Most Queen's students signing their first Kingston lease have no idea what their legal rights as a tenant are. This information gap costs students money and creates unnecessary stress — landlords who know their tenants don't understand the law sometimes act in ways that violate it. Ontario's Residential Tenancies Act (RTA) provides strong protections for tenants, including student renters. Understanding the key provisions takes 15 minutes and protects you for the full duration of your Kingston tenancy.
The Lease — What You're Signing
Ontario requires landlords to use the province's standard lease form for most residential tenancies — the Ontario Standard Lease, available at ontario.ca. If your Kingston landlord presents a non-standard lease, they're not necessarily violating the law (some clauses are permissible additions), but any clause in a lease that gives a tenant fewer rights than the Residential Tenancies Act provides is legally unenforceable, even if you signed it. The RTA always takes precedence.
Key things to check before signing your Kingston student lease:
- Rent amount and payment terms — confirm the rent matches what was discussed and that the payment method (cheque, e-transfer, post-dated cheques) is workable for you
- Last month's rent deposit — this is the only deposit a landlord can legally collect in Ontario. A landlord cannot charge a damage deposit, pet deposit (other than last month's rent), or key deposit beyond the actual cost of the key. If your Kingston landlord is asking for a "damage deposit" on top of last month's rent, this is illegal under the RTA
- Lease term — a one-year fixed term is standard in Kingston student rentals. After the fixed term ends, the lease automatically converts to a month-to-month tenancy unless both parties agree to a new fixed term. Tenants do not have to leave at the end of a fixed term unless they choose to or are legally evicted
- Rent includes / excludes — confirm what's included (utilities, internet, parking) and what isn't. Get any verbal inclusions in writing as an addendum to the lease
Rent Increases — Your Protection Against Sudden Hikes
Ontario limits how much a landlord can raise rent in any 12-month period for existing tenants. The Rent Increase Guideline — set by the province each year — caps increases at a percentage tied to inflation (typically 2–4% per year). For 2026, check ontario.ca for the current guideline.
Important rules about rent increases:
- Landlords must give 90 days' written notice before a rent increase can take effect
- Only one rent increase is permitted in any 12-month period
- The guideline applies to existing tenants in the same unit — landlords can charge any rent to a new tenant when a unit becomes vacant
- Above-guideline increases require a Landlord and Tenant Board application based on documented extraordinary expenses (major building repairs, etc.); they're not automatic
Kingston student rental market reality: many Kingston student landlords attempt to avoid the rent increase guideline by encouraging or pressuring tenants not to renew leases, allowing them to reset the rent to market rate for new tenants. As a student tenant, you have the right to stay in your unit month-to-month after your fixed term expires, at rent subject only to the guideline. A landlord who wants you to leave must follow the legal eviction process — they cannot simply tell you to leave at the end of your fixed term.
Landlord Entry — Your Right to Privacy
A Kingston landlord cannot enter your rented unit whenever they want. The RTA specifies the notice requirements:
- 24 hours' written notice is required for most entry purposes: showing the unit to prospective tenants, inspections, or making repairs
- Entry must be between 8am and 8pm (unless the tenant agrees to a different time)
- Emergency entry is permitted without notice — if there's a fire, burst pipe, or similar emergency that requires immediate access
- Landlords who enter without proper notice are violating the RTA. Document unauthorized entries (date, time, what happened) and report persistent violations to the Landlord and Tenant Board
This is a commonly violated right in Kingston student rentals, where landlords sometimes treat student apartments as if they have more access than the law provides. "I need to check on something" without 24-hour written notice is not a legitimate reason for entry — and you're within your rights to tell the landlord that they need to provide proper written notice.
Maintenance and Repairs — Landlord Responsibilities
Under the RTA, landlords are legally required to maintain rental units in a good state of repair and fit for habitation. This includes:
- Functioning heat (minimum 20°C from September 1 to June 1 in Kingston)
- Functioning plumbing and hot water
- Pest control — bedbugs, mice, and cockroaches are landlord maintenance responsibilities, not tenant responsibilities
- Structural integrity and weatherproofing
- Safe electrical systems
When repairs are needed, report them to your landlord in writing (text or email, not just verbally — you need a paper trail). If the landlord fails to make necessary repairs within a reasonable time, you can apply to the Landlord and Tenant Board for a rent abatement (a reduction in rent) to compensate for the period when the unit was not maintained to the required standard. Rent abatement applications are not difficult to file and are commonly granted by the LTB for documented maintenance failures.
Eviction — What's Legal and What Isn't
A Kingston landlord cannot evict a tenant without a legal process through the Landlord and Tenant Board. Common grounds for legal eviction include non-payment of rent, causing significant damage, and the landlord's own use of the unit (the landlord or close family member moving in). Even for legitimate grounds, eviction requires: written notice from the landlord with the reason and the deadline to correct it (for non-payment, a 14-day notice to pay or leave; for the landlord's own use, a 60-day notice), the right to file with the LTB if you dispute the notice, and a hearing before an LTB adjudicator.
A landlord who tells you verbally or by text that you have to leave at the end of your lease term, without a formal LTB eviction order, is not legally evicting you. You are not required to leave unless the LTB issues an eviction order. Many Kingston student tenants leave at the landlord's request not realizing that the landlord had no legal standing to force them to leave — they just didn't know their rights.
Getting Help — Kingston Tenant Resources
- Landlord and Tenant Board (LTB) — ontario.ca/ltb. File applications, access forms, and review relevant decisions. LTB staff can answer procedural questions but cannot give legal advice
- Community Legal Services Kingston — free legal services for tenants who qualify financially. They can advise on specific situations, help draft notices, and represent tenants at LTB hearings
- Queen's Legal Aid Clinic — law students supervised by lawyers provide free legal assistance to Kingston residents, including tenant law. Located in Macdonald Hall on the Queen's campus
- ACORN Canada Kingston — tenant advocacy organization with a Kingston chapter that can connect tenants with resources and provide collective support for tenant rights issues
Can a Kingston landlord keep my damage deposit if I move out?
Kingston landlords are not legally allowed to collect a "damage deposit" at all under Ontario's Residential Tenancies Act. The only deposit a landlord can collect is a last month's rent deposit — which must be returned or applied to your last month's rent when you leave. If a landlord collected a deposit called a "damage deposit," "security deposit," or similar, it must be returned to you in full regardless of the condition of the unit when you leave. A landlord can claim compensation for damage through the LTB, but they cannot simply keep a deposit. If your Kingston landlord refuses to return an unlawful deposit, file an application with the Landlord and Tenant Board.
Can my Kingston landlord raise rent at the end of my lease?
Your Kingston landlord can only raise rent once every 12 months, with 90 days' written notice, and only up to Ontario's Rent Increase Guideline percentage for existing tenants. If your lease ends and you stay on a month-to-month basis, you remain an existing tenant subject to the guideline. If you sign a new lease for the same unit after leaving, your landlord can charge any amount as the new starting rent. Landlords sometimes encourage tenants to sign a new lease to reset rent to market rate — you are not obligated to sign a new lease at the end of a fixed term, and staying month-to-month is a legal right.
Does a Kingston landlord need to give notice before entering my apartment?
Yes — Ontario's Residential Tenancies Act requires landlords to give 24 hours' written notice before entering a rental unit for non-emergency purposes. Entry must be between 8am and 8pm. Emergency entry (for fire, burst pipe, etc.) is permitted without notice. A Kingston landlord who enters without proper written notice is violating the RTA. Document unauthorized entries with dates and times. Persistent unauthorized entry can be grounds for an LTB application. If your landlord asks to enter and you'd like to negotiate a convenient time, you can do so — but you're not legally required to allow entry without the required notice.
Before You Sign — Checklist for Kingston Student Renters
The most expensive rental mistakes Kingston students make happen before the lease is signed — agreeing to terms that are either illegal or financially disadvantageous without realizing it. This checklist covers what to verify before signing any Kingston rental lease.
Inspect the unit before signing: Never sign a lease on a Kingston rental you haven't physically visited. Student rental demand in Kingston is high enough that landlords with desirable units sometimes pressure prospective tenants to sign quickly. Resist this pressure — if you can't see the unit before signing, something is wrong. During the viewing, check: functioning heat and ventilation, working plumbing (run the taps, flush the toilet, test hot water), evidence of pests (droppings, damage, smells), moisture or mould (look in bathroom corners, under sinks, around windows), smoke and carbon monoxide detectors (legally required), functional door locks, and overall cleanliness and maintenance state.
Take photos at move-in: Before you move any belongings in, photograph every room — walls, floors, appliances, fixtures — in detail. Date-stamp the photos or send them to yourself so they have a verifiable timestamp. If there is pre-existing damage, document it and send a written note to the landlord noting the damage at the time of move-in. This documentation protects you when you move out and the landlord claims you caused damage that was already there.
Get every promise in writing: If the landlord verbally promises that the unit will be painted before move-in, that appliances will be replaced, or that parking is included in rent — get it in writing as an addendum to the lease. Verbal promises are unenforceable and are commonly "forgotten" by Kingston landlords once a lease is signed.
Know who you're renting from: Queen's University maintains a list of Kingston landlords who have demonstrated compliance with student housing standards. The Queen's Off-Campus Living Office (OCL) at 162 Barrie Street maintains this list and provides tenant resources. The OCL can help you verify whether a landlord is known to the university and whether there are any documented concerns. Checking this resource before signing saves students considerable difficulty.
Utilities and additional costs: Confirm in writing which utilities are included in rent and which are not. An advertised rent of $850/month becomes $1,150/month when heat, electricity, and water are excluded in a Kingston winter. Calculate the all-in cost before comparing Kingston rental options — base rent alone is not a complete comparison.
