- April 17, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Seeking Legal Advice Regarding Landlord’s Invasion of Privacy
Hey all, I was hoping to seek some advice on this matter, as the research I have done makes this seem like a huge grey area in legislation. As a university student currently renting a house with a total of 6 people, I am facing a concerning situation with my landlord, who happens to be my roommate’s mom.
## Landlord’s Invasion of Privacy and Lack of Proper Notification
My roommate’s mom is a bit of a helicopter parent, and we have Ring cameras in the house that I recently discovered she has access to. Additionally, she sometimes visits without giving the required 24-hour notice, claiming she is just seeing her son.
## Legal Grey Area and Potential Violation of Privacy Rights
Is there anything that I can do in this situation, especially considering that her access to the Ring cameras constitutes a significant violation of our privacy? It is essential to address this issue promptly and take appropriate action to protect our privacy rights.
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If you are living with (sharing kitchen or bathroom) the landlord’s child, then you are not covered as an RTA tenant under [RTA s5(i):](https://www.ontario.ca/laws/statute/06r17#BK5)
>*Exemptions from Act*
>*5 This Act does not apply with respect to,*
>*(i) living accommodation whose occupant or occupants are required to share a bathroom or kitchen facility with the owner, the owner’s spouse, child or parent or the spouse’s child or parent, and where the owner, spouse, child or parent lives in the building in which the living accommodation is located;*
This means you basically have no rights, except based on general contract law based on any agreement you signed, or common-law rights similar to a commercial tenancy.
So landlord does not need 24 hours notice to enter, or even to enter your room (unless your contract specifically mentioned this). She can also put cameras in the home as she sees fit, although under general PIPEDA laws it’s not legal to record audio of conversations you are not party to (not sure how doorbell cameras fit into this though as they are so commonplace).
You have no LTB to go to here. Your only recourse if you feel there is a breach or your contract or general common laws, would be to sue them for financial losses it causes you in small claims court. Note also without any fixed term signed, they are free to terminate your occupancy there on a whim for no valid reason, as long as they give reasonable notice (typically seen as 1 rental period or 1 month).
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No rights when you share kitchen or bathroom with child of landlord.
https://landlordselfhelp.com/rta-fact-sheet-share-kitchen-bath/
Have you found a new place yet?
As long as her son is living there, you are not protected under the landlord act and she has a legal right to visit her son as often as she wants in her house.
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