get back into your unit below for more information).
Get legal advice
You can talk to a lawyer, someone at a legal clinic, or a paralegal who can
give you advice on what you should do if you have been locked out. You can find
a list of legal clinics on our website in the Other Help section or you can cal
l the Board.
Getting Back into the Rental Unit
Filing an application to get back into your unit
If you have been illegally locked out or evicted by your landlord, you can file
the Application About Tenant Rights (Form T2) to ask the Board for an order requ
iring your landlord to let you back into your unit and continue your tenancy. I
t is important that you act quickly, as it will be much more difficult to get ba
ck into your unit if the landlord rents it to someone else before your hearing.
You should also fill in the Request to Extend or Shorten Time form to ask for an
urgent hearing if you want to move back into your unit. (See How do I ask for an
earlier hearing date? on page 3 for more information).
How do I file an application?
You can fill out the Application About Tenant Rights (Form T2) and file it with
the Board either in person, by fax or by mail. You can get this application and
the instructions on how to complete it at any Board office or from our website.
What happens when I file my application?
When you file the completed application to the Board, staff will schedule a hear
ing. The Board schedules a hearing as soon as possible, but your hearing date m
ay not be for several weeks.
If your situation is urgent, you can ask for an earlier hearing date by filling
out a Request to Extend or Shorten Time. (See How do I ask for an earlier hearin
g date? on page 3 for more information).

How do I ask for an earlier hearing date?

If your situation is urgent and you need an earlier hearing date, you can ask th
at the time to hearing be shortened. Staff will give you a form called Request
to Extend or Shorten Time. This form is also available on our website.
On the form, you will need to explain why your situation is urgent. When you fi
le this request, a Member of the Board will decide whether or not to give you an
earlier hearing date. The decision is made as quickly as possible, sometimes e
ven on the day that you file your request.
On this form you may also ask that the Board make an interim order preventing th
e landlord from renting the unit to anyone else before the hearing is held.
Give your landlord a copy of the application and Notice of Hearing
Once the hearing has been scheduled, Board staff will give you two copies of the
Notice of Hearing which sets out the time, date and location of your hearing, a
s well as two copies of your application. You should keep one copy of both the
Notice of Hearing and your application for yourself. The second copy is for you
to give to your landlord.
It is important that you give the landlord (or their representative) copies of b
oth the Notice of Hearing and the application right away, the same day if possib
le. You can do this in several ways such as delivering them by hand, courier or
fax. Once you have given the landlord their copy, you must file a completed Ce
rtificate of Service with the Board explaining how and when you gave these docum
ents to the landlord.
Attending the hearing
At the hearing, the Member will give you the chance to explain your side of the
situation. The Member will also allow the landlord the chance to tell their sid
e of the situation. You may bring a lawyer or an agent to represent you, and wi
tnesses to support your case. You should bring extra copies of any documents yo
u want to present.
What can the Member order?
Once the Member has heard what you and your landlord have to say, the Member wil
l consider what was presented and issue an order. The Member may order that the
landlord:
allow you to move back into the rental unit, but only if it is still vacant,
pay you an abatement of rent (a refund of your rent for the time period that
you were locked out of your rental unit),
pay you compensation for any costs you paid or will pay for property that wa
s damaged or disposed of as a result of the landlord s actions,
pay you for any other reasonable out-of-pocket expenses you paid or will pay
because of the landlord s actions,
pay to the Board an administrative fine of up to $25,000, or
not change any other tenants
The Member may also order:

locks again unless the law allows them to do so.

that your tenancy be terminated, or

anything else that may be considered appropriate.
The Member can order one or more of these remedies.
The Member may announce their decision at the end of the hearing, or they may wa
it and set their decision out in the written order. A copy of the order will be
mailed to you and your landlord.
Enforcing the Order
If the Member orders your landlord to let you move back into your unit and your
landlord does not obey the order, you will need to have the order enforced. This
means you will have to apply to the Court Enforcement Office and pay a fee to h
ave the Sheriff come to your unit and make sure that the landlord lets you back
in. Again, you will need to act quickly; the order will expire in 15 days. Thi
s means that if you do not file it with the Court Enforcement Office during that
time, the Sheriff cannot enforce the order and make your landlord let you move
back into your unit.
For More Information
Contact the Landlord and Tenant Board
This brochure provides general information only. For more information about the
law, or to obtain copies of the Board s forms and publications, you can:
call the Board at 416-645-8080 or toll-free at 1-888-332-3234, or
visit your local Landlord and Tenant Board office. For a list of Board offi
ce locations visit the Board s website, or call the numbers listed above.
Revised January 4, 2010