Hey everyone, I own a condo and live in it when I’m not on vacation. I’m thinking about renting out a spare room (not my bedroom) for 8 months while I’m away. Do I need to use the standard Ontario lease for this, or can I make it a fixed-term rental? Not sure about the rules here.
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This is a bit of a grey area. The key question is whether you’re actually sharing living space with the tenant. If you’re away for most of the 8 months, it might be interpreted as not sharing a kitchen or bathroom, which would mean the Residential Tenancies Act (RTA) applies.
If the RTA applies, you’d need to use the standard lease. If it doesn’t, you could potentially use a different agreement. But it’s not clear-cut, and the tenant could potentially file to have the LTB determine if they’re covered by the RTA.
Given the complexity, you might want to consult with a lawyer or paralegal who specializes in landlord-tenant law to get a definitive answer.
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why not just leave it empty? seems like a lot of hassle for 8 months
Yeah, I’ve thought about that. It would definitely be easier, but I could use the extra income to offset some travel costs.
Have you considered using a platform like Airbnb for longer-term stays? That might be a good middle ground - you’re not dealing with tenancy laws, but you can still rent out the space for an extended period.
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airbnb has lots of fees tho. might eat into ur profits
It’s important to note that your rights to your primary residence don’t change just because you have a roommate and go on vacation. However, if you’re away for more than 6 months, it could potentially affect your primary residence status.
As long as you’re sharing a kitchen or bathroom with the tenant, they would likely be exempt from LTB protections. But again, this is assuming you’re actually living there for a significant portion of the time.
If you decide to go ahead with this, make sure you have a clear agreement in place, detailing the terms of the arrangement, including the fixed term and what happens at the end of that term.
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wat if the tenant refuses to leave after 8 months? can u just kick them out?