Have you ever wondered if your landlord can restrict you from having guests stay at your place? Do you have to tell your landlord if you’re inviting a friend over? We will go over the common questions renters in Ontario have about their rights and responsibilities with having guests over.
Please note: Renters who live in subsidized, rent-geared-to-income units, shelters, community housing, or condos may be subject to different rules. If you have a specific question about your situation, it’s always best to get legal advice directly. You can find your list of community legal clinics here.
Can my landlord restrict when I have guests over to my home?
Broadly speaking, no, they cannot. The law entitles tenants to quiet enjoyment of the premises, including the right to host guests. However, the right is curtailed if a guest commits (after invitation to ones home) an illegal act, impairment of safety/impairs safety, causes damage, or substantially interferes with a tenant or landlord’s enjoyment of the premises or legal rights and privileges under the law. Substantial interference could include things like excessive noise, harassing other tenants, or scattering garbage around the complex or common areas.
Some landlords may try and include restrictions to having guests over in the rental application or lease. This is not legal, as it impedes a renter’s legal right to quiet enjoyment of the premises. If you’re applying for a place where the landlord is attempting to impose these restrictions from the outset, consider it a rental red flag.
Can my landlord forbid certain guests from coming over?
A landlord can trespass an individual from common areas, but as long as the person is an invitee of the tenant (who is also an “occupier” under the Act), a landlord cannot forbid a guest from the unit a tenant has rented.
Do I have to tell my landlord if I’m having people over?
No, you do not have to inform your landlord if you’re having guests over.
What do I do if I have guests over and there’s a noise complaint?
Noise is subject to municipal by-laws. Typically, this means no noise after 11pm. It’s always better to have direct conversations by affected neighbours or other tenants before it escalates to needing a landlord to step in. Once a landlord is involved, this raises the likelihood of an application or hearing at the Landlord and Tenant Board.
Could my landlord evict me for having guests over?
The landlord would have to prove that a guest you have invited to your unit:
- caused damage;
- committed an illegal act;
- impaired safety; or
- substantially interfered with the enjoyment of other tenants or the landlord’s interests.
The landlord must also prove that these acts occurred in the building or on residential premises. If the landlord wants to evict you on the basis of your guest’s behaviour, they are required to serve you with a Notice of Eviction and file an application at the Landlord and Tenant Board. You can only be legally evicted with an Order for your eviction from the Landlord and Tenant Board.
Can my landlord stop me from having my partner over?
No, they cannot. A common law partner under the Residential Tenancies Act is treated as a guest. If and when a common law partner is named on the lease, they would then have equal rights to the home. In terms of married partners, a spouse would have certain rights to the matrimonial home under family law that may supersede the Residential Tenancies Act. If this applies to you, you should speak to a family law lawyer.