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[curney13]

Hello, I am just wondering if anyone is familiar with the law in Ontario regarding a residential tenant living in a commercial property? Let me explain the situation first. I rent a room in a house from the main lessee who rents the actual property from the property owner. He does not have an official lease only verbal. The property was rented to him as a commercial property, and he intends on using the property commercially. I have done some reading on the commercial tenant laws and it appears that if the guy I rent from fails to pay his rent the landlord can seize his property and change the locks without notice as this is a commercial property. What I am wondering is in my situation would they be able to lock me out and seize my property if the guy I rent from fails to pay his rent to the actual property owner? Are there any laws that protect a residential tenant living in a commercial property in such a situation? Am I also concidered a commercial tenant? When I first rented the room from the guy I was not aware that this was the situation. I have tried to search for information on this but could not find any. Would anyone have any information on how this works/any protections that may be available to me in such a situation? Thanks for any information you can provide. :-)

Additional information - The guy I rent from did obtain permission from the owner to allow him to rent the room to me, and the owner is aware that I rent from him as my place of residence.

[chen12]

It seems that everyone is just hoping they don't get caught and nothing goes wrong.

The building owner and the guy you are renting from are in violation of the local zoning by-laws, if mixed commercial/residential is not permitted in that zone. However, you have a residential tenancy with your landlord, even without a written lease and are covered by the Residential Tenancies Act.

If you want to stay, make sure you get rent receipts (say you need them to claim the applicable credit on your tax return). Also, you need to get some proof that the owner is aware you are renting a room for residential purposes.

If you don't want to stay, simply call your city's by-law/property standards enforcement unit. They will pay a visit, probably with the fire inspector, and slap the building owner with fines and work orders to apply for rezoning, if applicable, and to bring the building up to the standards for a rooming house, which is what it really is.