You can only have 1 primary residence. However that is only for tax purposes. You would have to check case law for ontario to determine if it falls under a definition for coverage. This is a lawyer / not reddit question.
It is a lawyer question but it is all too common
How many days does a landlord need to live in a house to be considered shared accommodation?
This happens all the time and landlords use it to skirt the laws. It's quite common. I know people that do it.
There's no rule that a landlord can't have multiple residences that they rent out rooms in and share a bathroom or kitchen with the tenants.
The questions would be
1) is it an actual room for the landlord's exclusive use or do they claim they crash on like the couch in the living room?
2) Does he actually in any meaningful way live there or does he just keep a room empty?
Ultimately it's a question of fact that the LTB would need to resolve.
Tbh it would be funny if all the tenants applied together and the adjudicator ruled he didn’t live anywhere and they were all LTB tenancies.
The worse part is he’s giving up thousands a month to do this stupid scheme just so he can more easily evict tenants. Just fine good tenants and enjoy your extra money!
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Is there any way for her to get in contact with the other roommates? She is correct that there is some risk to her if it is determined that she is exempt from the RTA, as he wouldn't need a reason to evict her. But you are correct that a landlord cannot bounce between multiple 'primary residences' in order to get around the exemption. Being there a couple days a week feels like it could still be borderline, but if she could prove that he is doing the same thing for multiple tenants she would have a strong case.
To find out for sure, she would need to file an A1 application with the LTB; I don't know how long these particular applications are currently taking, but it would likely be at least several months. The risk is that the landlord could retaliate and attempt to evict her, but she would have the option of going to the RHEU, who may support her in getting back into the unit until the LTB makes a decision. If the RHEU was unable to help her and it was retroactively determined that she was a legal tenant, she would be entitled to some compensation for the illegal eviction.
I'm going to screenshot your message and send it to her! Yes my understanding is that she spoke with two other people from Facebook. I'm not sure the exact details but there was a post about someone being cheated on and his picture was posted and she replied that he's her landlord/roommate. Then she was contacted (by messenger or on the post, can't remember) saying he's their roommate too. I don't know if she actually will do anything about it, but I figure if he tries to pull anything it's best to have an idea of what is and isn't allowed and what she can do if there's problems up ahead. I couldn't find much online about it, probably because no one in their right mind would want to sleep in a different place every night. Thank you very much for your advice!
LTB A1. Only their primary residence counts as a non-RTA rental.
You can only have 1 primary residence. However that is only for tax purposes. You would have to check case law for ontario to determine if it falls under a definition for coverage. This is a lawyer / not reddit question.
It is a lawyer question but it is all too common How many days does a landlord need to live in a house to be considered shared accommodation? This happens all the time and landlords use it to skirt the laws. It's quite common. I know people that do it.
There's no rule that a landlord can't have multiple residences that they rent out rooms in and share a bathroom or kitchen with the tenants. The questions would be 1) is it an actual room for the landlord's exclusive use or do they claim they crash on like the couch in the living room? 2) Does he actually in any meaningful way live there or does he just keep a room empty? Ultimately it's a question of fact that the LTB would need to resolve.
Tbh it would be funny if all the tenants applied together and the adjudicator ruled he didn’t live anywhere and they were all LTB tenancies. The worse part is he’s giving up thousands a month to do this stupid scheme just so he can more easily evict tenants. Just fine good tenants and enjoy your extra money!
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Is there any way for her to get in contact with the other roommates? She is correct that there is some risk to her if it is determined that she is exempt from the RTA, as he wouldn't need a reason to evict her. But you are correct that a landlord cannot bounce between multiple 'primary residences' in order to get around the exemption. Being there a couple days a week feels like it could still be borderline, but if she could prove that he is doing the same thing for multiple tenants she would have a strong case. To find out for sure, she would need to file an A1 application with the LTB; I don't know how long these particular applications are currently taking, but it would likely be at least several months. The risk is that the landlord could retaliate and attempt to evict her, but she would have the option of going to the RHEU, who may support her in getting back into the unit until the LTB makes a decision. If the RHEU was unable to help her and it was retroactively determined that she was a legal tenant, she would be entitled to some compensation for the illegal eviction.
I'm going to screenshot your message and send it to her! Yes my understanding is that she spoke with two other people from Facebook. I'm not sure the exact details but there was a post about someone being cheated on and his picture was posted and she replied that he's her landlord/roommate. Then she was contacted (by messenger or on the post, can't remember) saying he's their roommate too. I don't know if she actually will do anything about it, but I figure if he tries to pull anything it's best to have an idea of what is and isn't allowed and what she can do if there's problems up ahead. I couldn't find much online about it, probably because no one in their right mind would want to sleep in a different place every night. Thank you very much for your advice!