Area of Law: Landlord and Tenant
Answer # 423
Different laws for residential and commercial tenantsRegion: Ontario Answer # 423
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 the Residential Tenancies Act
In Ontario, 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 Residential Tenancies Act.
Commercial tenants have fewer 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. In Ontario, commercial tenancies are covered under the Commercial Tenancies Act. However, 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 are mainly used as a home.
For more information about tenancies in Ontario, visit the Landlord and Tenant Board.
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For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts:
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