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Outbyte Driver Updater FREEScan for outdated or missing drivers - takes under a minuteDriver Scan →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →In most Ontario rentals covered by the Residential Tenancies Act, a tenant can have someone live with them without adding that person to the lease or getting the landlord’s consent, as long as the tenant continues to live in the unit. The additional person is generally an occupant or roommate—not a tenant with a separate relationship to the landlord. That distinction affects who owes rent, what rights the occupant can use, and what happens if the tenant moves out.
First, check whether the leaseholder still lives there
The key question is whether the tenant named on the lease continues to live in the rental unit. The Landlord and Tenant Board (LTB) says that, in the ordinary case, a tenant may live with an occupant or roommate with or without the landlord’s consent while the tenant also resides there. Check the written tenancy agreement and applicable occupancy rules, but do not assume that having a roommate by itself violates the tenancy.
The arrangement changes if the tenant leaves and another person takes over the unit. A roommate who lives with the tenant is not automatically a subtenant or assignee just because they contribute money.
Roommate, subtenant or assignee: how the arrangements differ
| Arrangement | Who lives in the unit? | Consent and relationship | What happens when the tenant leaves? |
|---|---|---|---|
| Roommate or occupant | The tenant remains in the unit with the other person. | Landlord consent is not ordinarily required. The occupant generally has no tenancy contract with the landlord. | The occupant generally cannot remain once the tenant vacates or the tenancy ends. |
| Sublet | The tenant temporarily vacates and gives another person a time-limited right to occupy. | The tenant must retain the right to return before their own tenancy ends and obtain the landlord’s consent. | The subtenant’s right to occupy ends under the agreed sublet period; the tenant retains the tenancy interest. |
| Assignment | The incoming person takes over the tenant’s interest in the tenancy. | The tenancy interest is transferred to another person; landlord-consent rules apply. | The incoming assignee takes the tenancy interest rather than merely occupying alongside the original tenant. |
| Occupant remaining after tenant departure | The tenant has left or ended the tenancy, and the other person remains without an authorized sublet or assignment. | The landlord may apply to the LTB under section 100 of the RTA. | The occupant generally must leave, subject to the facts and statutory exceptions. |
These are general distinctions, not a determination of any individual arrangement. See the LTB’s Interpretation Guideline 21 and the consolidated Residential Tenancies Act, 2006; the statute governs if a summary differs from its text.
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What being off the lease usually means for rights
An occupant or roommate is generally not a tenant under the RTA and has no contractual relationship with the landlord. The LTB says an occupant generally cannot file an application at the Board about the tenancy against either the landlord or the tenant. The LTB puts it this way: “An occupant or roommate cannot file an application at the LTB (Landlord and Tenant Board) relating to the tenancy against either the landlord or the tenant.” This is tribunal guidance, not a ruling on every person’s status.
Being omitted from a written lease does not settle every case. The LTB says status depends on the facts, including the actual relationship and conduct. Paying the tenant a share of rent does not by itself make someone a tenant; paying the landlord directly does not decide the question by itself either. If the facts suggest the person may have been treated as a tenant, or the parties disagree about status, get legal advice rather than relying only on the lease’s names.
Some claims may fall outside the RTA and need to be pursued in court. The Advocacy Centre for Tenants Ontario recommends considering a written agreement when renting from a tenant. A written roommate agreement and records of payments can help document what the people agreed to, but do not automatically create an RTA tenancy.
Who owes the rent—and what if the roommate does not pay?
The named tenant remains responsible to the landlord for the full rent due under the tenancy. A private agreement that the roommate will contribute does not transfer that responsibility to the landlord or relieve the tenant if the roommate fails to pay. The tenant and roommate can make their own arrangement about contributions, but it is separate from the tenant’s obligation under the lease.
- Keep a written record of the agreed contribution and when it is due.
- Keep payment receipts or other records showing what was paid and to whom.
- Do not treat a roommate’s payment directly to the landlord as automatic proof that the landlord has made them a tenant.
When a roommate’s conduct can put the tenancy at risk
A landlord cannot evict a tenant simply for having a roommate. However, the LTB identifies noise, damage and overcrowding as examples of problems that may lead a landlord to give notice and apply to evict the tenant and other occupants. The tenant may also be responsible for damage caused by an occupant under the Act. Local occupancy standards may matter when overcrowding is alleged; the outcome depends on the circumstances, not just the fact that another person moved in.
If the landlord serves a notice, read it promptly and get advice about the specific reason and deadlines. The LTB’s application and hearing process information explains the Board process, including information about co-tenants and roommates.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Can you stay after the tenant moves out?
Usually, no: an occupant generally must leave when the tenant vacates or the tenancy ends. If the occupant stays without an authorized arrangement, the landlord may apply to the LTB under section 100 of the RTA. Interpretation Guideline 21 says that if the landlord does not apply within 60 days after discovering the unauthorized occupancy, the occupant becomes a tenant. That period is not a guaranteed grace period or a reason to delay getting advice: the legal result can depend on the record and statutory details. The Act also contains specific exceptions, including certain spouse-related situations.
If you are the occupant and the leaseholder is leaving, do not assume that a contribution to rent or an informal promise gives you the right to remain. Seek prompt advice about whether a lawful sublet, assignment or another arrangement applies. The LTB guidance is available in Interpretation Guideline 21.
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1Clear out junk files and repair common Windows errors2Scan for outdated or missing drivers - takes under a minute3Repair Windows errors before they cause bigger problemsPractical steps if you are moving in or already share the unit
- Confirm who remains in the home. If the leaseholder will continue living there, the usual roommate/occupant analysis applies. If they are leaving, clarify whether the proposed arrangement is a sublet or assignment.
- Read the tenancy agreement. Check its terms and any relevant occupancy requirements; do not assume that every clause or alleged breach changes the legal status automatically.
- Put the private arrangement in writing. Record contributions, due dates, shared bills, responsibilities for damage and what happens if either person wants to leave.
- Keep records. Save the agreement, payment records and relevant communications with the tenant or landlord.
- Get advice promptly if there is a dispute or notice. Contact a community legal clinic or a tenant-help resource if someone is being told to leave, the leaseholder is moving out, a notice has been served, or the parties disagree about whether the occupant is legally a tenant.
For tenant-facing information, see the Advocacy Centre for Tenants Ontario’s roommate guide (April 19, 2023). The LTB’s guidance and Ontario’s statute address rentals covered by the RTA; some housing arrangements are exempt, so the rules may differ outside that framework.
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