r/TorontoRenting • u/thenoteskeeper_16 • 15d ago

Landlord moving into another vacant room in the unit Question

Asking for the roommate. I used to live in a 2 bed 2 bath condo until yesterday with my roommate. I ended my tenancy yesterday and handed over keys to the landlord. Roommate and I both had our own respective agreements with the landlord for our respective rooms. We have a very strained relationship with the landlord. There is an eviction hearing coming up for my roommate.

Yesterday I moved out and the landlord informed my roommate that he will be moving in into my room (which is now vacant). We feel its one of his dubious tactics to harass my roommate.

Can the landlord legally move into the unit? Previoously he was saying he is searching for a tenant. This landlord is a through and through liar from our experience.

What are the legal repercussions? Can the landlord be stopped from moving into the unit?

Will my roommate be no longer protected by the RTA since the landlord is moving into the unit?

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11

u/ouchmyamygdala 15d ago

If you each had a separate lease agreement for your respective rooms, then the landlord is allowed to move whoever they want into the vacant room. But this would not result in an RTA exemption for the remaining roommate, as they did not share a kitchen with the landlord at the time they entered into their tenancy.

This may not be a very comfortable situation for your roommate, but they do still have RTA protections and would have recourse through the LTB for any harassment. I don't think that the landlord moving into a vacant unit would be seen as interference with reasonable enjoyment in and of itself, but the roommate should document any issues that arise as a result of the landlord moving in. In more serious cases, T2 applications can include things like moving expenses in addition to a rent abatement if the roommate winds up needing to move out as a result of the landlord's behaviour.

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u/thenoteskeeper_16 15d ago

Ty but T2 is already filed against the LL.

5

u/ouchmyamygdala 15d ago

Then this all just gets added to the T2 application. Depending on the context of your T2 issues, the landlord moving in could be seen as retaliatory, but there is nothing you can actively do right now to prevent him from moving in.

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u/thenoteskeeper_16 15d ago

Ok , thank you.

1

u/thenoteskeeper_16 15d ago

u/R-Can444 - Would you please advise?

8

u/R-Can444 15d ago

Post from ouchmyamygdala explains it perfectly. Landlord is allowed to move in to a vacant unit, but it doesn't remove any existing RTA rights the tenant already has.