Seniors living in Ontario care homes have the unique legal right to cancel their care services (such as meal plans and nursing care) with just 10 days’ written notice, without having to move out of their apartment. A care home landlord cannot legally evict you simply because you decided to hire outside help or cook your own meals.
As seniors transition into assisted living facilities across Ontario, maintaining independence and control over personal finances is a top priority. Whether you are moving into a retirement community in Mississauga, Ottawa, or Kingston, it is vital to understand that a care home is still a residential tenancy.
Under the Residential Tenancies Act (RTA), “Care Homes” have their own specialized set of rules. Often, facilities will bundle the cost of rent, meals, and nursing care into one massive monthly bill. Many seniors falsely believe that if they stop paying for the expensive meal plan, they will be kicked out onto the street. 👤
Ontario law explicitly separates your right to live in the building from your obligation to buy the facility’s services. Navigating these complex contracts can be daunting, so many seniors and their adult children consult with legal professionals to assert their rights and reduce their monthly living costs safely.
Step-by-Step Process in Ontario
Taking control of your care services requires careful navigation of the RTA. You must follow the correct notification procedures to ensure the care home management respects your legal choices.
Step 1: Demand the Care Home Information Package (CHIP)
Before you sign any lease, the care home must legally provide you with a Care Home Information Package (CHIP). This document outlines the types of accommodation, the emergency response systems, and a complete list of fees for all meals and care services. 📖
If the landlord fails to provide the CHIP before you sign the tenancy agreement, you are legally entitled to withhold any rent increases, and you can give notice to terminate the tenancy at any time. This package is the baseline for transparency in Ontario care homes.
Step 2: Ensure Rent and Services are Separated
When you sign your lease, the document must clearly divide the charges. Your monthly bill should explicitly show how much money is going toward “Rent” (the physical room) and how much is going toward “Care Services and Meals.”
This separation is critical because rent increases are strictly regulated by the Ontario government’s annual guideline, while care service costs can generally be increased at the landlord’s discretion, provided they give a 90-day notice.
Step 3: Provide 10 Days’ Notice to Cancel Services
If you find that the mandatory meal plan is unappetizing or too expensive, or if you decide to hire a private nurse from outside the facility, you can legally cancel the care home’s services. ⏱️
Under the RTA, you only need to provide the landlord with 10 days’ written notice to cancel any care service or meal plan. Once that 10-day period expires, you can stop paying the service portion of your bill, but you must continue paying your base rent.
Step 4: Refuse “Transfer” Evictions
Sometimes, care home management will argue that your health has deteriorated and that they can no longer meet your needs, attempting to forcibly transfer you to a long-term care facility or evict you.
A care home cannot unilaterally evict you for health reasons. They must apply to the Landlord and Tenant Board (LTB) to transfer you. To win, the landlord must prove to the adjudicator that they have exhausted all reasonable ways to accommodate you, and that a medical professional has deemed the transfer strictly necessary.
Step 5: Apply to the Landlord and Tenant Board
If the care home continues to bill you for services you cancelled, tries to lock you out of the dining hall to force an eviction, or threatens your residency, you must file a formal application with the LTB. 📛
Filing a Tenant Application about Maintenance or a Tenant Rights application will force the landlord to stand before an adjudicator. It is highly recommended to have a paralegal or lawyer represent you, as care homes almost always have corporate legal representation.
How Much Does it Cost in Ontario?
Fighting back against a care home corporation involves understanding the financial stakes. Cancelling unwanted services can save you thousands of dollars a year. 💵
- Care Home Service Savings: $500 to $2,000+ CAD per month (Depending on what meal plans or nursing services you legally cancel).
- LTB Filing Fee: $48 to $53 CAD (To file an application against the landlord).
- Legal Representation: $1,000 to $3,000 CAD (To hire a paralegal who specializes in elder law or RTA care home disputes).
- RHRA Complaint: $0 CAD (Filing a complaint with the Retirement Homes Regulatory Authority regarding safety is free).
| Tenant Right | Required Notice Period | Legal Consequence |
|---|---|---|
| Cancelling a Meal Plan | 10 Days (Written) | Landlord must stop billing for meals. |
| Moving out completely | 30 Days (Written) | Lease ends, unlike regular 60-day RTA rules. |
| Hiring external nurses | None required | Tenant can use private care inside the unit. |
How Long Does the Process Take?
Taking control of your care home contract is a swift legal maneuver. 🚀
You can cancel services with just 10 days’ notice. If the landlord ignores the notice and tries to evict you, you will have to wait for an LTB hearing. As of May 2026, LTB hearings for tenant applications can take 5 to 8 months. During this time, you should continue paying your base rent, but you legally do not have to pay for the care services you formally cancelled.
Frequently Asked Questions (FAQ)
Can the care home force me to sign a new contract to stay?
No. Once you have a valid tenancy agreement, you are protected by the RTA. The landlord cannot force you to sign a new lease with bundled services under threat of eviction.
What is the Retirement Homes Regulatory Authority (RHRA)?
The RHRA is an Ontario provincial body that licenses and inspects care homes to ensure they meet safety and care standards. While the LTB handles rent disputes, the RHRA handles complaints about physical safety, neglect, or abuse.
Can they increase my care service costs without limit?
Unlike your base rent, the cost of meals and care services is not capped by the provincial rent control guideline. However, the landlord must still give you a proper 90-day written notice on an approved form before increasing the cost of those services.
What happens if I pass away? Do my children have to keep paying?
In Ontario care homes, if a tenant passes away, the tenancy automatically ends 30 days after the date of death. The estate is only responsible for the rent during that 30-day window, giving the family time to clear out the apartment.
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