- May 3, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Living Situation in a Mother-in-law Suite
I have been residing in a ‘mother-in-law suite’ located at the back of a building for approximately four years now. Throughout this time, there have been various experiences, but overall, I have been content with my living arrangements. The main building of the house has had two other tenants – initially, my landlady and her family, followed by friends of her sister. While I am not overly familiar with the current tenants, we maintain a cordial relationship.
## Concerns about Outdoor BBQ on Shared Deck
Recently, the current tenants placed their outdoor BBQ on our shared wooden deck, right outside my door. Initially, I did not think much of it, but some family members have expressed concerns regarding fire safety. Although there is an escape route inside the house leading to the other building, it was last obstructed by a table. This raised questions about what would happen in the event of the door on their side being locked. To address these concerns, I reached out to my landlady for clarification.
## Landlady’s Response and Potential Eviction
Upon discussing my concerns with my landlady, she reassured me that she believes the situation to be safe. She pointed out the presence of an indoor escape route and mentioned that the grill can be used both indoors and outdoors. However, she also hinted at the possibility of discussing further accommodations if the current living situation does not suit me. While she appeared open to dialogue, this response came across as a veiled threat of potential eviction or a subtle suggestion to move out if dissatisfied.
## Seeking Fire Department Inspection
Despite the reassurances provided by my landlady, my family and I remain apprehensive about the potential fire hazard posed by the outdoor BBQ. As a proactive measure, we are considering reaching out to the local fire department to inspect the situation and ensure safety compliance. However, I am plagued by concerns about potential backlash from my landlady, including the threat of eviction if I proceed with the inspection.
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If you are in a self-contained unit, not sharing a kitchen or bathroom with your landlord or her immediate family, then you have fairly significant rights under the RTA. You cannot be evicted just because of a personal conflict. You are entitled to safe egress from your home, so depending on what exits are available to you this does sound like a legitimate concern.
With that said, there are some situations in which your tenancy could be at risk. If the addition is not up to code, the city could condemn the unit and have you evicted immediately. You should be able to call and inquire about building permits to sus out whether your unit is or isn’t legal. And even in the event that there are code violations, the far more common response from the city would be to issue a list of necessary repairs and a deadline for compliance.
As long as the city doesn’t feel the unit is uninhabitable, your landlord’s only options for evicting you are an N12 (either she or an immediate family member moves into your unit for at least a year) or an N13 (renovations significant enough that you would need to vacate, with the option of moving back in afterwards). Either of these options comes with compensation, 60 or 90 days notice, and the option of waiting for an LTB hearing if you felt that the landlord was acting in bad faith. Attempting to evict you immediately after making a safety-related request would very likely be seen as retaliatory.
I would suggest first looking into whether or not your unit was approved by the city. After that, take pictures, put your request in writing with a clear deadline, and then call for an inspection if needed.