Care Homes Sit at the Intersection of Housing Law and Care Obligations
Retirement homes and other care homes are tenancies under the Residential Tenancies Act, but with a dedicated Part that changes the rules: residents receive both accommodation and care services, and the Act treats the two differently. Operators face obligations ordinary landlords never see — care service agreements, information packages, and special provisions for ending tenancies and transferring residents.
When a resident stops paying, needs more care than the home can provide, or poses a risk to other residents, the operator needs a path that respects both the RTA and the sensitivity of evicting an elderly or vulnerable person. These files attract close scrutiny, and sloppy handling creates both legal and reputational risk.
We act for care home and retirement home operators on arrears, terminations, transfers where a resident’s care needs exceed what the home can deliver, and Board proceedings generally.
How Care Home Tenancies Differ
The main special features:
- Residents must receive prescribed information about the home, their rights, and care service costs when the tenancy begins
- Accommodation charges and care service charges are treated separately, with their own rules for increases
- The operator can apply to the Board to transfer a resident where the home cannot provide the care they require and appropriate alternative accommodation is available
- Standard termination grounds apply with modifications, and section 83 relief considerations weigh heavily given the residents involved
- Retirement homes are also regulated under separate licensing legislation, which intersects with RTA obligations
Common Scenarios We See
Landlords often contact us where:
- A resident’s care needs have grown beyond what the home is licensed or staffed to provide
- Accommodation or care charges are unpaid and the family is unresponsive
- A resident’s behaviour is endangering other residents or staff
- Disputes over charge increases or the care services agreement
- An operator wants its agreements and intake package reviewed for compliance
How We Assist
We assist landlords with:
- Preparing transfer applications with the care evidence the Board requires
- Pursuing arrears of accommodation charges through the proper channels
- Handling conduct-based terminations with the sensitivity and evidence these hearings demand
- Reviewing care service agreements, information packages, and charge structures
- Coordinating RTA obligations with retirement home licensing requirements
- Representing operators at hearings across Ontario
Why These Files Demand Extra Care
Every eviction application involving an elderly or vulnerable resident will be examined closely on relief from eviction. Operators win these cases by demonstrating genuine efforts, proper documentation, and a plan that addresses the resident’s circumstances — not by treating the file like a standard arrears matter.
Book a Consultation
If you operate a care home or retirement home and a tenancy issue is developing, early advice prevents most of the damage. Contact us.