A Superintendent’s Unit Is Not an Ordinary Tenancy
Buildings that house a superintendent or other employee in a unit as part of the job face a unique problem when the employment relationship ends: the former employee is still living in the building, often rent-free, sometimes on bad terms with management and tenants alike. Landlords who treat this as a normal eviction wait months longer than the law requires; landlords who treat it as a simple firing create liability.
The RTA deals with superintendent units specifically. When the employment ends, the tenancy of the superintendent’s unit ends with it, and the former employee has one week to vacate. No rent is chargeable for that week. If they do not leave, the landlord applies to the Board for an eviction order — and these applications move faster than standard evictions when they are prepared correctly.
We act for landlords and property managers on superintendent and employee-unit matters, from structuring the arrangement properly at hiring to recovering the unit when the relationship ends.
How Superintendent Unit Terminations Work
The essential framework:
- The unit must genuinely be a superintendent’s unit — provided to an employee for residential occupation connected to their duties in the building
- When employment terminates, the tenancy of the unit terminates on the same day, and the former employee has one week to vacate
- No rent can be charged for the one-week period
- If the former employee does not vacate, the landlord applies to the LTB for an order evicting them — no notice of termination form is required first
- Whether the unit qualifies as a superintendent’s unit is often the contested issue, and it turns on the employment arrangement and how the unit was provided
Common Scenarios We See
Landlords often contact us where:
- A superintendent has been dismissed or resigned and refuses to leave the unit
- A building is being sold and the purchaser wants the superintendent unit vacant
- The employment arrangement was informal and it is unclear whether the unit qualifies
- A former employee claims they are an ordinary tenant with full security of tenure
- A landlord is hiring a live-in superintendent and wants the arrangement documented properly
How We Assist
We assist landlords with:
- Assessing whether the unit qualifies as a superintendent’s unit before any steps are taken
- Coordinating the employment termination and the housing steps so they support each other
- Filing the eviction application immediately after the one-week period expires
- Responding to claims that the occupant is an ordinary tenant
- Drafting employment and occupancy documents for new superintendents that protect the unit’s status
- Coordinating enforcement once the order issues
Why the Employment File Decides These Cases
These applications are won on documents: the employment agreement, the job description, and evidence the unit came with the job. Informal arrangements invite the argument that the occupant was really a tenant paying rent through labour — and if that argument succeeds, you are in a standard eviction with full notice requirements. Paper the arrangement at hiring, not at firing.
Book a Consultation
If your superintendent’s employment is ending — or has ended — the one-week clock matters. Contact us before or immediately after the termination.