Subsection 98 (1) of the RTA provides that if a landlord does arbitrarily or unreasonably withhold consent to the assignment to a potential assignee, the tenant or former tenant may apply to the LTB for an order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment to a potential assignee. Every landlord should know that the lease agreement must be very clear on who can live in the apartment. If I tell my landlord to mind her own business and this turns into a hostile relationship, what is the worst she can do besides jack up my rent by the max amount (~2.6%) every year? Building Code requirements | Build or buy a tiny home - Ontario Your feedback has been submitted. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Landlords in Colorado: What You Need to Know About the States Anti-Price Gouging Law. The office is located at 11805 SW 26 Street, Suite 230 (786-315-2552). They must find out what the occupancy regulations and ordinances are for apartments. Yes landlords can limit the number of people in an apartment, and this is set in both the building codes (Ontario) and municipal bylaws (Toronto). To create fair occupancy limits for your property, limit the number of people versus the number of children allowed in your rental. Under this general rule, placing your occupancy limit at four could be interpreted as overly. That is a form of prejudice. two persons per bedroom). Condo buildings, townhomes, or units in a private home (basement or main floor apartment) are not part of the RentSafeTO program. Define the number of bedrooms and bathrooms offered in your rental so tenants can filter their apartment search from the start. Save my name, email, and website in this browser for the next time I comment. Can I Limit the Number of Occupants in a Rental Property? However, does this occupancy restriction violates the federal and/or Florida Fair Housing Acts ("FHA")? See Osgoode Properties v Northmore, 2018 CanLII 153456 (ON LTB) for a reviews of the various types of tenancies. What is overcrowding in Ontario? In these cases, you have the legal right to evict the original tenant and the new tenant. Landlords may set reasonable occupancy limits that do not discriminate against families or children. The tenant may also apply under section 87 for payment of arrears of rent, section 89 for damage to the rental unit and section 148 regarding care homes. Therefore, in the ordinary case, there cannot be a sublet of a month to month tenancy. 1 Section 100 of the RTA permits a landlord to apply to the LTB for an order terminating the tenancy of a tenant and evicting the person to whom the tenant transferred occupancy of the rental unit if the tenant transferred occupancy other than by way of an authorized sublet or assignment.. 2 Pursuant to section 67 of the RTA, a landlord may give a tenant notice of termination of the tenancy if . All stairs, verandas, porches, decks, loading docks, ramps, balconies, fire escapes and other similar structures and all treads, risers, guards, handrails and supports have to be kept in a safe, clean, sanitary condition and in good repair. Some jurisdictions may permit more occupants in a smaller-sized rental unit, whereas others might be stricter about the maximum number of occupants. This helps you avoid a sticky situation if an issue arises concerning the new occupant. Based on Rent. Make sure to note the dates of your requests and any replies from your landlord. Under the Standard, suitable housing is based on the following criteria: An exception to the above is a household consisting of 1 individual living alone who may live in a studio apartment with no separate bedroom. The Ontario Building Code | Occupant Load Determination Your email address will not be published. Subsection 97(4) of the RTA provides that, if a tenant has sublet a rental unit to another person: A landlord and a subtenant are not liable to each other for breaches of the tenancy agreement or of the RTA. Pursuant to clause 95(8)(c) of the RTA, where the original tenant has commenced a proceeding under the RTA before the effective date of the assignment of the tenancy, and the benefits or obligations of the new tenant (the assignee) may be affected in the proceeding started by the original tenant, the new tenant has the option of joining in that application or continuing with the proceeding. When it comes to co-operative (co-op) housing, the co-op board and its members are responsible for ensuring that the units are maintained according to the Property Standards bylaw. If you need guidance on your specific city or state, you should consult with an attorney about occupancy laws that apply to your rental property. When deciding the occupancy limit for a property, courts consider the following factors: Most courts defer to state and local ordinances in proceedings surrounding occupancy limits to determine which rules apply and which exceptions qualify. If a tenant does not vacate the rental unit but allows another person to live in the rental unit with them, a sublet is not created within the meaning of the RTA. However, there are stipulations to this permission. Under this program, your landlord has 24 hours to respond to urgent service requests (i.e., electricity, heat, water) and seven days to respond to non-urgent service requests. The Fair Housing Act, which is administered by the federal Department of Housing and Urban Development, advises that a maximum of two individuals should be allowed to use a rental units bedroom at any given time. Actually, you can check the by-laws of the building. Second, consult Table 404.5 to determine the total number of persons that can be accommodated with the space available in living rooms, dining rooms, and kitchens. They need to know occupancy limits so they ensure the property is the right fit for the right applicants. No. This indicates that there must be a tenancy agreement between the landlord and the head tenant for a specific term. New comments cannot be posted and votes cannot be cast. When it comes to occupancy numbers, landlords can get into trouble with discrimination against familial status. It should also have a clause abouthow long visitors can stay in the unit before they would be consideredin violation of the lease. Every rental unit must have at least one toilet, one wash basin, one kitchen sink and one bathtub or shower. Is a family of 3 allowed to rent a 1-Bedroom Apartment in Ontario Therefore, if the tenant does not obtain the consent of the Landlord, even if all of the other conditions are met, that other person is not a subtenant under the RTA. Your rental lease agreement should list everyone who intends to live at the property at the time you and the renter sign it, and it should specify how long visitors can stay.