Do I have tenant rights in an illegal basement apartment?

Yes. The Residential Tenancies Act protects you as a tenant regardless of whether the unit is legally registered or meets zoning and building codes. You have the same rights to security of tenure, rent rules, and protection from illegal eviction as any other tenant.

Can my landlord evict me because the unit is illegal?

Not for that reason alone. A landlord can't use the fact that they rented you a non-compliant unit as grounds to evict you through the LTB. If the city orders the unit closed, there are specific processes and you may be entitled to compensation — but the landlord can't simply throw you out.

What are the real risks of an illegal unit?

The main risks are safety (units that skip fire, egress, and electrical standards can be dangerous) and disruption if the municipality orders the landlord to bring it up to code or close it. Your legal tenant protections stay intact either way.

Should I report an illegal apartment?

That's a personal decision. Reporting can force safety fixes but may also lead the city to order the unit closed, disrupting your housing. If safety is the concern, talk to a tenant clinic first so you understand your options and any compensation you might be owed.

Home BlogIllegal Basement Apartments in Ontario

OntarioSeptember 7, 20266 min read

Renting an Illegal Basement Apartment in Ontario: What Are Your Rights?

A huge share of Ontario's affordable rentals are basement units — and many were never registered with the city. If you're worried that a "non-legal" apartment means you have no rights, breathe: the law protects you as a tenant either way.

By the LeasePlain Editorial Team · Checked against Ontario's Residential Tenancies Act per our editorial standards·Last reviewed September 2026

"Illegal" Doesn't Mean "No Rights"

This is the single most important thing to understand: the Residential Tenancies Act protects you regardless of whether the unit is legal. Whether the apartment was registered as a second unit, meets zoning, or passed a building inspection has no bearing on your status as a tenant. You have security of tenure, the same rent protections, and the same shield against illegal eviction as anyone in a purpose-built apartment.

Landlords sometimes imply the opposite to pressure tenants. Don't fall for it.

What "Legal" Actually Requires

A legal second unit (basement apartment) in Ontario generally must meet:

Zoning / registration permitting a second unit at that address;
Building Code requirements — ceiling height, room sizes, and a proper exit;
Fire Code requirements — smoke and carbon-monoxide alarms, fire separation, and safe egress.

Since 2011, most Ontario municipalities are required to permit second units in houses, but each unit still has to actually meet these standards to be "legal."

You Can't Be Evicted Just for the Unit Being Illegal

A landlord can't use their own failure to register or bring the unit up to code as an LTB ground to evict you. If the municipality orders the unit closed for safety, there are specific legal processes — and you may be entitled to compensation for having to move. Either way, a landlord who tries to force you out without an LTB order is acting illegally. See how to fight an illegal eviction.

The Real Risks to Weigh

Safety. Units that skip fire separation, alarms, or a proper exit can be genuinely dangerous. Confirm you have working smoke and CO alarms and a way out.
Disruption. If the city gets involved, the landlord may be ordered to renovate or close the unit, which can affect your housing.
Repairs. Your landlord still owes you a unit in a good state of repair — the "illegal" status is not an excuse to skip maintenance.