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Is a Retirement Home a Tenancy? Ontario’s RTA Never Uses That Word — It Uses “Care Home”
Worried a parent in an Ontario retirement home is stuck with house rules instead of tenant rights? The Residential Tenancies Act (RTA) never uses the words “retirement home,” and its one exclusion list, s.5, names only long-term care homes — not retirement residences. So your parent stays a full tenant under the Act’s working label, “care home,” with the extra Part IX protections that follow. The one catch is s.148, a power to move a resident out for rising care needs — but it is hedged by a two-part test and mandatory mediation, not a free hand. On top sits a second regulator, the RHRA under the Retirement Homes Act, 2010, which by s.52 cannot override the RTA. Broker Arthur Zhao maps how the two layers fit.
A Writ of Execution Shows Up Against Your Name — But the Debt Isn’t Yours: Clearing a Same-Name Writ in Ontario
An execution search hits a writ of execution under a name identical to yours, yet you’ve never owed the judgment behind it. Under Ontario’s Land Titles Act s.136 the fix is a question of identity, not payment: if the writ’s name differs from your registered name it has no effect (s.136(6)); if the names match, the land registrar — not your lawyer — decides you’re not the same person and registers the sale free of the writ (s.136(7)). Broker Arthur Zhao maps the clearance routes, the full-given-name rule, and why running the search early decides everything.
My Landlord Took Away My Parking — LTB or Small Claims? The Jurisdiction Split (and the One-Year Clock)
Landlord pulled your parking, or started billing for it on the side? Whether you fight it at the Landlord and Tenant Board or in Small Claims Court turns on one thing: was the parking part of a residential tenancy. If it was, parking is a service or facility under RTA s.2(1) — file a T3 rent reduction (s.130) or a T2 for substantial interference (s.29), claim a value-based amount (O. Reg. 516/06 s.39, never a flat percentage), and move inside the one-year limit (s.130(5)). Standalone parking is not a rental unit, so the LTB steps aside and Small Claims takes over. Ontario broker Arthur Zhao maps the dividing line.
You Fired Your Building Superintendent. No, You Can’t Just Change the Locks — How Ontario’s RTA Really Handles a Super’s Unit
Fire your building superintendent and you still cannot change the locks on the suite that came with the job. Under Ontario’s Residential Tenancies Act a superintendent’s premises is a rental unit (s.2(1)), and a tenancy agreement expressly includes a licence to occupy — so “it’s only staff housing” doesn’t take it outside the Act. Part V then moves fast: s.93 ends the tenancy the day employment ends, gives one week to vacate, and lets the landlord charge nothing for that week — but s.94 still requires a Form L2 at the Landlord and Tenant Board to evict. No lockouts. The one kind of employee housing genuinely exempt is farm-worker accommodation under s.5(b). Arthur Zhao, licensed broker, on how the rules actually run.
The “Just Sign Here” Document at Closing: What an Ontario Declaration of Possession Really Guarantees (Hint: Not Squatters or Liens)
For most Ontario sellers the Declaration of Possession sworn just before closing is a formality — but signing it carelessly is not. This explains why Land Titles Act s.51(1) makes it hollow for the 99.9% of parcels now in Land Titles, the narrow cases where it still bites (Registry non-converts and LTCQ lands), the ten-year and twenty/forty-year limitation clocks behind adverse possession and prescriptive easements (RPLA s.4, s.31), what the document is not (occupants, liens, work orders), and how a vague oath can leave the seller liable. Broker Arthur Zhao explains.
Your Tenant Pulled the Battery Out of the Smoke Alarm — Are You, the Landlord, on the Hook? Ontario’s Ongoing Fire Code Duty
Who answers when a tenant disables the smoke alarm and a fire follows — the tenant, the landlord, or both? Under Ontario’s Fire Code (O. Reg. 213/07), disabling an alarm is an offence for anyone (6.3.3.6), but the maintenance and testing duty is fixed on the landlord alone (2.13.1.2, 6.3.3.2) and can’t be handed to the tenant in the lease. What you owe during the tenancy — annual and change-of-tenant testing (6.3.3.8), the manufacturer-instruction handover (6.3.3.4) — and whether a pulled battery is an N5 or an N7 under the RTA. Broker Arthur Zhao explains.
Does the Seller Still Owe You Anything After Closing? Ontario’s Merger Doctrine and Warranty Survival Clauses
After closing you discover the seller's statement was not true — can you still go after them? Ontario's merger doctrine merges contract rights into the deed on completion, so most claims disappear unless the clause says survive and not merge. In OREA's standard Form 100, only clauses 17 and 23 carry that wording. Broker Arthur Zhao explains what survives closing and why everything else has to be written into the schedule.
You Got the Eviction Order for Rent Arrears — Paying It Off Doesn’t Always Save You in Ontario
Facing an Ontario eviction order for unpaid rent? Section 74 of the Residential Tenancies Act gives three separate chances to pay and stay: before the order issues (discontinued), before it becomes enforceable (void, with no limit), and before the sheriff enforces it (set aside). Only the last is capped at once per tenancy. Broker Arthur Zhao maps what you owe at each stage.
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