OHI | Can My Landlord? · Ontario rental question #15
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Last verified: September 15, 2026
Quick answer: Often, a tenant can have a roommate or additional occupant without the landlord making that person a tenant on the lease. But the answer can change if the arrangement is really an assignment or sublet, violates lawful occupancy standards, breaches enforceable condominium rules, or the original tenant moves out.
The RTA does not automatically turn every roommate into a tenant. LTB Interpretation Guideline 21 explains that an occupant’s payment toward household costs does not by itself make the occupant a tenant. The full facts determine the legal relationship.
An assignment transfers the tenancy. A sublet generally involves the tenant giving another person possession for a period while retaining a right to return. Both require the landlord’s consent under the RTA.
Does the roommate have rights under the lease?
A roommate who is not a tenant named or recognized under the tenancy agreement may not have the same rights against the landlord as the tenant. Their arrangement may instead be with the tenant. Adding someone to the lease usually requires agreement among the relevant parties.
Can the landlord charge more rent for a roommate?
A landlord should not assume that adding an occupant permits an unlawful rent increase or separate occupancy fee. The lawful rent, rent-increase rules and any included utilities still need to be considered.
What if the original tenant moves out?
If the tenant leaves and another person remains, the situation may become an unauthorized-occupant issue. Section 100 contains a specific LTB process and important timing considerations for landlords.
What should a tenant do?
- Keep responsibility for the lease, rent and guest conduct clear.
- Check municipal occupancy standards and condominium declarations or rules if applicable.
- Do not call an arrangement a “roommate” when you are actually transferring possession or moving out.
- Put expectations with the roommate in writing and seek advice about their status.
What should a landlord do?
- Identify whether the named tenant still occupies the unit and retains possession.
- Do not assume payment by an occupant automatically creates or disproves a tenancy.
- Address concrete overcrowding, damage or interference with evidence and the proper process.
- Get prompt advice if the tenant leaves and an occupant remains because statutory timelines may apply.
Example
The tenant remains in a two-bedroom unit and shares costs with one roommate. That is different from the tenant moving away and handing the entire unit to someone else.
Related OHI guides and tools
Official Ontario sources
- Residential Tenancies Act, 2006
- Landlord and Tenant Board: Renting in Ontario
- Current LTB forms, instructions and filing information
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General information only: This article discusses Ontario residential tenancies and is not legal advice. Some rentals are exempt from all or part of the RTA. The outcome of a dispute depends on the facts and evidence. Rules and forms can change; verify current information with Tribunals Ontario or obtain advice from a licensed Ontario legal professional.