Roommates and Subletting in Ontario: What Landlords Need to Know
A tenant moving in a roommate is very different, legally, from a tenant subletting the unit. The difference decides what you can do about it. Here is how to tell them apart and what your rights are.
Key points
- A roommate lives with the tenant. The tenant stays fully responsible for the rent and the unit.
- A sublet means the tenant moves out and lets someone else live there for a time. It needs your written consent.
- You can’t refuse consent to a sublet unreasonably, and you can’t raise the rent because a roommate moved in.
- If someone is living there without your consent and the tenant has moved out, you may be able to apply to remove them.
Tenants who take in roommates or sublet without permission create situations many landlords aren’t sure how to handle. The answer depends on whether you are dealing with a roommate or a sublet, and the difference matters.
Roommate vs subtenant
| Roommate | Subtenant | |
|---|---|---|
| Who lives there | The tenant and the roommate | The subtenant, while the tenant is away |
| Who is responsible to you | The tenant, for the full rent and the unit | The original tenant still is |
| Your consent needed | No, subject to occupancy standards | Yes, in writing |
Subletting needs your consent
A tenant can’t sublet without the landlord’s consent. But you can’t refuse arbitrarily or unreasonably. You need a legitimate reason. If you refuse unreasonably, the tenant can apply to the LTB. With a sublet, the original tenant stays responsible to you and is expected to return at the end of the sublet.
Not sure if you are dealing with a roommate, a sublet or an unauthorized occupant? We can tell you on a free call.
Book a free 20-minute call →Your rights with roommates
- A tenant can usually add a roommate without your consent, as long as the unit isn’t overcrowded.
- You can enforce occupancy and health and safety standards.
- You can’t ban roommates outright.
- You can’t raise the rent because an extra person moved in.
- The tenant stays responsible for damage or disturbance caused by their roommate.
Unauthorized occupants
An extra person in the unit is not automatically an unauthorized sublet. The question is whether the original tenant has moved out and handed over the unit. If they have, and you didn’t consent, you can generally apply to the LTB to evict the unauthorized occupant. Act quickly, because there is a time limit after you discover them. If the issue is overcrowding or disturbance instead, an N5 may be the right notice.
- Check whether the original tenant still lives there.
- Document who is living in the unit and since when.
- Don’t accept rent from the occupant as if they were your tenant.
- Get advice on the right application before the deadline passes.
Frequently asked questions
Does a tenant need my permission to have a roommate in Ontario?
Usually not, as long as the unit isn’t overcrowded and meets occupancy standards. The tenant stays responsible for the rent and the unit.
Can a tenant sublet without my permission?
No. A sublet needs the landlord’s consent, but the landlord can’t refuse it arbitrarily or unreasonably.
Can I raise the rent if a roommate moves in?
No. Rent can’t be increased because another occupant moved in.
What can I do about an unauthorized occupant?
If the original tenant has moved out and handed over the unit without your consent, you can generally apply to the LTB to evict the occupant. There is a time limit after you discover them, so act quickly.
Should I accept rent from the person living there?
Be careful. Accepting rent from an unauthorized occupant can make it look like you have accepted them as a tenant. Get advice first.
About Robert Di Lisi
Robert is a paralegal licensed by the Law Society of Ontario and co-founder of Stonegate Legal Services, a landlord-only firm. He leads client intake and speaks at landlord seminars across the GTA. Like the rest of the team, he is a landlord himself.
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