Basement Apartments and Second Units: Are You Still Protected?

Basement apartments, garden suites and other second units are a big part of Ontario's rental market. Most are covered by the Residential Tenancies Act like any other rental, as long as you don't share a kitchen or bathroom with the owner.

When the Act may not apply

If you share a kitchen or bathroom with the owner or the owner's close family who live in the home, the Residential Tenancies Act usually doesn't apply. Different rules then govern ending the arrangement.

If the unit isn't legal

• A unit that doesn't meet fire, building or zoning rules can still be a tenancy under the Act.
• The landlord can't simply lock you out because the unit is illegal: they must follow a lawful process.
• If the city orders the unit closed, get advice quickly about your rights and any compensation.

Safety first

• Check there are working smoke alarms and, if needed, CO alarms.
• Make sure there is a safe way out, such as a door or a large enough window.
• Report safety concerns to the landlord and your local fire department.

Keep records

As with any rental, keep the lease, receipts and photos.

Sources

• Residential Tenancies Act, 2006
• Ontario Fire Code (O. Reg. 213/07)

Read next: Your First Apartment in Ontario: 10 Things to Check Before You Sign

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 15 October 2026: check the current law, forms and dates before you act.

Photos from Pexels: A home under renovation · A modern apartment building under a blue sky.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.