Recently we came across the following recent TikTok video posted by a former tenant about a rental dispute in Ontario:

@mikaylaannanicole #stitch with @mikaylaannanicole #greenscreen I repeat, LANDLORDS ARE SCUM #ontariohousingmarket #evicted #tenant #landlordproblems #ontario ♬ Where'd All the Time Go? – Dr. Dog

The Rental Dispute

The original video has gone viral, and in fact has even been covered by the CBC.

According to the CBC article, the bitter dispute started when the tenant was asked to leave her London home, which she shared with the landlord. The landlord’s reason was that he needed the space so his fiancée could move in. Weeks later, the tenant saw her exact unit listed for rent for $300 over what she paid for.

We can only imagine that, upon finding this out, the tenant must have felt cheated, lied to, and/or any number of other similar emotions. CBC did reach out to the landlord for his side of the story as well. The landlord alleged that they shared a shower and a kitchen, and thus the tenant could not be considered a “tenant” under the Ontario Residential Tenancies Act (“RTA”).

According to update TikTok videos posted, the tenant is apparently disputing the landlord’s allegations and is pursuing a legal case at the Ontario Landlord & Tenant Board.

Ontario’s Residential Tenancies Act and Tenants’ Rights

The Ontario RTA is, as the name suggests, a comprehensive law in Ontario that sets out the rights and responsibilities of residential landlords and tenants. It essentially sets out rules regarding the tenancy for everything from rent increases to eviction. The RTA is applicable to virtually all rental housing situations.

Importantly, from the tenant’s perspective, it prevents landlords from doing what they want without any repercussions. For example, under section 27 of the RTA, landlords need to give tenants 24 hours notice if they want to enter the property.

So when does the RTA not apply?

The Roommate Exception

While we won’t comment any further on the case above about the London-based landlord and tenant as there seems to be some inconsistent information, we figured the case puts a spotlight on one of the most important exceptions where the RTA does not apply in Ontario, which we like to call “the roommate exception”.

“Roommate” is not defined in the RTA. However, section 5(i) of the RTA states that the RTA does not apply when tenants share a kitchen or bathroom in the building with their landlord (or their immediate family).

This is all very important because if the RTA doesn’t apply, tenants are severely limited in the rights they have. They can be evicted for any reason with little to no notice. They can have rent increased on them arbitrarily. They may have vital services (i.e. heat, water, etc.) shut-off by the landlord.

What all of this means is that the RTA is a very important law for tenants as it offers a wide variety of protections and rights to tenants in Ontario.

How Should Ontario Tenants Protect Themselves?

Whether a tenant is considered a “tenant” or a “roommate”, and thus whether the RTA applies is fact specific. Much of it will depend on your written lease agreement, circumstances of the tenancy, etc. It is best for you to consult a legal professional next time you’re looking to rent in Ontario. Consider using our free Legal Referral Service to talk to a lawyer or paralegal near you before signing your next lease agreement.

Another important suggestion we have is for tenants in Ontario to familiarize themselves with their rights under the RTA. Obviously, this is easier said than done given it is a complex law filled with complicated legal terminology. As such, we suggest the next best thing, which is to look for summaries of your rights as a tenant across multiple reputable websites on the Internet. This includes: the Landlord and Tenant Board, Community Legal Education Ontario, and even the Ontario Government’s website.

If you’re looking for other legal resources, take a look at our Legal Resources page for links to various websites offering legal information.

DISCLAIMER: articles posted in this blog are for informational purposes only. It may not be up-to-date, is not intended to serve as a comprehensive treatment of the topic, and may not be accurate. It shall not be construed as legal advice. No solicitor-client relationship is established from accessing this website and/or webpage. Nothing replaces retaining a qualified, competent lawyer or other legal professional, well versed in this area of the law to provide you legal advice.