Landlord says I'm a subtenant and must leave at the end of a fixed term despite using the Ontario Standard Lease. Am I missing something?
I'm looking for a sanity check before deciding how to proceed. I've tried reading the Residential Tenancies Act and relevant LTB information, but I'm aware I could be wrong, so I'd appreciate other perspectives.
Here's the situation:
I rent one private bedroom in a shared apartment in Toronto.
My lease uses the Ontario Standard Lease.
The landlord is a corporation operating a co-living business, not an individual renting out their own apartment.
The fixed term is June 1 to August 31, 2026.
Rent is $1,150 every four weeks.
The lease also contains several additional schedules that state:
the arrangement is intended to be a subtenancy under s.97 of the RTA;
the corporation has a "master lease" with the property owner;
the tenancy does not convert to month-to-month (or four-weekly) after the fixed term;
any extension requires signing a brand new fixed-term lease.
There's also a payment schedule saying my rent is a "discounted rate" until August 31, after which it "reverts" to $1,380 every four weeks.
I asked if I could extend my stay by two months.
The landlord responded saying:
I am only a subtenant;
I have no right to remain after August 31;
the RTA provisions about continuing after a fixed term do not apply;
if I want to stay, I must sign a new lease at $1,380.
My understanding (which could be wrong) is:
Simply calling something a "subtenancy" doesn't necessarily make it one if, in substance, the corporation is acting as the landlord.
If the RTA applies, a clause saying the tenancy automatically ends after the fixed term may not override the Act.
I'm much less certain about the "discounted rent" issue. I'm not sure whether the increase to $1,380 would be considered a lawful reversion of a discount or an unlawful rent increase.
At this point I'm considering simply remaining in possession after August 31, continuing to tender what I believe is the lawful rent, and allowing the LTB to determine who's correct if the landlord disagrees.
My questions are:
Am I misunderstanding how the RTA treats this type of corporate "master lease/subtenancy" arrangement?
Has anyone dealt with a similar co-living operator?
Is remaining in possession pending an LTB determination a reasonable approach, or does that carry risks I'm overlooking?
Is there any case law or LTB decision I should be reading before deciding?
I'm not looking for anyone to be my lawyer, I know I should get legal advice if this proceeds. I'm mainly trying to understand whether my interpretation is reasonable or whether I'm overlooking something significant.