RESIDENTIAL TENANCY EXCEPTIONS: SHARING KITCHEN OR BATHROOM WITH OWNER

Residential Tenancy Exceptions – Sharing Kitchen or Bathroom with Owner (Ontario)

Key Legal Issue

Many people in Ontario don’t realize that the Residential Tenancies Act, 2006 (RTA) doesn’t apply to all residential situations.
If you share a kitchen or bathroom with the owner (or the owner’s spouse, child, or parent) — and the owner or immediate family member lives in the same building — your rights and responsibilities are very different.

What the Law Says (RTA s.5(i))

Under Section 5(i):

• The RTA does not apply if the occupant shares a kitchen or bathroom and the owner or their immediate family lives in the same house or apartment too.

• This exception is strictly applied:

1. The sharing must be required under the tenancy agreement, not just possible.

2. The owner must live there from the start. If they move in later, the exception does not apply.

3.  If the owner stops living there, the full RTA may apply from that point forward.

What Happens When the Exemption Applies?

If you’re sharing a kitchen or bathroom:

• You are not a tenant under the RTA — you are a licensee.

• The Landlord and Tenant Board (LTB) does not have jurisdiction, meaning the LTB cannot determine the rights of Landlord and Tenant.

• Rent control, statutory notice, and formal eviction protections do not apply.

1. The owner can end the arrangement by giving reasonable notice — usually one rental period (like one month for a monthly license).

2. No special form is required — but written notice is strongly recommended.

3. If you don’t leave, the owner must use the civil courts to get a writ of possession — no lock changes or “self-help” evictions allowed.

What If There’s a Mortgagee in Possession?

When a mortgagee obtains possession of the building:

• The RTA still does not apply if the s.5(i) exemption applies.

• The Commercial Tenancies Act (CTA) and common law govern the relationship.

• The mortgagee must give reasonable notice and may need a court order (writ of possession) to remove an occupant, whether a tenant or otherwise.

• The occupant can ask for relief from an order to vacate (relief from forfeiture) under CTA s.20 — the court may postpone eviction or allow reinstatement on fair terms, but this is discretionary.

• If the occupant does not comply with the Court Order to vacate, the Court Enforcement Office, (sheriff) enforces the court order—not the mortgagee directly.

Key Risks & Practical Tips

• Owners should clearly document the shared arrangement and their own residence in the building.

•  Use a written agreement that mentions the RTA exemption.

•  Always follow legal process — no lock changes or intimidation.

• Discrimination is still prohibited under the Ontario Human Rights Code.

• If the owner moves out, the RTA protections may apply immediately.

Conclusion

Sharing a kitchen or bathroom with an owner who lives in the property can mean the Residential Tenancies Act does not protect the occupant.
If you’re an owner, it’s vital to understand how this works to avoid costly disputes. If you’re an occupant, know that you have fewer protections and that your arrangement can usually be ended on reasonable notice, not the strict procedures under the RTA.

If you face a mortgagee in possession or foreclosure, your right to stay depends on common law, the Commercial Tenancies Act, and the court’s discretion to grant relief from forfeiture — but there is no automatic right to remain an occupant similar to a tenant under the RTA.

Need help understanding whether the RTA applies? Facing an eviction dispute?

Frank Feldman Law helps Ontario owners, occupants, landlords, and mortgage lenders navigate these complex situations with clarity and confidence.

📞 Contact us today for practical, reliable legal advice on:

• RTA exemptions

• Owner-occupier shared housing

• Mortgagee in possession

• Relief from forfeiture

• Civil eviction process