METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 607 – RULES 39 – 54,
- No residential unit shall be used for any “commercial” and/or “transient” use, including, but without limiting its general meaning, any of the following:
(i) the carrying on of a business that requires access by the public;
(ii) hotel or boarding or lodging house use. For greater certainty, use of a unit for short term leasing, whether through companies such as Airbnb or similar business enterprises, is strictly prohibited; and
(iii) the disposition of an Owner’s or tenant’s right to occupy the unit whereby the party or parties acquiring such interest or right is or are entitled to use or occupy the unit on a transient use basis or under any arrangement commonly known as time sharing.
- The initial term of any lease or sublease shall be for a period of not less than four (4) months. All tenancies for units shall be in writing.
- Within thirty (30) days of entering into a lease or a renewal thereof, and in any event prior to the commencement of the tenancy, the Owner shall deliver to:
- a) the tenant, copies of the Declaration, By-laws and Rules of the Corporation;
- b) the Corporation, the name of the tenant;
- c) the Corporation, the Owner’s address for service of notices; and
- d) the Corporation, a Summary of Lease in Form 5 Min.Reg.49/01 or a copy of the lease in accordance with S.83 (1)(b) of the Condominium Act, 1998.
- 42. Prior to anyone moving into a unit, each Owner, shall complete the Owner’s Undertaking and Information Sheet (Schedule “A”) and shall ensure that any tenant and/or resident of the Owner’s unit complete the Tenant’s/Resident’s Undertaking and Information Sheet (Schedule “B”), and both must be subsequently revised when required. This information is kept totally confidential and is necessary for the safety and security of the Residents of the Corporation.
- In the event the Owner fails to provide the documentation required pursuant to Rules 41 and 42 above prior to the commencement date of the tenancy, or otherwise fails to comply with the requirements of this Rule, any person or persons occupying the owner’s unit shall be deemed a trespasser.
- Where lease arrangements are with a corporation, partnership or other business entity, as tenant, the residents are to be considered along with the corporate tenant for purposes of these rules and a change in the residents residing in the unit shall be treated as a tenant taking possession of the unit pursuant to a new lease that must be in compliance with these rules.
- If a lease of a unit is terminated and not renewed, the Owner shall notify the Corporation in writing within seven (7) days thereafter.
- Any person who is engaged in the operation of a commercial or transient use anywhere on the Corporation’s property (such as, by way of example, the operation of a hotel business), which is prohibited by the Act, the Declaration, the By-laws or the Rules, shall be deemed a trespasser and entry to or upon the common elements may be expressly denied by the Corporation.
- No unit shall be occupied and used for any purpose other than a single family residence and no portion of the unit shall be partitioned or subdivided for any other use or for multiple family use as defined according to the City of Toronto. For the purposes of this Rule, “single family” shall be defined as:
- a) a social unit consisting of parent(s) and their children, whether natural or adopted, and includes other relatives if living with the primary group;
- b) an adult person living alone, whether single, divorced, a widower or a widow;
- c) two or more siblings, a single father or mother with son(s) and/or daughter(s);
- d) two persons who are married to one another or living together in a conjugal or common-law relationship;
- e) two or more unrelated persons who are living together in order to pool their resources and reduce their cost of living, provided that it is clear that their collective intention is to live together permanently;
- f) two unrelated persons who are joint owners of the unit; and
- g) a family can include one or more persons who are living in the unit in order to provide health care or assistance to a member of the family.
- All owners shall be responsible for any damage or additional maintenance to the common elements caused by their tenants and will be assessed and charged therefore.
- During the period of occupancy by the tenant, the owner shall have no right of use of any part of the common elements.
- In circumstances where efforts to obtain compliance of the Owner/resident with this Rule are unsuccessful, the Corporation, with the assistance of legal counsel, will enforce the Rule by legal means, including, but not limited to, the termination of the tenancy or license arrangement in accordance with enforcement proceedings pursuant to the Act, and in such event, the Owner shall be directly responsible to reimburse the Corporation for its full legal costs on a substantial indemnity basis as between a solicitor and its own client.
- Subject to the Act and the Declaration, By-laws and all other Rules of the Corporation, these Rules Regarding Tenancy and Occupation of Units are not intended to prevent an Owner from renting out a portion of his or her unit, if the Owner will continue to personally reside in the unit with the tenant.
- For the purposes of these Rules, all references to a lease includes a sub-lease or assignment agreement, all references to a tenant include a sub-tenant or assignee.
- No tenant may sub-let a unit or assign a lease and an owner may not consent to a sub-lease or assignment, unless the sublease or assignment will comply with these Rules.
- These Rules are applicable to any lease entered into after the effective date of these Rules.