Do tenants have rights if they only rent a room?

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Do tenants have rights if they only rent a room?

Region: New BrunswickAnswer Number: 428

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Most tenants are covered by their provincial or territorial Residential Tenancies Act, which sets out the rights and obligations of residential landlords and tenants.  While each provincial legislation is different, in many provinces, rooming houses, boarding houses, and rooms in landlords’ houses have special exemptions from landlord-tenant legislation.

For example, in most provinces, such as Ontario, Alberta and New Brunswick, tenants who rent a single or shared room have the same rights as most other residential tenants. However, if they share a kitchen or a bathroom with the owner or the owner’s immediate family members, they are excluded from the Residential Tenancies Act and special rules apply. Also, if a tenant rents a single or shared room from an educational institution, like a university, the educational institution can have special rules or rights that are not the same as the ones under the Residential Tenancies Act.

In most cases, a tenant who shares a kitchen or bathroom with the owner or the owner’s family does not have a legal right to remain living on the premises without the owner’s consent, and can usually be evicted at any time without notice. The exception is if the tenant enters into an oral or written agreement with the owner and the owner breaks the agreement by forcing a tenant to move out early, or disposes of a tenant’s property.

If a tenant is evicted and the owner refuses to return the tenant’s personal property, the tenant should call the police. A local legal clinic may also be able to provide additional information and advice about tenancies not covered by applicable residential tenancies legislation, such as the Residential Tenancies Act.

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For more information about tenant rights where you live, visit your provincial or territorial government landlord and tenant office.

For legal assistance, contact a lawyer.