Tenants in Ontario covered by the Residential Tenancies Act typically don’t need their landlord’s consent to have a roommate or guests, as long as the tenant is living there. Exceptions include subsidized housing, certain types of shared housing, or an overcrowded dwelling. Valid condo rules may also apply.
We looked into Ontario’s standard-lease guide, Landlord and Tenant Board Interpretation Guideline 21, Ontario’s Residential Tenancies Act, and the Canadian Centre for Housing Rights’ occupancy guide to find out:
- When you don’t need to give your landlord notice
- The difference between a roommate, sublet, and assigning your lease
- That you’re still responsible for the lease
- Other housing and insurance clauses to look out for
Do I Have to Tell My Landlord If Someone Moves In With Me in Ontario?
The short answer is that Ontario’s Residential Tenancies Act does not allow landlords to enforce a lease provision that prevents you from having guests or additional occupants if you live in the home.
However, tenants must avoid exceeding occupancy limits, follow applicable condo rules, and remember that subsidized or rent-geared-to-income housing has its own rules. Living arrangements in which a person shares a kitchen or bathroom with the owner or a member of the owner’s immediate family may also be excluded from the Residential Tenancies Act.
Rules for Tenants While Having Guests in Ontario At a Glance
- Roommates or additional occupants aren’t automatically part of the lease and, in most circumstances, cannot apply to the LTB.
- Subletting is when you give another person possession of your unit for a set amount of time that ends before your tenancy period ends. You must intend to return and take possession of the unit.
- As the person named on the lease, you’re still responsible to your landlord for undue damage, illegal activity, disturbance, noise, or safety issues caused by additional occupants. You’re also still responsible for rent.
Having a Long-Term Guest or Roommate and Tenant Insurance
Do not assume that a roommate will be covered automatically. Insurers use different definitions, so call your insurance company or broker and ask for the response in writing. Ask:
- whether the roommate needs their own tenant insurance policy and whether their belongings are covered;
- whether the roommate must be listed as an occupant or insured person; and
- how claims should be handled when only one person causes the damage.
Read More: Learn Who May Be Responsible for Guest Damage
First, Check Which Housing Rules Apply
| Housing situation | Rule to check before relying on the general answer |
|---|---|
| Private rental covered by the RTA | Ontario’s standard lease says terms banning guests, roommates, or additional occupants are void. |
| Owner-shared kitchen or bathroom | If you share a kitchen or bathroom with the owner or the owner’s immediate family, the RTA may not apply. |
| Subsidized or RGI housing | Housing providers may have rules about guests, notice, and how household members affect rent. Check the applicable rules first. |
| Condominium unit | The tenancy remains subject to valid condominium declarations, bylaws, and rules supplied to the tenant. |
| Co-op, care, supportive, or other special housing | A lease or the RTA may not apply. Review the governing agreement and legislation. |
| Any unit | Municipal floor-area, occupancy, fire, and safety requirements still apply. |
Read More: See How Renters Insurance Works With Roommates
How Long Can a Tenant Have a Guest in Ontario?
In most cases, RTA rules don’t provide a maximum number of nights that a guest can stay. Limits focus more on conduct and the number of occupants. However, the landlord could take action if the number of people living in the unit exceeds legal occupancy limits, or if the guest substantially interferes with others’ use and enjoyment of the unit, causes undue damage, acts unsafely, or participates in illegal activity.
Do I Have to Tell My Landlord If I Have a Guest Over?
No. Under an ordinary lease covered by the RTA, landlords can’t require permission for guests.
Subletting Without Landlord Permission in Ontario
If a tenant leaves their unit and gives possession to another person without a valid assignment or sublet, the person left in the unit may be considered an unauthorized occupant. Landlords can apply under section 100 of the Act in this situation. The 60-day limitation starts when the unauthorized occupancy comes to the landlord’s attention.
To sublet properly, a tenant needs the landlord’s consent, an agreement, and a return date before the end of their tenancy period. If a tenant wants to transfer the rental permanently, the assignment rules apply.
Read More: Learn About Tenant Insurance in Ontario
If the Landlord Challenges the Arrangement
If a landlord is challenging your living arrangement:
- Make sure the RTA applies to your housing.
- Ask the landlord to put concerns and the legal or contractual basis for them in writing.
- Identify applicable occupancy regulations in the municipality, condo declaration, or RGI regulations or policies.
- Document who is in the unit, steps taken to prevent damage, safety issues, and noise problems, and the tenant’s intention to continue to live in the unit.
- Use the LTB process or contact a community legal clinic about a notice or application.
Read More: Read When a Landlord Can Evict a Tenant in Ontario