Ontario Landlord Guide › Renting rooms in your own home in Ontario: when does the RTA apply?

Renting rooms in your own home in Ontario: when does the RTA apply?

Last updated October 22, 2026 · Written for small Ontario landlords

You'll often hear that "if they share the kitchen, the RTA doesn't apply." That's only half right. The exemption depends on who the renter shares with, and many small landlords get it wrong.

The exemption (RTA s. 5(i)), in plain words: the Residential Tenancies Act generally doesn't apply when the occupant is required to share a kitchen or bathroom with the owner, or the owner's spouse, child or parent (or the spouse's child or parent), and that person lives in the building. The LTB's Guide puts it simply: "The Act does not apply if the tenant must share a kitchen or bathroom with the landlord."

Scenarios

Your situation	Usually
You live in the house; your renter shares your kitchen or bathroom.	RTA likely does NOT apply. No LTB, no N-forms; your written room agreement and general law govern.
You own the house but don't live there; renters share the kitchen with each other.	RTA applies. Sharing with other tenants isn't sharing with the owner. Rooming-house or licensing by-laws may also apply.
You keep a room for occasional visits but live elsewhere.	RTA very likely applies. The person has to actually live there, not visit.
Your adult child or parent lives in the house and shares the kitchen with the renter.	RTA likely does NOT apply (listed family member living there).
A head tenant rents out rooms in their apartment.	The exemption is about the owner; a tenant subletting isn't the owner. Get advice.
Basement suite with its own kitchen and bathroom; you live upstairs.	RTA applies. Use the Ontario standard lease.

Pitfalls

Facts beat paperwork. Writing "RTA does not apply" in an agreement doesn't make it true.
Things change. If you move out or move in after the tenancy starts, whether the exemption applies can be disputed. Get advice before relying on it.
Not sure? Assume the RTA applies. The penalties for getting it wrong (for example an illegal lockout) are serious; RTA fines can now reach $100,000 for individuals.

What still applies even if the RTA doesn't

Human Rights Code: s. 21(1) has a similar exemption when the occupant shares a kitchen or bathroom with the owner or family living there. If the exemption doesn't apply (you don't live there), the Code's protections in tenant selection apply in full. Either way, describe the space, not the person you want.
Criminal law, fire code and local by-laws: smoke and CO alarms, occupancy limits, rental licensing (for example Brampton's residential rental licensing).
Contract law: a clear written room agreement (rent, due date, what's included, house rules, notice to end) is your main protection. Money disputes typically go to Small Claims Court.

House rules that keep a shared house calm

From experience renting rooms to one adult per bedroom: set the cleanliness standard on day one ("I use it, I clean it"), put garbage, recycling and green-bin days in writing, label shelves lightly, and try to put compatible people on the same floor. Write the rules into the room agreement, or for RTA tenancies into the lease's additional terms, as long as they don't take away RTA rights.

The toolkit's 6-page Ontario Rules Quick Guide walks through RTA vs. shared-home rooms, deposits, increases, entry and ending a tenancy, with official links.

Official sources

Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 22, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.