A Tenant is a person recognized by a Landlord, through a lease agreement, as someone who pays rent and has the right to occupy a rental unit. A Tenant has rights and obligations under the Ontario Tenant Protection Act. In the University Apartment Complex, one-bedroom apartments will have one Tenant, while two-bedroom apartments will have two Tenants.
A Boarder is someone whom a Tenant allows to reside in his/her apartment. Both roommates and persons subletting an apartment are considered Boarders. Boarders are not recognized by Landlords or the Ontario Tenant Protection Act. Boarders are subject to contract law between themselves and the Tenant. Housing Services strongly recommends that all Tenants and their Boarders have a written contract.
No. Boarders are not recognized by Landlords. Boarders should have a contract with the Tenant(s) in whose apartment they are residing.
The Tenant is ultimately responsible for the apartment. By taking in a Boarder, the Tenant assumes responsibility for the Boarder's actions. The Tenant is responsible for issuing the Boarder keys, and for collecting any portion of the shared rent. For this reason Housing Services recommends that Tenants have their own contract with their Boarders.
The Boarder is living in someone else's (the Tenant's) apartment. If the Tenant(s) ends his/her tenancy, the Boarder would need to vacate as well. The Tenant(s) may ask the Boarder to share rent. There should be a written agreement stating the amount (or per cent) of rent to be shared and the length of time the Boarder will be living in the unit. It is extremely important to have a written contract in the event a Tenant unilaterally asks the Boarder to leave or to pay more rent. The Tenant is also responsible for authorizing Boarder to sign out spare apartment keys.
The number of Boarders a Tenant may have is determined by the number of people who can safely occupy an apartment. The Ontario Fire Code, health and safety by-laws and Boarding House Regulations are considered in determining this number.
The Tenant(s) must request additional keys for him/herself and then issue the keys to his/her Boarder. The Tenant is responsible for collecting the keys and returning them at the end of his/her tenancy. The Rental Office will not issue keys directly to a Boarder.
On the key-card, a Tenant can authorize access to the spare key to anyone s/he wants. The Boarder(s) should be identified on this card. If the tenant has not granted such authorization, the boarder cannot sign out spare keys. Boarders should ensure that the Tenant has provided such authorization. Should the Tenant, at any time, revoke such authorization, spare keys will not be signed out to the Boarder by any Housing official. Housing's legal relationship is with the Tenant.
The Tenant(s) named on the lease is responsible for paying rent. Receipts will only be issued in the name of the Tenant(s).
Yes. Tenant(s) and Boarders can divide the rent in any manner upon which they agree. However, the Tenant cannot collect more from Boarders than the actual rent being charged by the Landlord. The Tenant(s) is responsible for collecting and paying the rent to the Rental Office each month.
The Tenant/Boarder contract should clearly spell out the steps the Tenant will take in this situation. This could include taking the Boarder to Small Claims Court or asking the Boarder to leave and finding a new Boarder. The Tenant is still responsible for paying the rent to the Rental Office.
If a Tenant fails to pay his/her rent on time, s/he will receive a warning notification from the Rental Office that rent is due, and that an application may be made to the Ontario Rental Housing Tribunal seeking eviction if the rent is not paid.
Since the Boarder's contract is with the Tenant, if the Tenant is evicted, or vacates for any other reason, the Boarder will be required to leave as well.
Boarders are encouraged to apply for a tenancy in the University Apartments through the application lottery. If they are offered a unit at the same time their Tenant is vacating, they may choose to stay in the same apartment provided the Boarder accepts it Aas is@ (no cleaning or painting).
Landlords have the right to refuse to assign an apartment. If an assignment is refused, the Tenant can terminate his/her tenancy with a 30-day notice to end their lease. The Rental Office will not allow assignments if there is a waiting list of prospective applications from the lottery. Assignments will only be considered if there is not a waiting list.
Tenant/Boarder Contracts should include effective dates, the agreed share of rent, a timeline for rent payments, the agreed division of other costs (phone, cleaning, etc.), and any other items that the Tenant or Boarder may feel could be a source of future dispute.
