Residential Tenancies Act Exemptions: Who Is Not Covered in Ontario

Many people assume every renter in Ontario has the same protections. In fact, the Residential Tenancies Act, 2006 does not reach every living arrangement, and roomers, shared-kitchen occupants and some students are the ones who most often ask.

This article explains the main exceptions and what to do if you think you are outside the Act. It is general information, and the exact answer turns on your facts.

The starting point: who is covered

Landlords and tenants of most rental units are covered by most of the Act's rules. Rental units include apartments, houses, and rooms in rooming or boarding houses. The Act came into effect on January 31, 2007.

The Act also applies to care homes, retirement homes, and sites in mobile home parks and land lease communities. So a room is not automatically outside the Act. What matters is the arrangement.

It helps to know what is at stake when someone says the Act does not apply. These are some of the rules that cover a tenancy within the Act:

• A rent increase needs at least 12 months since the tenant moved in or since the last increase, plus at least 90 days' written notice.
• A rent deposit can only be used for the last month's (or week's) rent and cannot exceed one month's rent where rent is paid monthly.
• A landlord may generally enter only after giving 24 hours' written notice stating the reason, and only between 8 a.m. and 8 p.m..
• Most tenancy agreements first entered into on or after April 30, 2018 must use the Standard Form of Lease, and a copy of any written lease must be given within 21 days.

Sharing a kitchen or bathroom with the owner

The Act does not apply if the tenant must share a kitchen or bathroom with the owner or with the owner's family members.

Notice the details. The exception is about sharing with the owner or the owner's family. Sharing a kitchen with other tenants, in a rooming house for example, is a different situation, and rooms in rooming or boarding houses can be covered.

Non-profit, public and student residences

For non-profit, public, university and college residences, many of the Act's rent rules do not apply. These units are still covered by most of the Act's other rules, such as maintenance and eviction.

The last row deserves a note. A unit not occupied for residential purposes on or before November 15, 2018 may be exempt from the rent increase guideline. Notice of a rent increase is still required, but where the exemption applies there is no limit on the size of the increase. That concerns one rent rule, so check which rule is actually in question.

What it means if the Act does not apply

If you must share a kitchen or bathroom with the owner or the owner's family, the Act does not apply. How that affects your arrangement depends on your situation, so it is worth confirming with a lawyer. Your written or verbal agreement and other areas of law may then matter more.

For a tenancy that is covered, landlords cannot shut off vital services: heat from September 1 to June 15, electricity, fuel, and hot or cold water. Whether those rules reach you is the very question an exemption raises.

Because that gap can be significant, do not assume you are unprotected or protected. A lawyer can confirm what applies to your facts.

What to do next

• Write down who owns the home, who lives there, and who uses the kitchen and bathroom.
• Keep your agreement, receipts for rent and any messages about the arrangement.
• Note whether you live in a residence run by a non-profit, public body, university or college.
• Do not move out or sign anything because someone says the Act does not apply, until you have checked.
• Contact the Advocacy Centre for Tenants Ontario (for tenants) or the Landlord Self-Help Centre (for small landlords), both funded by Legal Aid Ontario.

You can also call the Landlord and Tenant Board toll-free at 1-888-332-3234, Monday to Friday 8:30 a.m. to 5:00 p.m. Contact Centre staff give information but not legal advice. The Tribunals Ontario Portal can be used to submit applications, check file status and upload evidence.

Frequently asked questions