Types of tenancies – Ontario housing law basics

There are a few laws that govern different types of tenancies in Ontario:

• Residential Tenancies Act: governs most tenancies

• Housing Services Act: adds rules and regulations for subsidized tenancies

• Co-operative Corporations Act: governs co-operative housing

• Long-Term Care Homes Act: governs housing in long-term care homes

• Retirement Homes Act: adds rules and regulations for tenancies in retirement homes

The Residential Tenancies Act (RTA) is a comprehensive law that defines and sets rules around what landlords and tenants are, their rights and responsibilities, tenancy agreements, repairs and maintenance, eviction and tenancy termination, rent and utility costs, care homes, mobile home parks and land lease communities. It also outlines the administration and enforcement of the law, offences under the law, and regulations that may be applied by relevant authorities.

Finally, the RTA defines the role and functions of the Landlord and Tenant Board as the exclusive body responsible to determine how the RTA must be applied. If tenants have any concerns about their landlord or tenancy, they can file an application with the Landlord and Tenant Board.

The Housing Services Act (HSA) provides rules for people who live in subsidized housing. Tenants who live in most subsidized housing are protected under the RTA and the HSA, as well as any additional rules set by their service provider, which is typically their municipal government. Tenants can find more information about their local municipal housing guidelines by contacting 211 Ontario.

The Co-operative Corporations Act provides rules and regulations for people who live in co-operative housing. These individuals are not considered tenants under the RTA, but they still benefit from some of its protections.

The Long-Term Care Homes Act provides rules and regulations for people who live in long-term care homes. These individuals are not protected under the Residential Tenancies Act.

The Retirement Homes Act provides rules and regulations for people who live in retirement homes. These individuals are also protected under the RTA.

Please see our other FAQs below for information on these laws and tenancies in co-operative housing, supportive housing, and certain roommate arrangements that are not covered by the RTA and HSA.

The Residential Tenancies Act (RTA) defines a tenant as a person who pays rent in return for the right to occupy a rental unit.

The RTA also defines that a tenant is not “a person who has the right to occupy a rental unit by virtue of being a co-owner of the residential complex in which the rental unit is located, or a shareholder of a corporation that owns the residential complex.”

Exceptions to the RTA definition of a ‘tenant’

It can be unclear for some people to determine if the RTA definition of a ‘tenant’ applies to them, and as a result, if the RTA applies to their tenancy. Most people who pay rent to a landlord for a unit are considered a ‘tenant’ by the RTA because the definition of a tenant is very broad.

There are, however, exceptions to this definition. The most common exceptions are if you live in:

• a unit where you share a kitchen or a bathroom with your landlord
• a housing co-operative
• a long-term care home
• a seasonal or vacation accommodation, for example a hotel or a campground
• a unit that you share with roommates, although this depends on the arrangement. Find out if you are protected by the RTA as a roommate

If you think that the definition of a ‘tenant’ does not apply to you under the RTA, you may not have the rights and protections afforded under the RTA. Specifically, this means:

• you may not be able to file an application with the Landlord and Tenant Board to enforce your rights under the RTA
• you may not be covered by the rules that regulate rent increases
• your landlord may not need to follow any of the eviction procedures in the RTA

Please read through our other FAQs for information about what laws protect your type of tenancy, and where you can get help for your housing concerns.

The Residential Tenancies Act (RTA) defines a landlord as “the owner of a rental unit or any other person who permits occupancy of a rental unit”. The RTA also defines that a landlord can be other people who act as a representative for the owner of the rental unit, for example a family member or an employee of the landlord.

A roommate or another tenant is not considered a landlord

The RTA defines that a landlord is not “a tenant who occupies a rental unit in a residential complex and who permits another person to also occupy the unit or any part of the unit.”

In other words, if you pay your rent directly to another tenant – for example, a roommate – that other tenant is not considered to be your landlord under the RTA. In this scenario, you are in a different type of relationship that is not covered by the RTA. You may be in a licensee-licensor relationship, instead of a landlord and tenant relationship. If you find yourself in conflict with the person you pay rent to in this type of situation, you may want to seek legal advice or information.

If you live with a roommate and need more information about your rights:

• Find out if you are protected under the Residential Tenancies Act

• Contact us if you need support:
  • Call: 1-800-263-1139   OR   416-944-0087
  • Email: cchr@housingrightscanada.com

Members of housing co-operatives are not considered tenants under the Residential Tenancies Act (RTA), however they still benefit from some of its protections. In addition, they also have some protections under the Co-operative Corporations Act.

Members of housing co-operatives cannot be evicted unless they receive an eviction order from the Landlord and Tenant Board. The housing co-operative’s Board of Directors must first follow its internal eviction process, then apply for an eviction with the Landlord and Tenant Board, and follow a similar eviction procedure outlined in the RTA.

Members of housing co-operatives cannot file applications with the Landlord and Tenant Board to enforce their rights the same way that tenants who are protected under the RTA can.

To seek assistance with a housing concern, members of housing co-operatives can:

• Consult the co-operative’s by-laws
• Request a meeting with the co-operative’s Board of Directors
• Consult their local co-operative housing federation chapter

• Exercise a remedy under the Co-operative Corporations Act

• Seek legal advice before starting an action in court:
  • Local Legal Aid Ontario Clinics

• Steps to Justice

The Residential Tenancies Act (RTA) applies to tenants that live in certain types of supportive housing, but not all. To find out which laws protect your rights, you must first determine which type of supportive housing you live in.

There are three different types of supportive housing in Ontario:

• Long-term care homes are rental homes that provide the highest level of care by helping residents with most of their daily activities, such as eating or bathing, as well as 24-hour nursing and personal care. Long-term care homes are regulated, licensed and organized by the province. The Ontario government pays for the health care services provided by the long-term care home, and regulates the cost of accommodation. People interested in living in a long-term care home must apply through a provincial Local Health Integration Network.

• Care homes are rental homes that provide care services, including: nursing care, supervision of prescription drugs, an emergency response system, help getting from place to place, incontinence care, and assistance with daily activities, such as eating, bathing, dressing, and personal hygiene. Care homes are not operated or licensed by the province. Tenants in care homes pay for their own rent and may pay additional fees for the health care services provided in these residences.

• Retirement homes are rental homes that provide limited care services. They usually do not provide 24-hour nursing or personal care, but they are required to provide at least two of the care services set out in the Retirement Homes Act.

→ If you live in a long-term care home

Individuals that live in a long-term care home are protected under the Long-Term Care Home Act, but not under the Residential Tenancies Act.

Learn more about these laws

If you or someone you know has legal concerns and lives in a long-term care home, the Advocacy Centre for the Elderly (ACE) may be able to help. Contact ACE for more information:

• Website

• Call: 416-598-2656

→ If you live in a care home

Care homes are a different type of housing than long-term care homes. Care homes are independently run and are not licensed by the provincial government. The government does not regulate the cost of accommodation in care homes, and does not pay for the care services received.

Individuals that live in a care home are protected under the Residential Tenancies Act. This means that they cannot be evicted without proper notice and can enforce their rights through the Landlord and Tenant Board.

Find more information:

• Rights and obligations of those living in care homes

→ If you live in a retirement home

Individuals that live in a retirement home are protected under the Residential Tenancies Act (RTA). They are also protected under the Retirement Homes Act, under which the Retirement Homes Regulatory Authority is responsible to enforce rules and investigate complaints.

• Learn more about these laws

If you or someone you know has legal concerns and lives in a retirement home, the Advocacy Centre for the Elderly (ACE) may be able to help. Contact ACE for more information:

• Website

• Call: 416-598-2656

Tenants that live in rent-geared-to-income (RGI) housing are considered tenants under the Residential Tenancies Act, and have all of the same rights and obligations as all other tenants.

Tenants that live in RGI housing have additional responsibilities to their landlords under the Housing Services Act. They are required to provide their landlord with information about changes in their life that may affect their RGI status.

If you have questions or concerns about your RGI housing status contact:

• Your municipal housing service provider. Contact 211 Ontario to ask for assistance.

• Your local legal clinic

You can also contact CCHR for assistance if you are facing eviction:

• Call: 1-800-263-1139   OR   416-944-0087
• Email: cchr@housingrightscanada.com