Is a Property Manager the Same as the Landlord? Who Answers to Tenants

A property manager is not automatically the same as the landlord. In everyday terms the owner is the landlord and the manager is the owner's agent, but the Residential Tenancies Act defines "landlord" broadly, and several of its rules, offences and tenant remedies reach agents and managers too. What matters is who signed the lease, who collects rent and what the management agreement says.

Is a property manager the same as the landlord? What the Act says

In day-to-day use the owner is the landlord. The manager is hired to carry out tasks the owner agrees to hand over, such as showing units, handling rent and coordinating repairs. The management agreement spells out which tasks.

The Residential Tenancies Act defines "landlord" more widely than "owner". It includes the owner of a rental unit or any other person who permits occupancy, the heirs, assigns and successors in title of that person, and a person entitled to possession of the residential complex who attempts to enforce a landlord's rights under a tenancy agreement or the Act, including the right to collect rent. So whether a given manager meets the definition depends on the facts.

An LTB interpretation guideline on parties and representatives says a property management company can be identified as the landlord if it meets the Act's definition. That guideline is dated 2012, and the Act has been amended since, so confirm any specific question with the Landlord and Tenant Board.

The lease is the first place to look. A written tenancy agreement must set out the legal name and address of the landlord for notices, so check whose name is on yours.

Owner, manager and tenant: who answers to whom

A manager can coordinate repairs, but the repair duty still sits with the landlord. That is why owners need approval thresholds and work records. Our guide to what a property manager does in Ontario lists the usual tasks.

Which Ontario rules reach a property manager

Several parts of the Act speak directly about people acting for a landlord.

• Fees. The Act says no superintendent, property manager or other person acting for a landlord may collect a prohibited fee, commission or similar amount from a tenant or prospective tenant, with or without the landlord's authority. Limited exceptions are set by regulation.
• Tenant applications. A tenant can apply to the Board about a landlord, superintendent or agent of the landlord who withholds a vital service, substantially interferes with reasonable enjoyment, harasses or coerces the tenant, changes the locks without giving keys or enters illegally.
• Money collected improperly. A tenant can apply for an order that the landlord, superintendent or agent repay money collected or kept in breach of the Act.
• Offences. A landlord, superintendent, agent or employee of the landlord who knowingly harasses a tenant or interferes with their reasonable enjoyment commits an offence under the Act.
• Human rights. The Human Rights Code protects a person who occupies accommodation from harassment by the landlord or agent of the landlord on the listed grounds, and a person who believes their rights were infringed may apply to the Human Rights Tribunal of Ontario.

Whether a specific person is responsible is decided on the facts by the LTB, the tribunal or a court. This post explains roles, not legal outcomes.

Who tenants can complain about, and what happens if a manager makes a mistake

Tenants usually start with the manager, in writing. If the issue is not fixed, they can go to the owner, then to the Landlord and Tenant Board. Tenant applications are made about the landlord, and for the matters listed above the Act also refers to a superintendent or agent of the landlord.

If your manager makes a mistake, treat it as your problem to fix first. Stop the practice, put it right with the tenant in writing and keep the records. A missed entry notice, a notice sent to the wrong address or an improper charge all happen in your tenancy. Who bears any cost afterwards is a contract question between you and the manager, and a lawyer can advise on it.

That is also why records matter. Ask your manager for copies of notices, receipts and inspection reports as they are made, not only when something goes wrong. Our landlord insurance guide covers the coverage side.

Who can appear for the owner at the LTB

Do not assume your manager can speak for you at a hearing. The LTB's practice direction on representation says a party may be represented by a lawyer or paralegal licensed by the Law Society of Ontario, or by an unlicensed person who falls within an exemption the Law Society allows. For a corporation, an employee or another person with authority to bind the corporation may take part on its behalf.

The same direction says a person who asks to represent a landlord as a property manager may not be allowed to if they are in the business of providing legal services to several third parties and no exemption applies. A person who is not present must have written authorization from the party.

Ask your manager in writing whether it will appear for you at the Board and on what basis. If it will not, a licensed paralegal or lawyer can.

What the management agreement and insurance should say

These are questions to ask, not legal advice. Have a lawyer review the agreement if the stakes are high.

• Authority. What may the manager sign, serve and spend without asking you? Put approval thresholds in writing.
• Notices. Who prepares and serves notices, in whose name, and how are copies sent to you?
• Records. Can you see ledgers, inspection reports and tenant correspondence when you ask?
• Complaints. Who answers tenant complaints, and how are you told about them?
• Errors. How does the agreement deal with a manager's mistake, and who bears the cost?
• Insurance. Does the manager carry its own liability coverage? Ask for a certificate. Tell your own insurer that a manager is acting for you and ask what your policy expects.
• Exit. What are the notice, handover and record-return terms?

Our guide to property management contracts in Ontario covers the other clauses. D&D Property Management's lease management and renewals work is set out in a written scope: which tasks D&D handles, what the owner approves and how records and updates are shared. It starts with a free consultation.

Property manager and landlord questions owners ask

Is a property manager a landlord?

Not automatically. The owner is usually the landlord and the manager is the owner's agent. But the Residential Tenancies Act defines landlord broadly, including a person entitled to possession who tries to enforce a landlord's rights such as collecting rent. Whether a manager meets that is decided on the facts, so ask the LTB.

What are a property manager's legal responsibilities?

They come from the management agreement and from Ontario rules that apply to anyone acting for a landlord, such as the bar on collecting prohibited fees from tenants and the rules on harassment, entry and lock changes. The landlord's duty to maintain the unit stays with the landlord.

Can you sue a property manager for negligence or harassment?

Whether anyone has a claim depends on the facts and the contract, and only a lawyer can say. Tenants can apply to the Landlord and Tenant Board for some conduct, and harassment on human rights grounds can go to the Human Rights Tribunal. Owners should start with their agreement and keep records.

Does the owner stay responsible if the manager breaks a rule?

The tenancy is with the owner, so the landlord's duties under the Act stay in place. Put the problem right with the tenant in writing and keep records. Who bears the cost between owner and manager depends on the agreement, and a lawyer can advise on how it applies to you.

Devon Moore, Operations Lead Co-Founder & Operations Lead — D&D Property Management

Devon Moore is the co-founder and Operations Lead at D&D Property Management, managing rental properties across Kitchener-Waterloo, Cambridge, Guelph and Waterloo Region.