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Ontario|Landlord & TenantLandlord & Tenant 423 Different Laws for Residential and Commercial Tenants Generally, the law gives substantially more rights to residential tenants than commercial tenants. However, it is not always obvious whether a tenancy is residential or commercial.
- Residential tenants covered by Tenant Protection Act
If a tenant rents an apartment, house, or room in a house as their personal residence, they are normally considered to have a residential tenancy agreement and are covered by the Tenant Protection Act. The Tenant Protection Act replaced the Landlord & Tenant Act, by eliminating rent control and introducing new procedures for resolving disputes.
- Commercial tenants have less rights
If a tenant mainly uses the premises for business, or signs a commercial lease, they are usually considered to be a commercial tenant with fewer rights than a residential tenant. Even if a landlord requires a tenant to sign a commercial lease, or if the municipal zoning by-laws consider the premises commercial, a tenant may still be considered a residential tenant if the premises is mainly used as their home.
For additional information on residential and commercial tenancies refer to other sections of Legal Line .
RESIDENTIAL: TENANT PROTECTION ACT
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