I need to know what is the difference between a rooming house and renting some rooms out of my home. Peterborough

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Customer: i need to know what is the difference between a rooming house and renting some rooms out of my home
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: peterborough Ontario
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I received a inspection order because I was renting some place that was not suppouse to rent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: there were neighnours alsocomplains about garbage and now they told me i can nor rent basement for safety issues
Answered by JJL11 in 21 mins 1 year ago
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JJL11
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JJL11
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JJL11
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JJL11, Expert

Hello – My name is ***** ***** I’m happy to assist you today. I am an Ontario lawyer who is able to answer tenancy law questions.

Can you tell how many rooms you rent out and whether some of these tenants live in the basement ?

Customer
Hi
Customer
3 rooms upstairs and 3 downstairs
Customer
There are 6 rooms and I usually rent 3 or 4 out of the 6 and I live with my son in the basement
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JJL11, Expert

I see - Do these tenants share a kitchen or bathroom with you and your son ?

Customer
Hi
Customer
I prefer text
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JJL11, Expert

Please feel free to ignore the pop- up option for a call. We can continue by text.

Customer
I received an inspection order by the fire department and they told me that i can not rent basement anymore. they qualified as a rooming house and I dont want that qualification until i get a permit to build basement. for now I need to know how many rooms I can rent in the oper level and the maximum ocupancy.
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JJL11, Expert

I see - Each city has it 's own by-laws regarding maximum occupancy so I would suggest that you check with the City of Peterborough regarding this issue because maximum occupancy is tied to maintaining health and safety standards.

Here is the link to the Property Standards department for the City of Peterborough contact information

https://www.peterborough.ca/en/city-services/home-and-property.aspx

Customer
but i can not find in regards ***** ***** rooms can i rent and if i can have 2 people in each in the upper level
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JJL11, Expert

How many rooms do you have on the upper floor and how many tenants are you renting to on the upper floors ?

Customer
Room 1 4 students
Room 2. 2 students
Room 3 1 student
Customer
This is what I found
Customer
Q: How many students can live together in a house?
A: Under the Zoning By-law there is no exact limit, but new zoning and licensing requirements were passed in 2017 to standardize regulations to reflect modern housing situations in society. Licences will be required for all residences with four or more bedrooms that rent one or more bedrooms. Any dwelling with fewer than four bedrooms, even if all bedrooms are rented, will not require a licence. The category of business licence is dependent on numerous factors, such as the number of bedrooms, whether the dwelling operates as a single housekeeping unit, and if the property has the required zoning.Check with the Clerk’s Office for further details.
Customer
From this website
Customer
https://www.peterborough.ca/en/city-services/home-and-property.aspx#Q-How-many-students-can-live-together-in-a-house
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JJL11, Expert

I have reviewed your link and I found a reference that provides further clarification on this point

https://www.peterborough.ca/en/doing-business/resources/Documents/FAQsforthePublic.pdf

Based on your information and point #13 from my link, 3 bedroom homes do not need to apply for a business license as a lodging house or rental dwelling unit.

Customer
Ok so can I have 4 people in 1 room, 2 in 2nd room and in 3rd room 1 person? Would that be ok?
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JJL11, Expert

Since the information available does not specify, I would suggest that you double check this with the City of Peterborough because one of the rooms have 4 people.

Customer
Ok should I tell them my name? I would prefer anonymous
Customer
Or my address?
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JJL11, Expert

You should not have to give your name or address when you call to inquire as you can explain you are making a general inquiry to get more information on this point.

Customer
This is the order. I have remove the person from the pool room and the person from the sunroom will go at the end of the month. They are friends of mine who were staying because they did not have anywhere to go and I help them out
Customer
There are 2 female girls still living in basement. Until what day can I have them to not brake the law.
Customer
I am planning to get the permits for put the place under compliance but in the meantime I will be renting the 3 rooms as I understood I can not rent downstairs until in under compliance
Customer
It mention that I have 15 days to request a 30 day more time. What reasons should I said
Customer
When can they come to look that all downstairs is empty now so just me living with my son and now my partner to help me pay the mortgage
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JJL11, Expert

I would suggest that you ask for 30 days more because you should give the basement tenants as much notice as possible to move out. If you are given this 30 days, then you have to notify your basement tenants to move out by that date.

Did the inspectors know how many tenants you have upstairs ?

Customer
No i did not tell them all I just was not sure if I was going to get a fine
Customer
I told them that only my family was living downstairs as I did not know if I was able to rent. They saw beds in the rooms only
Customer
In the mean time do they have the right to comeback?
Customer
Because there is a tremendous fine
Customer
Of $ 20,000 per day
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JJL11, Expert

Do you mean you will be fined this much if you do not comply with the Order ?

Customer
I mean I am not sure if they visit and they see the girls are still here I will get a fine. They will be moving upstairs and take place of the room 3
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JJL11, Expert

I understand.

They can move upstairs as long as they do not live downstairs because the Order does not specify that they have to move out.

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JJL11, Expert

However, I would suggest that you check with the City of Peterborough with the issue of maximum occupancy of the upstairs rooms to make sure there is no overcrowding upstairs.

Customer
Ok should I have the measurements of the house then?
Customer
they can determine?
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JJL11, Expert

You can as this might be helpful because square footage is a factor in considering maximum occupancy.

Customer
But I am allow to live there with my partner or not?
Customer
Thank you for the advised
Customer
In regards ***** ***** days
Customer
What should I say to request the extra time
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JJL11, Expert

You are very welcome.

Do you and your partner live upstairs ? If the tenants in the basement are moving upstairs, why do you need the extra time ?

Customer
when is the latest day that I can have them downstairs
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JJL11, Expert

Does the Order specify a date ?

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JJL11, Expert

Or a time they will be doing a follow up inspection ?

Customer
Everybody is living upstairs already. Only the two girls are reminding down. So the occupant in room 3( only one person) will leave so we can accommodate the 2 girls.
Customer
The order mention you must complete the action by may 13 2021
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JJL11, Expert

In that case, then occupant in Room 3 has to leave by May 13, 2021, so that two girls downstairs can move upstairs.

Customer
Then it said: compliance with order under section 30 of the fire protection as prevention act 1997 a perdón to fail to comply with an order is guilty of an offence and on conviction is subject to a fine of up to 20,000 for each day during which the non compliance continues. A conviction or payment of the fine does not relieve the person from comoliying with the order
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JJL11, Expert

So May 13, 2021 is the deadline - after this deadline, you may be fined if you do not comply.

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JJL11, Expert

I am finishing up for the night now because of the late hour. I hope I have answered your questions. If you have any follow questions, please feel free to post them and I will reply tomorrow.

Customer
Compliance with this order does not relieve the owner or occupant from compliance with other fired code requirements not referenced in this order or with other applicable law such as the building code act 1992 or the planning act
Customer
Right to request a review of this order a request to the marshal for a review of this order must be made in writing and received by the fire marshal within 15 calendar days after the order is served
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JJL11, Expert

I would suggest then that you confirm whether there is overcrowding upstairs so that you do not violate any other by laws in the Building Code Act.

Customer
Ok thank you I will look into that tomorrow
Customer
I really appreciate your time and your advised
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JJL11, Expert

You are very welcome. I am glad to help.

Have a good night.

Customer
Thank you you too.
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