Renting a Room: When the Residential Tenancies Act Does Not Apply
Most people who rent a home in Ontario are protected by the Residential Tenancies Act (RTA). But renting a room in someone else's home can be different, and the rules turn on who lives there and what is shared.
- The RTA generally does not apply if you share a kitchen or bathroom with the owner, or with the owner's spouse, child or parent, and they live in the home.
- If the landlord does not live there, a roommate renting a room is usually covered by the RTA.
- If the RTA does not apply, the agreement and general law govern, and the usual LTB process may not be available.
- Even so, an owner cannot simply lock someone out or throw their belongings out. Get advice before taking any step.
The shared-accommodation exception
The RTA has an exception for living space where the occupant has to share a bathroom or kitchen with the owner of the building, or with the owner's spouse, child, parent or spouse's parent or child, and the owner or that relative lives in the building. In that case the tenant protections, including the usual notice and eviction process, generally do not apply.
Roommates and co-tenants
- If everyone signed the same lease, each tenant is generally responsible for the whole rent unless the lease says otherwise.
- If a tenant on the lease rents a room to a roommate who is not on the lease, that person is usually a subtenant or occupant, and the lease holder acts as their landlord.
- A roommate who is not on the lease usually cannot be evicted by the other roommates without following the rules that apply to their situation.
If you are unsure whether the Act applies
- A tenant or landlord can ask the LTB to decide whether the RTA applies (the A1 application).
- Gather facts: who owns the home, who lives there, what is shared, who collects rent and what was agreed.
- Do not assume an agreement that says it is outside the Act is the end of the matter. What the arrangement actually is matters more than the label.
Where the RTA does not apply
- Put the agreement in writing: rent, what is included, notice to end it, house rules and the deposit.
- Reasonable written notice is the safest way for either side to end it.
- Lockouts, removing belongings or cutting utilities can have legal consequences, even outside the RTA. If you are locked out, get advice at once.
- Money disputes can be taken to Small Claims Court.
Common questions
My landlord lives in the basement and I rent the main floor. Am I covered?
It depends on what you share. If you have your own kitchen and bathroom, you are generally covered by the RTA. If you share them with the owner, you may not be.
Can a roommate be evicted by the lease holder?
It depends on the arrangement. A roommate who is not on the lease may be a subtenant, and the lease holder may need to follow the RTA process. Do not change locks or remove belongings without advice.
Who can help. Licensed paralegals can represent landlords and tenants at the Landlord and Tenant Board, and can help with Small Claims Court disputes over money.
This guide 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.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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