With the cost of living on the rise.more and more people are considering renting in Ontario. You may be exploring alternative rental options—like living with roommates, renting a basement unit, or sharing a home with your landlord. However, it’s important to understand that each arrangement may come with different laws and to know what your rights are in the different scenarios..
When you’re looking for a place to live in Ontario, you might come across two very different rental situations.
Renting in Ontario
Different Rental Situations:
- Renting a self-contained apartment or unit, or
- Renting a room in a house where your landlord also lives.
While both involve paying rent, your legal rights and protections under Ontario law can differ drastically depending on your situation. Here’s what you need to know:
1. Renting a Self-Contained Apartment (Standard Tenant)
If you rent a separate unit—like an apartment or basement with its own kitchen, bathroom, and entrance—you are likely considered a tenant under the Residential Tenancies Act (RTA).
This means you have full legal protections, including:
Rent Control
Your landlord can only increase rent once a year and must follow provincial guidelines, which are updated each year and link allowable increases to the Consumer Price index. Landlords must appeal to the Landlord Tenant Board to make an above-guidelines increase in rent.
Eviction Protection
You can’t be evicted without a valid reason, proper notice, and potentially a hearing at the Landlord and Tenant Board (LTB). This means they must have a valid reason recognized under the Residential Tenancies Act (RTA)—such as non-payment of rent, property damage, or the landlord needing the unit for personal use. Even then, they are required to give you written notice and, in most cases, attend a hearing with the Landlord and Tenant Board (LTB), where you’ll have the chance to explain your side. You cannot be evicted on the spot or forced out without this due process.
Privacy Rights
Your landlord must give you 24 hours’ written notice before entering your unit (with few exceptions). The time must be between 8 a.m. and 8 p.m. Acceptable reasons include showing the unit to a new tenant or making repairs. Exceptions are rare and usually only apply in cases of emergency (e.g., fire, flood, or a suspected safety hazard).
Repairs & Maintenance
The landlord is legally required to maintain your unit in a good state of repair. Even if your lease says you’re renting “as-is,” the landlord is still legally required to meet basic health, safety, and maintenance standards under the law.
Pro Tip: Always ask if your unit is covered under the RTA, especially if it’s in a basement or a newly built home.
2. Renting a Room While Living with Your Landlord (Excluded Occupant)
If you rent a room in a house where the landlord also lives, you may not be covered by the Residential Tenancies Act. This often applies if:
- You share a kitchen or bathroom with the landlord or their immediate family.
- The landlord lives in the home as their primary residence.
In these cases, you’re considered an “excluded occupant” or a licensee, not a tenant under the RTA. That means:
No rent control Your landlord can raise rent without following RTA guidelines.
No formal eviction processYou can be asked to leave without notice or reason, and the LTB won’t intervene.
Limited privacy rights Your landlord may enter shared spaces or even your room without the same notice rules.
No dispute resolution through the LTB You’d need to resolve conflicts through Small Claims Court or by negotiating directly.
Important: Even if you have a written agreement, it may not give you full tenant rights if the RTA doesn’t apply. Always clarify your status before signing anything.
How to Protect Yourself
- Ask questions up front: Will I be covered by the Residential Tenancies Act? Do I have a private entrance and bathroom?
- Get everything in writing: Even if you’re not protected by the RTA, a written agreement can help set expectations and protect both parties.
- Know where to turn: If you’re not sure about your rights, you can contact the Landlord and Tenant Board, Steps to Justice, or ACTO (Advocacy Centre for Tenants Ontario) for guidance.
In Ontario, your rights as a renter depend heavily on the type of rental arrangement you enter into. For example, renting a self-contained apartment—where you have your own kitchen, bathroom, and entrance—typically offers much more legal protection under the Residential Tenancies Act (RTA) than renting a room in your landlord’s home or a unit that shares common spaces. These differences can impact everything from eviction procedures and rent increases to your right to privacy and repairs.
That’s why it’s so important to do your research before signing a lease or handing over a deposit. Make sure you ask questions, understand which laws apply to your situation, and keep a record of any agreements made. Taking the time to understand your legal status as a tenant isn’t just a smart move—it’s an essential step in protecting yourself, your home, and your peace of mind.
