Who does the RTA apply to?

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Who does the RTA apply to?

Postby LjP » Wed Sep 18, 2013 7:11 pm

There are several exemptions listed under Section 5 of the Residential Tenancies Act... for most landlords (& tenants as well), it is Section 5.1 which is the most important:

5 (i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;

If the landlord (or any member of his/her immediate family) live in the building and share a bathroom or kitchen, the RTA does not apply.

This can be extremely useful in the case of a rooming house, for example. In our case, the first time I had a problematic tenant I actually had called and booked a room for him & his dog at a motel because the situation was becoming potentially violent. He refused to leave, so I called the police and asked for advice.

The officer who answered the phone asked if I owned the house - yes - okay, do you share a kitchen or bathroom with the tenant - yes - okay; we'll be right there and remove him. I had no idea!! But they did, in fact, remove the young man. They also returned with him the following day to allow him to remove his belongings...

The whole process was ever so much easier - and cheaper - than having to go through the LTB process - I highly recommend that if you are renting rooms, you maintain one for your own use (and use it occasionally - you don't have to live there full time) ... for us, tis well worth the loss of income from that one room.
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