Best Landlord & Tenant Lawyers in Markham

About Landlord & Tenant Law in Markham, Canada

Landlord and Tenant law in Markham, Ontario is governed by the Residential Tenancies Act, 2006 (RTA), a provincial law that sets out the rights and responsibilities of both landlords and tenants. The RTA covers most rental agreements and housing types, excluding some exceptions such as commercial properties, certain university residences, and some co-op units. In Markham, disputes related to rental agreements, evictions, rent increases, maintenance and repairs, and privacy are common. The Landlord and Tenant Board (LTB) is the main body that resolves most disputes between landlords and tenants. Local city bylaws may also impact rental property requirements.

Why You May Need a Lawyer

While many landlord and tenant issues can be resolved independently or through the LTB, there are situations where obtaining legal assistance is recommended:

• Evictions or Notices to End Tenancy – Receiving or issuing eviction orders, especially if you're unsure whether the process has been followed lawfully.
• Unlawful Rent Increases – Navigating disputes around above-guideline rent increases or illegal rent hikes.
• Maintenance and Repairs – When there are ongoing unresolved concerns over the repair and maintenance of the property.
• Lease Disputes – Disagreement over the interpretation or enforcement of lease terms.
• Allegations of Harassment or Discrimination – If you feel you are being harassed or discriminated against, or if you are accused of such behaviour.
• Privacy Breaches – Issues regarding unauthorized entry or violations of tenant privacy.
• Security Deposits – Disputes involving the refund or withholding of deposits, including key or cleaning deposits.
• Complex Cases – Issues involving multiple parties, illegal units, or unclear property ownership.
• Appeals and LTB Hearings – If you need representation or advice at the Landlord and Tenant Board or during an appeal.
• Understanding Your Rights – For tenants and landlords unfamiliar with the law or English not being a first language.

Local Laws Overview

In Markham, landlord and tenant relationships are primarily regulated by Ontario’s Residential Tenancies Act. Below are some key aspects affecting local residents:

• Rent Control: Most private rental units built before November 15, 2018, are subject to Ontario’s rent increase guidelines. Newer units may be exempt.
• Evictions: Strict rules apply for eviction notices. "No fault" evictions (e.g., landlord wants to move in) have concrete requirements, including compensation to tenants in some cases.
• Repairs and Maintenance: Landlords must keep units in a state of good repair and comply with health, safety, housing, and maintenance standards.
• Tenant Rights: Tenants have rights to quiet enjoyment, privacy, and protection from unlawful entry; entry usually requires 24 hours’ written notice except in emergencies.
• Discrimination: The Ontario Human Rights Code protects tenants and applicants from discrimination based on protected grounds.
• Deposits: Only a rent deposit (for last month's rent) is permitted; security deposits for damages are generally prohibited.
• Local Bylaws: Markham may have additional property standards and licensing requirements for rental units, including fire safety and zoning compliance.

Frequently Asked Questions

Can a landlord increase my rent whenever they want?

No. Rent increases are regulated by Ontario’s rent increase guideline and must follow strict notice periods. For most units, only one increase per 12 months is permitted with 90 days’ written notice.

How much notice does my landlord have to give before entering my unit?

Landlords usually must give 24 hours’ written notice specifying the reason and time of entry, which must be between 8 a.m. and 8 p.m., except in emergencies.

Can I be evicted during the winter months or due to COVID-19?

Eviction can occur year-round, but the process must be followed as prescribed by law. Special rules were in place during the COVID-19 pandemic but may no longer apply. Always check for current regulations.

What repairs is my landlord responsible for?

Landlords are required to maintain the rental property in good repair, in compliance with health, safety, housing, and maintenance standards—regardless of lease terms.

Do I have to pay a security or damage deposit?

No. In Ontario, landlords cannot ask for security or damage deposits. Only a rent deposit equal to one month’s rent (applied to the last month) is legal.

How do I end my tenancy properly?

Tenants must give written notice at least 60 days before the end of a rental period (for monthly rentals). Special rules apply for other situations—review your lease and the RTA.

What do I do if my landlord is not making necessary repairs?

First notify your landlord in writing. If repairs are not made, you may file a complaint with the City of Markham’s By-law Enforcement or apply to the Landlord and Tenant Board.

Can my landlord evict me to move a family member into the unit?

Yes, but strict requirements must be met, including compensation and genuine intention. Tenants are protected from bad faith evictions and can challenge suspicious notices.

Are there rules about how many people can live in a rental unit?

Yes. Markham’s property standards and zoning bylaws limit occupancy based on the number and size of bedrooms to ensure safety and proper living conditions.

Where can I get help if I cannot afford a lawyer?

Legal aid clinics, tenant associations, and some community organizations offer free assistance for eligible individuals in Markham. See Additional Resources below for details.

Additional Resources

• Landlord and Tenant Board (Ontario): Provides forms, guidelines, and dispute resolution services.
• Community Legal Clinic of York Region: Offers free legal services to eligible low-income residents in Markham.
• Markham By-Law Enforcement: For complaints about property standards, safety, or illegal units.
• Ontario Ministry of Municipal Affairs and Housing: Information on tenant and landlord rights and responsibilities.
• Federation of Metro Tenants’ Associations: Advocacy and information services for tenants.
• Ontario Human Rights Commission: For human rights issues and discrimination complaints in housing.

Next Steps

If you are experiencing a landlord or tenant issue in Markham, start by documenting all communications, issues, and relevant documents (such as your lease agreement, notices, and receipts). Try to resolve matters directly with the other party when possible. If problems persist:

1. Research your rights and obligations under the Residential Tenancies Act and local bylaws.
2. Contact a relevant organization or local legal clinic for basic advice and assistance.
3. If necessary, apply to the Landlord and Tenant Board or seek legal representation for complex matters or hearings.
4. Consider hiring a lawyer or paralegal with expertise in landlord and tenant law for guidance, especially in disputes involving large sums, evictions, or possible appeals.

Act promptly, as delays can impact your legal options and outcomes. Even if you are unsure whether you need formal legal help, a brief consultation can provide important clarity and peace of mind.