Restrictions on Guests for Tenants in Ontario: Are They Legal?
If a tenant in Ontario has a guest, the landlord cannot make any rules governing those guests or charge extra for them. If a tenant chooses to take a roommate, the landlord may only request their removal if their additional occupancy contravenes health, safety, or housing standards. For example, if the occupant is a hoarder or if the tenant takes a high number of roommates and the unit becomes overcrowded.
There are certain things a landlord can do in specific situations, such as when a tenant leaves the unit but the occupant(s) stay, or if the rental relationship does not fall under the Residential Tenancies Act (RTA).
Rules for shared residences
Shared residences, where the “tenant” shares a kitchen and bathroom with the landlord and/or members of the landlord’s immediate family, are not covered under the Residential Tenancies Act. In this situation, you can make whatever rules for the house you like, and those paying rent to you can either take them or leave them. However, they can also leave at any time and you would have to pursue any legal matters against them in small claims court rather than through the Landlord and Tenant Board.
If you do draw up a list of rules about guests, you should make sure that they are rules that your lodgers can reasonably follow. Not being able to have friends over at all is an unreasonable request. Not having overnight guests may be looked on as puritanical, but could be excused if you have close living quarters. If you have concerns about particular guests and situations it is best to deal with them on a case-by-case basis through discussions with your “tenants.”
When a tenant moves someone in
It’s quite common for tenants to move someone in, particularly if they are single and enter a romantic relationship. While they aren’t required to do so, you can ask for a new Ontario standard agreement to be signed which names the second person as a joint tenant. A “tenants in common” agreement where each are named separately and are responsible for their share of the rent is also possible. However, this is less advantageous for landlords as they now have two people to collect rent from rather than one.
The joint tenancy agreement is better for landlords as it gives two people for the landlord to go after in the event of default on rent payments. Each person is liable for paying the full amount of rent, discounting any arrears that have accrued prior to the new joint tenancy agreement; in that case, the initial tenant is responsible for the arrears.
If your initial tenant signs no new agreement, anyone who has moved in is considered an occupant, including any minor or adult children of the tenant. They cannot be removed unless there is overcrowding or safety hazards which they directly cause in the unit.
Subletting: A tricky area
A sublet is not legal unless the tenant has permission in writing from the landlord; in that case, the sublessee is considered an occupant under the RTA. If a tenant asks for a subletting agreement, there are very specific timeframes and rules governing sublets under the RTA that landlords need to adhere to.
Since time is of the essence once a tenant has requested a sublet agreement, you should get back to them as quickly as possible after consulting with a paralegal or lawyer. Landlords must have valid reasons for refusing a sublet, and cannot refuse if they simply don’t like the arrangement. A qualified law professional will be able to tell you what those valid reasons are. In the case of a sublet, rent is still paid by the initial tenant, so you don’t need to go after two people in the event of non-payment of rent.
If the initial tenant is evicted
If the lease is single tenancy, any occupants must leave when the tenant is evicted. If one tenant on a joint tenancy is evicted, the other tenant must also leave.
Essentially, a landlord with arrangements which fall under the Residential Tenancies Act cannot make any rules for guests, and tenants can move in anyone they want at any time. It can be tough to let your control of the property go, particularly if it was your primary residence, but legally you have to. What’s more important is maintaining a good relationship with your tenant, since an excellent relationship will encourage the tenant to keep the property in good order and pay rent on time.
If you want to maintain a good relationship with your tenant, consider hiring us for property management. We’ll make sure maintenance is done and any tricky situations like subletting are handled with expertise and professionalism. Contact us today!
