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.
Landlord and Tenant Board
The Ontario Landlord and Tenant Board (LTB) enforces residential landlord and tenant rights and responsibilities under the Act. The LTB has updated the methods available to Ontario tenants for accessing its services. This includes:
- matters can be scheduled for video, telephone or written proceedings, and
- applications to the Landlord and Tenant Board can be e-Filed.
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.
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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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