Renting is tough in Toronto. With vacancy rates at 1.1%, and Rentals.ca reporting in May that the average monthly rent is $2,242 for a one-bedroom<\/a> and $2,731 for a two-bedroom<\/a>, securing an affordable rental in the city can feel like winning the lottery.<\/p>\n More and more low- and middle-income earners are being forced out of Toronto and the GTA, facing longer commutes and displacement from the communities they have long called home.<\/p>\n Others choose to live with roommates. Though there are many benefits to this cost-effective option, not all roommate arrangements are created equal.<\/p>\n Rentals.ca<\/a> has broken down what you need to know about your rights when living with roommates in Ontario before you sign on the dotted line.<\/p>\n (Please be advised that our staff are not legal experts, and we encourage you to consult with one if you find yourself in a tenancy dispute.)<\/i><\/p>\n In this article, we’ll cover:<\/p>\n <\/a> The Residential Tenancies Act, effective Jan. 31, 2007, is the legislation that sets the rights and responsibilities of landlords and tenants who rent residential properties. The act mandates provincial standards for all aspects of the landlord-tenant relationship, including vital services such as heat and electricity, when and why landlords can enter the rental unit, how to end a tenancy, and grounds for eviction.<\/p>\n Previously, landlords could draft their own leases, which were not always in accordance with the act, leading to confusion for some tenants about their rights.<\/p>\n After April 1, 2018, most Ontario landlords are required to use the Residential Tenancy Agreement, or Standard Form of Lease, a standardized lease which outlines landlord and tenant rights under the RTA.<\/p>\n One benefit of standardization was the prevention of unenforceable clauses in nonstandard leases, such as damage deposits and bans on pets, both of which are unenforceable under the act.<\/p>\n Tenants whose leases are covered by the RTA have full protection under the act, and thus are able to file a hearing before the Landlord and Tenant Board (LTB) should they have an unresolved grievance with their landlord.<\/p>\n Although some roommate arrangements might be covered by the RTA, others are not, \u00a0which creates a legal grey area. Those impacted the most are primarily low-income tenants.<\/p>\n <\/a> The majority of tenants in Ontario are protected by the RTA. It covers renters of apartments, houses, boarding houses, retirement and care homes, and mobile homes. Some — but not all — rented rooms are covered by the RTA.<\/p>\n <\/a> This is where it gets tricky.<\/p>\n If you are looking to rent a room in a place where you share a kitchen or bathroom with the landlord or the landlord\u2019s immediate family member, this arrangement is considered to be a \u201crooming house\u201d under Ontario residential tenancy law, and you are considered a \u201cboarder\u201d — not a tenant. As a boarder, your lease or rental agreement is not protected by the RTA.<\/p>\n Many of the rules of the RTA do not apply to folks living in nonprofit or community housing, or in university or college residences, although rules about maintenance and safety standards still apply.<\/p>\n It is important to note that if you share a kitchen or bathroom with roommates, and neither the landlord nor their immediate family live in the residence, your living situation is not<\/i> considered a rooming house, and so long as you are on the lease, you are protected by the RTA. However, the RTA governs only landlord and tenant relationships. Disputes between housemates must be resolved elsewhere. More on that later.<\/p>\n If you do not share a kitchen or bathroom with the landlord and you are not<\/i> on the lease, you may not be protected by the RTA. Consult with a legal expert about your issues.<\/p>\n <\/a> In a rooming house arrangement, laws requiring notice for eviction do not apply. If your landlord-roommate doesn\u2019t take a shine to your cooking smells or finds your significant other a little odd, you can be kicked to the curb by a police officer at a moment\u2019s notice.<\/p>\n In most instances, under an RTA-covered lease, if your landlord wishes to evict you, he or she would be required to send a written request to stop the action that is considered grounds for eviction under the RTA.<\/p>\n There are seven grounds<\/a> for eviction under the RTA. Common offences include violating the \u201cquiet enjoyment\u201d of your neighbours or smoking in the unit under a non-smoking lease. (Letting your dishes \u201csoak\u201d or leaving your dirty socks about are not grounds for eviction under RTA-covered leases, although the experts at Rentals.ca<\/a> suggest you pick them up anyway. Gross!) For a complete list of grounds for eviction under RTA-covered leases, refer to Community Legal Education Ontario\u2019s easy-to-read guide<\/a>.<\/p>\n Note that in extreme circumstances, the landlord can apply to the Landlord and Tenant Board to evict you without notice. For example, your landlord doesn\u2019t have to ask you politely to please stop making meth in the bathtub.<\/p>\n <\/a> If the written warning failed to correct the unwanted behaviour within an RTA-mandated time frame for the offence, the landlord would then file a notice for a hearing at the Landlord and Tenant Board, where an adjudicator would hear both sides and have the final say. Should the adjudicator side with the landlord, the landlord would then have to obtain a termination order through your local Enforcement Office, which would assign an Ontario Sheriff to conduct the eviction.<\/p>\n Under the RTA, landlords are not allowed to enforce evictions, change locks, or otherwise prevent tenants from accessing their units, even while an LTB hearing is underway. Only the Sheriff is granted this authority. If landlords attempt to prevent access, they are in violation of the act. Contact the Rental Housing Enforcement Unit<\/a> at 1-888-772-9277 immediately. (Although the names sound similar, this is different from your local Enforcement Office.)<\/i><\/p>\n In short, legal RTA evictions are \u00a0— unless you are Breaking Bad or operating a murder house — a lengthy process involving third parties to approve of and conduct the eviction. If you\u2019re not exactly kumbayaing with your rooming housemates, you may find yourself without a permanent address after one false move — even if the cops who show up agree that your slow cooking smells delicious and that your loved ones are delightful.<\/p>\n <\/a> The Rental Housing Enforcement Unit is an agency that holds landlords and tenants accountable for following the act. LTB hearings can be lengthy and delayed. If you require urgent action, the enforcement unit can assist before your hearing.<\/p>\n Should Rental Housing Enforcement Unit determine a complaint is an offence under the act, it will take appropriate action against the offender. (Remember though: Evictions conducted by anyone but the Sheriff are always in violation of the act.) <\/i><\/p>\n Likewise, if your landlord has requested entry to your unit in accordance with the act, and you have prevented them from accessing the unit, your landlord may involve the enforcement unit to regain access and\/or take action against you. Like the LTB, its services are not accessible to boarders and their landlords.<\/p>\n The Rental Housing Enforcement Unit can issue steep fines, help both parties understand their rights and responsibilities, and can answer questions about preparing for the Landlord and Tenant Board. Note that it does not provide legal advice or services.<\/p>\n <\/a> This depends on your housing arrangement. If you board with the homeowners, and they don\u2019t wish to address the issue, you may be out of luck. If you are concerned about maintenance and safety as a boarder, your best option could be to move.<\/p>\n If you are worried enough to vacate before the move-out date in your rental agreement (if one is specified), we encourage you to document the issues in photos and videos and get dates and times of occurrences in writing.<\/p>\n If your rental agreement specifies required notice, you may be obligated to pay your landlord-roommate rent for that duration while also paying rent at your new place. Consult with a legal expert if unsafe living conditions are driving you to move — depending on your situation, help may be available.<\/p>\n <\/a> Fortunately, yes! Although the Rental Housing Enforcement Unit and the Landlord and Tenant Board cannot help, if you believe you have experienced discrimination or harassment, a wrongful eviction, and\/or if your landlord-roommate withholds your rent money or deposit or destroys or refuses to return your property, there are options available to you.<\/p>\n All Ontarians are protected by the Ontario Human Rights Code. In Ontario housing, protected grounds include age, ancestry, citizenship, colour, creed\/religion, disability, ethnic origin, family status, gender identity\/expression, marital status, place of origin, race, receipt of public assistance, sex, and sexual orientation.<\/p>\n If your landlord-roommate has harassed you or discriminated against you on any of these grounds (identifying as a lover of heavy bass dubstep doesn\u2019t count), you may be eligible to apply for a hearing before the Human Rights Tribunal of Ontario.<\/p>\n\n
\nWhat is The Residential Tenancies Act (RTA)?<\/b><\/p>\n
\nWho is protected by the RTA?<\/b><\/p>\n
\nWho is <\/b>not <\/i><\/b>protected by the RTA?<\/b><\/p>\n
\nWhat are the drawbacks of sharing a kitchen or a bathroom with landlords (or their immediate family)?<\/b><\/p>\n
\nHow are rooming house evictions different from RTA evictions?<\/b><\/p>\n
\nWait! What\u2019s this about the Rental Housing Enforcement Unit?<\/b><\/p>\n
\nI am a boarder, and I have concerns about maintenance issues. Where can I turn?<\/b><\/p>\n
\nDo I have <\/b>any<\/i><\/b> legal recourse as a boarder in a rooming house?<\/b><\/p>\n