Rooming House or Tenancy? When the RTA Does Not Apply (s. 5(i))
Sharing a kitchen or bathroom with the owner of the property? The Residential Tenancies Act may not protect you. A plain-English guide to the s. 5(i) exempti...
Frequently Asked Questions
I share a kitchen with the homeowner. Am I a tenant or a boarder?
If the owner — or the owner's spouse, child, parent, or spouse's child or parent — actually lives in the building, and you are required to share a kitchen or bathroom with them, you are a boarder under RTA s. 5(i) and the RTA does not protect you. If any of those elements is missing, the RTA applies and you are a tenant.
How much notice does an owner have to give a s. 5(i) boarder?
There is no fixed statutory notice period. Common-law reasonable notice applies, which depends on how long you have lived there, what was agreed, and the surrounding circumstances. In practice, courts and police generally treat 7 to 30 days as reasonable for short-term arrangements; longer for established occupants. Always confirm with a paralegal or lawyer before relying on a short notice.
Can the owner just change the locks if s. 5(i) applies?
No. Even where the RTA does not apply, an owner cannot use self-help to remove a person's belongings or change the locks while they are still occupying. The correct route is written revocation of the licence, reasonable notice to vacate, and (if necessary) a police trespass attendance after the notice period expires.
What if I have lived there for years — does s. 5(i) still apply?
The exemption still applies as long as the three elements (required sharing, with the owner or close family member, who lives in the building) remain true. But length of occupancy will affect what counts as "reasonable notice" at common law. Long-term boarders are typically entitled to substantially more notice than someone who just moved in.
Does s. 5(i) apply if my landlord is a numbered company?
It depends on who actually lives in the building. The exemption looks at the actual owner — and a court will look beyond the corporate name to see who lives there. If a director or family member of the corporation lives there and shares facilities, the exemption may apply. If only a manager or unrelated employee lives there, it usually does not.
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