FAQ Categories

If your daughter will be living in the property and sharing the kitchen and/or bathroom facilities with the tenants then the tenancies would be exempt from the Residential Tenancies Act even if your daughter is also paying rent.

The following is from Section 5 of the Residential Tenancies Act, listing your exempt situation. Subsection (i) is the section relevant to your situation: 5. This Act does not apply with respect to, (i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located.

The tenancies are exempt from regulation by the Residential Tenancies Act because your daughter shares kitchen and bathroom with them. You therefore can include any provision in your rental agreement as long as the renters agree to the terms and conditions.

If the renters have to share the kitchen or bathroom with the owner, their child, spouse or parent and if the room that they are now occupying is your brother’s principle residence and he lived there before the logers moved in then they likely are not TENANTS covered by the Residential Tenancies Act. Rather they are licensees and your brother has much more leeway in terminating them. The Landlord and Tenant Board and the Sheriff would not be involved, as the landlord would use “self-help”. Please see our fact sheet on such matters – http://www.landlordselfhelp.com/facts/2007_sharing_kitch_bath.pdf Otherwise, the termination options are more complicated and the forms must be done correctly, with proper dates and times of each occurrence, for example, if the eviction has a chance of happening.

Our clinic’s policy permits us to provide advice and information to small landlords only, it is a conflict for us to advise tenants as well. The only suggestion we have for you in trying to convince the police that you are not covered under the RTA is to show them the section of the Act that provides the definition of landlord. Here is a link to one of our Fact Sheets which provides information on the two main types of exemptions; owner sharing facilities with a tenant and a tenant and roommate situation http://www.landlordselfhelp.com/facts/2007_sharing_kitch_bath.pdf

The Residential Tenancies Act will still apply in this type of rental agreement. The unit would only be excluded from the Act if the tenant would be required to share the kitchen and/or bathroom facilities with the owner of the property.

When a tenancy is exempt from the Residential Tenancies Act it is usually common law that applies, and it is at the discretion of the landlord to deal with certain issues as long as the landlord acts reasonably. In this type of rental accommodation it is beneficial to have a detailed written rental agreement including all the conditions of the rental. This will facilitate the enforcement of any of the provisions, since no other law would apply and you can only go based on what is stated in your agreement.

You are correct. If the tenant is required to share the kitchen and/or bathroom facilities with the owner then the tenancy is exempt from the Residential Tenancies Act. It means that there isn’t really a law that would apply to the tenancy, and it was at your discretion whether to allow the sublet or not.

If the rental accommodation you describe is seasonal accommodation it may be exempt from the Residential Tenancies Act and LSHC cannot assist you with this matter.

Since you are sharing the kitchen facilities with the tenants, the tenancies are not covered under the Residential Tenancies Act. The only law that may apply in this case is contract law. Since you did have a written contract and it specified that the tenant would have to provide a 60 days’ written notice to end the tenancy, you may be able to pursue him in Small Claims Court of you incur a loss of rent. However, you should try to re-rent the unit as soon as possible. If you need more advice on this matter you may have to consult with a lawyer or a paralegal.

A residential unit within a commercial building is subject to the rules and regulations of the Residential Tenancies Act, 2006.

Since the owner of the property is sharing kitchen facilities with the tenant, the tenancy is exempt from the Residential Tenancies Act, 2006. For more information on how to deal with your tenant, please have a look at our Sharing Kitchen and/or Bathroom Fact Sheet which can be found at: http://www.landlordselfhelp.com/facts/2007_sharing_kitch_bath.pdf

Since you share the kitchen facilities with the tenant, you are not governed by the Residential Tenancies Act provisions on these issues. Common law would apply or usually you would follow whatever has been stated in the rental agreement. Landlords can incorporate their own rules in their agreements. If there is no rental agreement, then you would simply use your own discretion. Typically, owners in this situation can give 30 days’ notice to end the tenancy if the agreement is monthly or one week notice if the agreement is weekly. You can also refer to our Fact Sheet on Sharing kitchen and/or Bathroom for further information, here is the link http://www.landlordselfhelp.com/facts/2007_sharing_kitch_bath.pdf.

If the owner is sharing the kitchen and/or bathroom facilities with the boarder the tenancy is not covered by the Residential Tenancies Act. Please refer to the Fact Sheet “Sharing Kitchen and/or Bathroom” at http://www.landlordselfhelp.com/facts/2007_sharing_kitch_bath.pdf

A room rental still falls under the Residential Tenancies Act unless the roomer is required to share the kitchen and/or bathroom facilities with the owner, the owner’s spouse, child or parent or the spouse’s child or parent. If that is the case then this type of rental would be exempt from the Residential Tenancies Act. If you are in this category you will find a Fact Sheet on our website specifically addressing this issue, here is the link, http://www.landlordselfhelp.com/facts/2007_sharing_kitch_bath.pdf