Can Your Landlord Evict You for Having a Paying Roommate in Ontario?

Contrary to what many landlords and tenants believe, Ontario tenants can often have a roommate—even one who pays rent—without obtaining their landlord's approval.

A Landlord and Tenant Board ("LTB") decision, Guillaume v. Barney Rivers Investment Inc., 2021 CanLII 147683 (ON LTB), reinforces an important principle under Ontario's Residential Tenancies Act, 2006 ("RTA"): tenants generally have the right to share their rental unit with occupants and roommates.

The Case

In Guillaume v. Barney Rivers Investment Inc., the LTB considered whether an individual living in a rental unit was an "unauthorized occupant."

The Board made an important distinction between:

• A tenant;

• A subtenant;

• An assignee; and

• A roommate or occupant.

The LTB confirmed that where the original tenant continues to reside in the rental unit, that tenant is generally permitted to have roommates. A roommate who pays money to the tenant for the right to occupy part of the unit is considered an occupant, not a tenant under the RTA.

The Board stated that a tenant is entitled to have a roommate living with them and that a roommate does not become an "unauthorized occupant" simply because they pay rent to the tenant.

Why This Matters

Many landlords mistakenly believe that every adult living in a rental unit must be approved by them or added to the lease.

In most circumstances, that is not correct.

Under Ontario law, a tenant may invite another person to live with them, including a spouse, family member, friend, or paying roommate. The occupant's legal relationship is with the tenant—not the landlord.

As a result:

• The landlord cannot generally require the occupant to sign a lease.

• The landlord cannot charge additional rent simply because a roommate moves in.

• The landlord cannot evict a tenant solely because they have a roommate.

• The roommate does not obtain tenant rights against the landlord merely because they contribute toward rent.

Roommate vs. Sublet: Understanding the Difference

A common source of confusion is the distinction between a roommate and a sublet.

Roommate

A roommate arrangement exists when:

• The original tenant continues to live in the rental unit; and

• Another person occupies part of the unit with the tenant's permission.

In this situation, the tenant remains fully responsible for rent and compliance with the lease.

Sublet

A sublet occurs when:

• The original tenant temporarily vacates the rental unit; and

• Another person occupies the unit during the tenant's absence.

Unlike a roommate arrangement, a lawful sublet generally requires the landlord's consent.

The distinction is critical. If the tenant remains in possession and continues living in the unit, the arrangement is usually a roommate arrangement rather than a sublet.

Are There Any Limits?

Yes.

A tenant's right to have occupants is not unlimited.

A landlord may still take action if:

• The number of occupants violates municipal occupancy standards;

• The occupancy creates health or safety concerns;

• The occupants substantially interfere with the reasonable enjoyment of other residents; or

• The tenancy is actually an unauthorized assignment or sublet.

The issue is not whether the roommate pays rent. The issue is whether the arrangement violates the RTA or applicable housing standards.

What If the Lease Says "No Roommates"?

Many residential leases contain clauses restricting occupants or requiring landlord approval before another person can move in.

In Ontario, lease terms that conflict with rights granted by the RTA may be unenforceable.

The LTB has repeatedly recognized that tenants generally have the right to guests, occupants, and roommates. A lease clause cannot automatically remove rights provided by provincial legislation.

Practical Takeaway for Ontario Tenants

If you continue to live in your rental unit and bring in a roommate to help share expenses, your landlord generally cannot evict you simply because the roommate pays you rent.

Before signing an N11 Agreement to Terminate a Tenancy or moving out in response to threats of eviction, tenants should understand the difference between a roommate arrangement, a sublet, and an assignment.

The decision in Guillaume v. Barney Rivers Investment Inc. serves as an important reminder that Ontario tenants enjoy significant protections under the Residential Tenancies Act, including the right to share their homes with roommates in many circumstances.

Need Help With an LTB Matter?

If you have received an N5, N6, N7, or other eviction notice because of a roommate or occupant issue, Apuntar Legal Services can help assess your rights and represent you before the Landlord and Tenant Board.

Contact Apuntar Legal Services today to discuss your case.