What to know
- Under Ontario’s Residential Tenancies Act, landlords cannot prohibit guests, limit how many you have, or set time restrictions.
- There are two key exceptions: condo board rules may restrict guest access, and municipal occupancy standards can limit the number of people allowed in a unit based on its size.
Inviting guests over for a catch-up session or a slumber party can be fun, but what happens when your landlord tries to break the party up?
Now Toronto spoke with realtor Will Doyle to understand what landlords can or cannot control when it comes to guest policies in Ontario rental units.
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Can landlords prohibit or limit guests?
In short, landlords in Ontario cannot prohibit tenants from having guests.
According to Doyle, all lease agreements in the province need to follow the province’s Residential Tenancies Act, which states that landlords are not able to restrict guests.
In that case, even if the landlord were to include a clause against guests in your lease, it would be deemed unenforceable.
The realtor also explains that landlords are not able to include clauses that limit the number of guests allowed, or a time limit for how long those guests can stay.
“There’s no time limit for guests or who the guests are. So, if [they] are not on the lease, even a common-law would be considered a guest, or friends and family will be considered guests if they’re not on the lease,” he added.
When does a guest become a roommate?
Although there is no time limit for how long your guest can stay, what happens if they officially move in with you?
According to Doyle, there isn’t a set time in the tenancies act to determine when a guest has stayed enough to become a roommate. In that case, there is no way they would automatically become another tenant.
The realtor also says tenants don’t have an obligation to inform the landlord that someone else has moved in.
Under the province’s rules, landlords are also not allowed to limit or restrict roommates, so they would also not be able to impede a guest from moving in with the tenant. However, they might be able to argue that a new occupant needs to be included in the lease agreement as a tenant.
For that, the landlord would have to enter an agreement with the tenant or go through the Landlord and Tenant Board and provide enough proof that the guest has moved in, which can be quite difficult to do.
“That would be a case by case basis…They have to show things like, if the guest is contributing to the rent, how long they’ve been staying at the property, if they’ve been they’re showing signs that they’re intending to live there long-term, like they have mail getting delivered to them, for example,” he explained. “Things like that, they can use as proof, but it’s difficult to do.”
Are there exceptions?
Although policies that control or limit guests are not allowed in Ontario leases, Doyle says there are two exceptions that might allow them to enforce restrictions.
In case the rental unit is located in a condo, tenants might be subject to the regulations of the building, which might include guest rules.
“If a tenant has more guests than the rules and regulations inside the condo would allow, then the landlord can enforce or restrict the number of guests that the tenant has inside the unit,” the realtor said.
Moreover, tenants also need to comply with municipal property guidelines, which include a limit for the number of occupants according to the size of the unit.
In Toronto, occupancy standards determine that the amount of people living in a room cannot exceed one person per nine square metres of floor area. In addition:
- There must be a minimum floor area of six square metres for a sleeping room used by one person;
- There must be a minimum of four square metres per floor area per person in sleeping rooms used by two or more people.
In this case, landlords might also be able to enforce rules.
“If there’s enough guests inside the unit that would be too much for building code, then the landlord can enforce some regulations for the amount of guests,” Doyle added.
Otherwise, the realtor says any lease clauses by landlords which attempt to limit the number of guests are not enforceable, and tenants are able to turn to the Landlord and Tenant Board in case the landlord oversteps.
