Hi there,
Thank you for sharing your question and situation with us, we appreciate your interest in this information.
Your rights and responsibilities will depend on the type of tenant or occupant you are. You may find the Canadian Centre for Housing Rights’ article, Occupancy rules: Guests, roommates, subtenants and lease assignments – Ontario housing law basics, helpful. Here is an excerpt:
The protections for tenants under Ontario’s Residential Tenancies Act only apply to certain types of situations when the facilities of a unit are shared by multiple people.
Generally, RTA protections apply to a tenant who rents a bedroom and shares all other facilities of a unit with other tenants who all have their own leases.
RTA protections do not apply to a tenant who shares a kitchen or a bathroom with the person they rent from – which could include their landlord or another tenant who is the lease holder – or with an immediate family member of the landlord.
In any situation where a tenant shares facilities with other people, they should seek legal advice to confirm whether the protections of the RTA apply to them. Tenants can also consult Community Legal Education Ontario’s (CLEO) resource for more information about their rights in specific housing situations.
The article also provides guidance on subtenant rights:
- If I am a subtenant, what are my rights?
During the subtenancy, the subtenant is entitled to the benefits outlined in the sublet agreement as well as in the RTA. The subtenant is also accountable for any responsibilities described in their sublet agreement that do not conflict with the RTA. Typically, landlords do not have any responsibilities towards the subtenant. However, the landlord continues to have responsibilities towards the tenant when that tenant sublets the rental unit. For example, a landlord should continue to maintain the unit and make repairs during a subtenancy. A subtenant can inform the tenant or the landlord of repairs that are needed.
As a subtenant, you are responsible for paying rent to the person who sublet the unit to you (the sublettor), not directly to the landlord. The sublettor remains responsible for rent payments to the landlord, and any legal action regarding missed payments would be directed at the sublettor. It’s important to keep records of all rent payments you make.
Regarding eviction, subtenants are generally protected under the RTA, provided the living arrangement qualifies as a subtenancy, and would be entitled to a hearing at the Landlord and Tenant Board. The landlord must follow a specific legal eviction process to end your tenancy. Since not all living situations are protected under the RTA, you may want to speak with a lawyer to confirm your status as a subtenant.
You can also review Steps to Justice’s section on rent-related evictions for more detailed guidance. Keep in mind that a landlord cannot evict you without following the proper legal process. They must obtain an order from the LTB before changing locks or requiring you to leave. If they attempt to evict you without a hearing or legal notice, you can call the police using the non-emergency line.
For general information about landlord and tenant matters, you may wish to contact the Landlord and Tenant Board at 1-888-332-3234. You might also consider reaching out to your local Community Legal Clinic for legal advice specific to your situation, you can find the nearest clinic by using this tool. Additionally, Steps to Justice offers a list of housing law programs and services that may be useful.
If you have any further questions, please feel free to follow up with us. We hope this information is helpful and wish you all the best.
Sincerely,
Your Settlement.Org team