Can I get exclusive possession of a rented apartment we both live in as a matrimonial home?

Yes. The exclusive possession provisions of Ontario's Family Law Act apply to the matrimonial home regardless of whether the couple owns it or rents it. A rented apartment that the couple ordinarily occupied as their family residence qualifies as a matrimonial home, and the court can make an exclusive possession order for it.

The interaction between family law and tenancy law adds complexity. Under the Residential Tenancies Act, a tenant has rights as against the landlord, but the family law order operates between the spouses. The spouse who is granted exclusive possession would continue the tenancy; the excluded spouse's right to occupy ends by virtue of the court order.

Practical questions arise about whose name is on the lease. If both spouses are named on the lease, some coordination with the landlord may be needed to remove the excluded spouse from the tenancy agreement, or to arrange for the occupying spouse to take over the lease in their own name. This typically requires landlord cooperation. The court's exclusive possession order addresses the rights between spouses but cannot directly alter the lease with the landlord. Legal advice can help navigate both the family law and tenancy dimensions.