- Exemptions from Legislation for Rooming House and/or Roommates:
- Section 5 of the Residential Tenancies Act (RTA) provides exemptions aimed at specific living arrangements.
- These exemptions pertain to situations where property owners or their immediate family members share kitchen or bathroom facilities with tenants.
- Essentially, if the owner or their family members live in the same building as the tenant and share these facilities, the RTA may not apply.
- Terminating Exempt Rental Relationships:
- Since exempt situations are not governed by specific guidelines in the RTA, landlords have more flexibility in terminating rental agreements.
- It’s recommended that landlords provide notice equivalent to the rental period, such as one week’s notice for weekly tenancies or one month’s notice for monthly tenancies.
- Written notice to the tenant is strongly advised, outlining the intention to terminate the rental agreement and specifying the exempt status.
- Forms and Notices:
- There’s no prescribed form for giving notice to vacate in exempt situations.
- However, landlords are encouraged to clearly state the date by which the tenant must vacate and to indicate that the rental premises are exempt from the RTA due to shared facilities with the owner or their family members.
- Notice Period for Termination:
- Unlike standard tenancies governed by the RTA, the notice provisions of the act don’t apply to exempt situations.
- Landlords are left to rely on their discretion and good judgment when terminating exempt rental agreements.
- Renter Refusal to Vacate:
- If a tenant refuses to vacate the premises after receiving notice, the landlord can take steps to regain possession.
- However, changing locks may lead to police involvement, so landlords should be prepared.
- It’s strongly recommended that landlords have documentation supporting their claim of exempt status if police assistance is necessary.
- Renter’s Action Options:
- Tenants who disagree with the exemption status of their rental agreement can dispute it by filing Form A1 with the Landlord and Tenant Board.
- This process involves completing the form, paying a fee, attending a hearing, and awaiting an adjudicator’s decision.
- Benefits of Obtaining Order:
- Obtaining an order from the Landlord and Tenant Board that reinforces the exemption can simplify the process of regaining possession for the landlord.
- Additionally, such an order provides documentation of the Board’s determination, which can be useful for future reference.
- Exceptions to RTA Application:
- There’s one exception to the exemption rule: if the landlord moves into the rental unit after the tenant has already occupied it, the RTA applies.
- Rental Arrangement with Roommates:
- Rental arrangements between a tenant and a roommate or under-tenant are not covered under the RTA.
- However, common law practices still apply, and tenants are encouraged to file an A1 application with the Landlord and Tenant Board if unsure about their rental agreement’s coverage under the Act.
Residential Tenancies Act RTA Fact Sheet: Sharing Kitchen or Bath. Rooming House and Roommates
Published on
SourcePaul J Rouillard
