Fired superintendents can stay in apartment: Board

Employment contract allowed superintendents the option of staying and becoming regular tenants if employment was terminated
By Bram Lecker
|Canadian Employment Law Today|Last Updated: 07/06/2016

It is not uncommon for an apartment building or condominium to employ at least one superintendent. It is also not uncommon for a superintendent to receive a free or discounted apartment in the building where she works as a component of her remuneration, on the condition that she remain employed as the building’s superintendent.

What happens if the superintendent is suddenly no longer employed with the building owner or manager either by resignation or dismissal? Is the superintendent obligated to vacate the apartment?

In Ontario, the answer rests on the proper interpretation of the wording of ss. 93(1) and (2) of the Residential Tenancies Act, 2006, which states the following: