In Ontario, renting an entire house gives you “exclusive use” of the property. A landlord cannot secretly retain the basement or garage to store their personal furniture without a specific written agreement. Filing a T2 application at the LTB to stop this costs $53 CAD.
When you sign a lease for a detached home in Hamilton, Brampton, or London, you expect to enjoy the entire property. Unfortunately, some property owners believe they can leave their old furniture or seasonal tires in the basement simply because they own the building. Under the Ontario Residential Tenancies Act (RTA), this is a serious violation of your right to exclusive possession.
Unless the lease specifically explicitly excluded the basement from your rental agreement, you are paying for that square footage. If a landlord is entering your home to access their stored items, they are actively breaking the law. Finding a skilled landlord-tenant paralegal through our directory can help you reclaim your space and seek financial compensation for the inconvenience. 🔍
Step-by-Step Process for Reclaiming Your Space in Ontario
You cannot simply throw the landlord’s belongings out onto the lawn, as that could make you liable for property damage. Instead, you must use the proper legal channels provided by the Landlord and Tenant Board (LTB).
Step 1: Check Your Ontario Standard Lease
Review your lease agreement immediately. In the Ontario Standard Lease, there is a section defining the “rental unit.” If it simply lists the address of the house with no exclusions, you have the right to the entire property. If the landlord wrote in the appendix that “the basement is reserved for landlord storage,” they are legally allowed to keep items there. 📝
Step 2: Send a Formal Written Request
If the lease does not grant them storage rights, send an email or a formal letter to the landlord. Politely inform them that the basement is part of your rented unit and request that they remove their personal belongings within 14 days so you can use the space you are paying for.
Step 3: Document Illegal Entries
A landlord cannot just walk into the basement whenever they want to grab a tool or seasonal decoration. By law, they must give 24 hours written notice for a valid reason. If they are entering without notice, keep a log of the dates and times, and install a legal indoor security camera if necessary to prove the unauthorized entry. 📷
Step 4: File a T2 Application with the LTB
If the landlord refuses to clear the basement or continues to enter illegally, you must file a T2 Application (Application about Tenant Rights). You can ask the adjudicator to order the landlord to remove the items, stop entering illegally, and award you a “rent abatement” (a partial refund of your past rent) because you were denied full use of the home.
How Much Does it Cost in Ontario?
Fighting for your right to the entire rental unit is very affordable if you use the provincial tribunal system. Paralegal assistance is optional but recommended. 💰
| Action / Legal Service | Estimated Cost (CAD) |
|---|---|
| T2 Application Filing Fee | $53 |
| Paralegal Representation | $500 to $1,500+ |
| Potential Rent Abatement (Awarded to you) | 10% to 20% of your monthly rent |
| Fines for Illegal Landlord Entry | Determined by LTB Adjudicator |
How Long Does the Process Take?
Sending a written demand usually takes only a few days, and a reasonable landlord will clear the space within 1 to 2 weeks. If they refuse and you are forced to file a T2 application, securing a hearing date at the Landlord and Tenant Board will typically take 4 to 8 months.
Frequently Asked Questions (FAQ)
Can I legally change the locks on the basement?
No. Under the Residential Tenancies Act, a tenant is strictly prohibited from changing or altering any locks on the rental property without the explicit written consent of the landlord.
Can I throw their old furniture in the garbage?
Absolutely not. If you intentionally dispose of or damage the landlord’s personal property, they can file a claim against you at the LTB or in Small Claims Court for the replacement value of the items.
What if they rent me just a room, not the whole house?
If you only rent a specific room or an upper-level apartment, and the basement is not part of your designated rental unit, you have no right to use the basement, and the landlord can store whatever they want down there.
Can the landlord charge me extra to use the basement?
If you originally rented the entire house without any listed exclusions, the basement is already included in your rent. They cannot suddenly demand an extra $200 a month to let you use a space you already legally possess.
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