Tenants who take in roommates or sublet their unit without permission create situations that many landlords are unsure how to handle. What are the tenant’s rights? What are yours? The answer depends on whether you are dealing with a roommate situation or a sublet — and the distinction matters.
Roommates vs. Subtenants
A roommate is someone who lives in the unit with the tenant but has no separate legal agreement with the landlord. The original tenant remains responsible for the full rent and the unit’s condition. A subtenant is someone the original tenant has transferred possession to — the subtenant pays the tenant, who pays the landlord. The legal dynamics are different in each case.
Subletting Requires Landlord Consent
Under the RTA, a tenant cannot sublet without the landlord’s written consent. However, a landlord cannot arbitrarily withhold consent — there must be a legitimate reason. If a landlord unreasonably withholds consent, the tenant can apply to the LTB. If the tenant sublets without consent, the landlord has grounds for an N5 notice or an application.
The Landlord’s Rights with Respect to Roommates
A tenant adding a roommate to the unit does not require landlord consent, as long as the unit is not overcrowded and local standards are met. A landlord cannot prohibit roommates outright, but can enforce occupancy standards. A landlord cannot increase rent because an additional occupant moved in.
Unauthorized Occupants
If someone who is not on the lease is living in the unit and the landlord believes they are a subtenant without consent, the landlord can investigate and potentially serve an N5. However, simply having an additional occupant in the unit is not automatically an unauthorized sublet — the landlord needs to establish that the original tenant has transferred possession.
What Comes Next
Stonegate advises Ontario landlords on unauthorized subletting and occupancy issues. Book a free call at https://calendly.com/stonegatelegalservices/20min.
▶ Watch: Ontario Standard Lease Agreement Explained for Landlords
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