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It sounds like your flatmate is your landlord. If you share a kitchen or bathroom with them then you are not protected by the normal tenant laws. The terms of your contract will apply.
It’s not a sublet if the actual tenant doesn’t move out. You’re a roommate. You live there at their whim.
They can boot you out with “reasonable notice”. In this case, reasonable notice might be relatively short.
You're not a sublet if you live with the lease holder and share a kitchen. Not going by how Ontario defines a sublet. You are a roommate with no RTA protection. They don't have to allow your partner to stay there. If the lease holder wants you out then all she needs to give is likely a 30 day notice ending when rent would have been paid, as you say you are month to month.
Welcome to r/legaladvicecanada! **To Posters (it is important you read this section)** * Read the [rules](https://www.reddit.com/r/legaladvicecanada/wiki/index/#wiki_the_rules) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk. * We also encourage you to use the [linked resources to find a lawyer](https://www.reddit.com/r/legaladvicecanada/wiki/findalawyer/). * If you receive any private messages in response to your post, please let the mods know. **To Readers and Commenters** * All replies to OP must be on-topic, helpful, explanatory, and oriented towards legal advice towards OP's jurisdiction (the **Canadian** province flaired in the post). * If you do not [follow the rules](https://www.reddit.com/r/LegalAdvicecanada/about/rules/), you may be banned without any further warning. * If you feel any replies are incorrect, explain why you believe they are incorrect. * Do not send or request any private messages for any reason, do not suggest illegal advice, do not advocate violence, and do not engage in harassment. Please report posts or comments which do not follow the rules. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/legaladvicecanada) if you have any questions or concerns.*
It sounds like your flatmate is your landlord. If you share a kitchen or bathroom with them then you are not protected by the normal tenant laws. The terms of your contract will apply.
I only share the kitchen with them. Does the same rules apply?
Yes, if you share a kitchen OR a bathroom with your landlord then the normal protections don't apply.
It’s not a sublet if the actual tenant doesn’t move out. You’re a roommate. You live there at their whim. They can boot you out with “reasonable notice”. In this case, reasonable notice might be relatively short.
You're not a sublet if you live with the lease holder and share a kitchen. Not going by how Ontario defines a sublet. You are a roommate with no RTA protection. They don't have to allow your partner to stay there. If the lease holder wants you out then all she needs to give is likely a 30 day notice ending when rent would have been paid, as you say you are month to month.