A tenant or a landlord may apply to the Landlord and Tenant Board to determine whether the Residential Tenancies Act applies.
What is required to apply to the Landlord and Tenant Board to determine if a tenacy is covered under the Residential Tenancies Act?
The A1 – Application About Whether the Act Applies would be filed with the Landlord and Tenant Board either by a landlord or tenant. The application is used to determine whether the Residential Tenancies Act applies to a particular rental unit or situation. The process for filing such an application involves the following steps: 1) An A1 Application must be completed and filed with the Landlord and Tenant Board. The application must contain details about why the applicant believes the Residential Tenancies Act does or does not apply. 2) The applicant must pay a $50 filing fee to have the application processed and hearing date scheduled. 3) The Landlord and Tenant Board will issue a Notice of Hearing. The Notice of Hearing must be served on the respondent at least 10 days before the scheduled hearing date. The respondent must also receive a copy of the A1 Application. 4) The Applicant must file a Certificate of Service with the Landlord and Tenant Board to certify that the Notice of Hearing and A1 Application had been served on the respondent. 5) An adjudicator will preside at the hearing. These hearings are generally conducted in person. 6) Once the adjudicator has heard the parties and reviewed any evidence that may be offered a decision may be announced at the hearing. Generally, the parties to the application will receive the Board’s written decision or order by mail within 10 days of the hearing.
We rented a bedroom to family friend on a short term basis more than a year ago. The police became involved in a conflict and she was told to remove her belongings and vacate. An application has been filed with the Board alleging wrongful eviction.
Based on the situation you have described, this tenancy would be exempt from the Residential Tenancies Act if you were sharing the kitchen and/or bathroom facilities with the tenant. If that was the case he does not have any recourse against you through the Landlord and Tenant Board. His application will most likely be dismissed once you state at the hearing this was a shared accommodation situation. Here is a link to our Fact Sheet on shared facilities for more information, https://landlordselfhelp.com/media/2017-Sharing-bathroom-kitchen.pdf.
The Residential Tenancies Act does not apply to my tenancy agreement because I share a kitchen and/or bathroom with my tenant. Is there any legislation that applies to my situation?
There is not legislation that governs this type of tenancy however, common law rules should be observed. Please refer to our fact sheet on Sharing a Kitchen and/or Bathroom at: https://landlordselfhelp.com/media/2017-Sharing-bathroom-kitchen.pdf.
I want to enforce an eviction notice I gave to my tenant , the tenancy agreement is exempt from the Residential Tenancies Act. Will the police help?
Property owners often seek the assistance of the police prior to changing the locks in anticipation of a confrontation arising. If the landlord intends to seek police assistance, Landlord’s Self-Help Centre strongly recommends the owner be prepared to provide documentation that supports his/her claim to exempt status. Landlords should assemble the following documents: a) the Deed or Title to the property; b) a copy of subsection 5(i) of the Residential Tenancies Act; and c) a copy of the written notice given to the tenant. Please note, the police are not obliged to assist with the recovery of the rented premises and may be reluctant to do so.
I share a kitchen and/or bathroom with my tenant. The tenant has vacated the rental unit without proper notice described in the lease. What can I do?
A tenancy in which a kitchen and/or bathroom is shared with the landlord or the landlord’s immediate family is exempt from the Residential Tenancies Act, 2006. A landlord in this situation may file a claim in Small Claims Court for breach of contract.
I share a kitchen and/or bathroom with my tenant. My tenant agreed to pay a holding fee at the start of the tenancy and my tenant is now asking for it back. Am I required to return the holding fee to my tenant?
A tenancy in which a kitchen and/or bathroom is shared with the landlord or the landlord’s immediate family is exempt from the Residential Tenancies Act, 2006 and there is no governing legislation which applies specifically to this type of tenancy. If the tenant agreed to provide you with a non-refundable holding fee then you are not obligated to refund the fee.
Since the rental agreement is exempt from the legislation, notice requirements and guidelines for terminating an exempt tenancy agreement are not defined. Landlords must rely on common law practices in this situation; LSHC suggests that written notice equal to one rent period (one week notice for a weekly tenancy and a one month notice for a monthly agreement) be given. Give the notice in writing and keep a copy for you file.
The Residential Tenancies Act states: 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 Residential Tenancies Act does not apply to a residential rental agreement that requires the owner of the property or the owner’s immediate family, which includes spouse; parent; or child/children, to share a kitchen or a bathroom with the renter.