Published 2 November 2026 · By Jatin Dua, Broker of Record, RE/MAX Quantum Realty
In Ontario a tenant has a tenancy with the landlord and can only be evicted by a Landlord and Tenant Board order. An occupant, such as a roommate not on the lease, has no rights at the LTB and must leave when the tenant does. If they stay, the landlord has 60 days to apply to evict them.
This guide is for Ontario renters who share a unit with someone not on the lease, tenants who want a roommate to leave, and landlords trying to work out who they can actually evict. You will learn the legal difference between a tenant and an occupant, who has rights at the Landlord and Tenant Board, and what happens when the person on the lease moves out.
What is the difference between a tenant and an occupant in Ontario?
A tenant has a tenancy with the landlord. The Residential Tenancies Act, 2006 (the RTA) defines a tenant as a person who pays rent in return for the right to occupy a rental unit. Tenants have the full set of RTA protections, including the rule that they can only be evicted by an order of the Landlord and Tenant Board (LTB).
An occupant lives in the unit but has no tenancy with the landlord. The RTA does not define the word. The LTB’s Interpretation Guideline 21 describes an occupant as a non-tenant who lives in the unit as their main home, with or without the landlord’s consent. A partner, adult child, relative or roommate who moved in with the tenant is often an occupant.
The key line from the guideline: occupants and roommates have no rights in LTB proceedings. They cannot file applications against the landlord or the tenant. Any rights they have must be pursued in court.
This is general information as of November 2026, not legal advice. Status depends on the facts, so check with the LTB, a community legal clinic, a paralegal or a lawyer.
How does the LTB decide if a roommate is a tenant?
It looks at the real arrangement, not just the paperwork. Guideline 21 lists factors such as:
- who signed or made the agreement with the landlord
- who the agreement says may live in the unit
- who pays the rent
- who deals with the landlord about the tenancy
- whether the written lease names the person
Paying part of the rent straight to the landlord does not automatically make someone a tenant. On the other side, the Advocacy Centre for Tenants Ontario (ACTO) warns that people are sometimes wrongly labelled as occupants. If the landlord accepted you, dealt with you as a renter and took rent from you, you may well be a tenant even if your name is missing from the lease.
Joint tenants and tenants in common
When two or more people sign one lease, they are usually joint tenants. Each can be held responsible for the full rent, not just their share. When each person has a separate lease with the landlord, as in many rooming houses, each is a tenant only for their own part.
| Who lives there | Tenancy with landlord? | Can use the LTB? | How their stay usually ends |
|---|---|---|---|
| Tenant (named or proven) | Yes | Yes | RTA notice and LTB order only |
| Joint tenant | Yes, shared | Yes | Same as any tenant |
| Occupant or roommate of a tenant | No | No | Leaves when the tenant leaves or the tenancy ends |
| Approved subtenant | Through the tenant | Yes | At the end of the sublet; overholding application within 60 days |
| Unauthorized occupant | No | No | Landlord applies under s. 100 within 60 days of finding out |
| Lodger sharing a kitchen or bath with the owner | RTA does not apply | No | Agreement and general law, not the RTA |
Source: Residential Tenancies Act, 2006, ss. 2, 5(i), 97, 100, 101, 104; LTB Interpretation Guideline 21 (March 2022); ACTO roommate guide.
Can a landlord evict an occupant?
Not separately while the tenant still lives there. The occupant is part of the tenant’s household, so the landlord deals with the tenant. ACTO notes that if the tenant is evicted, the occupant has to leave as well.
What a landlord can do is hold the tenant responsible for the occupant’s behaviour. The RTA’s for-cause notices cover acts by “another occupant of the rental unit,” including:
- undue damage (N5 or N7)
- substantial interference with other tenants or the landlord (N5)
- illegal acts (N6)
- seriously impairing safety (N7)
The landlord can also act if the number of people living there on an ongoing basis breaks health, safety or housing standards (s. 67). My post on whether a landlord can limit guests and occupants explains those limits, including Toronto’s occupancy standards.
Instant Home Valuation
What’s your home
worth today?
Answer six quick questions and get an instant value range built from current Toronto & GTA sale data — property type, size, condition, lot and location all weighted the way a real pricing conversation weighs them. Takes about ninety seconds.
Reading recent GTA sale data…
Building your estimate
Estimated market value
—
$0–$0
Most likely value $0 · roughly $0 per square foot
What moved the number
Starting from the area baseline for your property type, here’s what each answer added or subtracted.
Market context
Recent local averages for comparison.
—
A range is a starting point.
A strategy is what sells.
This model doesn’t know that your neighbour’s identical semi went $80,000 over asking last month, or which two upgrades actually pay back in your area. That conversation is free and takes twenty minutes.
What happens to an occupant when the tenant moves out?
This is where status really matters. Guideline 21 says occupants must leave when the tenant leaves or the tenancy ends. If they stay, they become unauthorized occupants.
The landlord then has choices under the RTA:
- Apply to evict. Under section 100, the landlord can apply to end the tenancy and evict both the tenant and the person left behind. The application must be filed within 60 days of discovering the unauthorized occupancy.
- Offer a new lease. Section 104 lets the landlord negotiate a new tenancy with that person.
- Do nothing. If the landlord neither signs a new lease nor applies within 60 days, section 104(4) deems the person an approved assignee. In plain terms, they become the tenant on the old terms.
Accepting money for use of the unit during this time does not create a tenancy unless both sides agree to one (s. 103).
Special rules for spouses
A spouse who was only an occupant can become a tenant if the tenant leaves without notice and the unit is the spouse’s main home (O. Reg. 516/06, s. 3). There are exceptions, for example if the spouse leaves within 60 days, or the building has three or fewer units and the landlord lives there. If the tenant dies, the tenancy ends 30 days after the death unless the spouse stays on as the tenant.
Can a tenant kick out a roommate or occupant?
The LTB will not decide it. The RTA definition of “landlord” excludes a tenant who lives in the unit and lets someone else live there too. So a tenant who takes in a roommate does not become that roommate’s landlord, and the roommate is not the tenant’s tenant.
That cuts both ways. The tenant cannot serve RTA notices or file an LTB application to remove a roommate. The roommate cannot file one against the tenant either. Steps to Justice, the Ontario legal information site, says other law may apply instead, such as contract law or the common law of licences, which is law made by judges.
In practice, a tenant who wants a roommate to leave should:
- check any written roommate agreement for a notice period
- give clear written notice with a fair move-out date
- keep copies of messages and any rent paid between you
- try a community mediator if talking fails
- get legal advice before taking any step like changing locks or moving belongings, since the roommate may have court remedies
Note also that Guideline 21 says a tenant cannot split a unit into several rental units. Renting your basement to a roommate does not make it a separate apartment under the RTA.
What if I rent a room in the owner’s home?
Then the RTA may not apply at all. Section 5(i) exempts living space where the occupant must share a kitchen or bathroom with the owner, or the owner’s spouse, child or parent (or the spouse’s child or parent), who lives in the same building.
In that setting there is no LTB process for either side. The written agreement and general law govern. ACTO warns that some landlords wrongly claim this exemption, so check the facts. If you share only with other renters, not the owner’s family, the exemption does not apply.
If an owner rents rooms to several unrelated people in Toronto, the house may need a multi-tenant house licence. My post on Toronto’s multi-tenant house licence explains when that applies.
Is a sublet different from having an occupant?
Yes. A sublet means the tenant moves out for a set period, gives someone else the right to live there until a specific date, and keeps the right to come back (s. 2(2)). It needs the landlord’s consent, which cannot be unreasonably withheld. An approved subtenant has RTA rights. If a subtenant stays past the end date, either the landlord or the tenant can apply to evict them within 60 days (s. 101).
Without the landlord’s consent, the person is not a subtenant, and the landlord can treat the situation as an unauthorized occupancy. My guide to subletting and assignment walks through the consent process.
If you move out and leave a partner, friend or relative in the unit without an approved sublet or assignment, the landlord can apply to evict both of you under section 100, and can claim compensation from the person who stayed. Before you leave, either end your tenancy properly or get the landlord’s written agreement to the new arrangement.
How should landlords and roommates set things up from the start?
Most disputes I see come from nobody being sure who is who. A short conversation at move-in prevents a long one at the LTB later.
- Landlords: if two adults will share the rent, put both on one lease as joint tenants. If a tenant adds a long-term roommate later, decide in writing whether that person is a tenant or an occupant.
- Tenants: tell your landlord in writing when someone moves in for the long term, and sign a simple roommate agreement covering rent share, bills, notice and deposits.
- Roommates not on the lease: understand that your protection depends on the tenant staying, and keep proof of what you pay.
If you are the occupant, your home rests on someone else’s lease. That is fine while things are good, but it is fragile. If you plan to stay long term, ask the landlord to add you to the lease. If you are a landlord, find out who is actually living in your unit and act within 60 days if someone moves in without consent. Waiting is a decision too, and the Act treats it as one.
If you own a rental and the people in it keep changing, it may also be time to review whether renting still fits your plans. My guide on the legal steps to evict a tenant shows how long the formal route takes.
What to do next
- Work out your status: check the lease, who pays the landlord and who deals with the landlord.
- If you are an occupant who wants security, ask the landlord in writing to add you as a tenant.
- If you are a tenant with a roommate, put a written roommate agreement in place now.
- If you are a landlord who has found an unknown occupant, note the date you found out. The 60-day clock starts then.
- Get advice from a community legal clinic, paralegal or lawyer before any move-out or lock change.
Need help with this? Talk to me.
I’m Jatin Dua, Broker of Record at RE/MAX Quantum Realty, and I’m the best agent to do this kind of work for you in Toronto and across the GTA. Over $100 million in GTA sales and 100+ families helped sell. Feel free to contact me any time: call or text 833-330-1925 or email [email protected].
Frequently asked questions
Can a tenant kick out an occupant in Ontario?
Not through the Landlord and Tenant Board. In Ontario in 2027, a tenant who lets a roommate move in is not that person’s landlord under the Residential Tenancies Act, so neither side can use RTA notices or LTB applications against the other. Contract law or the common law of licences may apply instead. Give clear written notice, keep records and get legal advice before changing locks or moving belongings.
Can a non-tenant be evicted in Ontario?
Yes, but usually through the tenant’s case. In Ontario in 2027, an occupant has no tenancy, so they must leave when the tenant leaves or is evicted. If they stay after the tenant goes, the landlord can apply under section 100 of the Residential Tenancies Act to evict them as an unauthorized occupant, within 60 days of finding out.
What rights does a roommate not on the lease have in Ontario?
Very limited rights under the Residential Tenancies Act. Ontario’s Landlord and Tenant Board says in its 2022 Guideline 21 that occupants and roommates cannot file applications against the landlord or the tenant. Their rights, if any, come from contract law or other court remedies. A roommate who is accepted by the landlord and pays rent to the landlord may be a tenant, so check the facts.
Is my roommate a tenant or an occupant in Ontario?
It depends on the real arrangement. The Ontario Landlord and Tenant Board looks at who made the agreement with the landlord, who the lease says may live there, who pays the rent and who deals with the landlord. Being named on the lease is strong evidence of being a tenant. Paying part of the rent to the landlord does not automatically make someone a tenant.
What happens if the tenant moves out and the occupant stays in Ontario?
The occupant becomes an unauthorized occupant. The landlord then has 60 days from discovering this to apply to the Landlord and Tenant Board to evict, or can offer a new lease. If the landlord does neither within 60 days, the Residential Tenancies Act treats the person as an approved assignee, which makes them the tenant on the existing terms.
Can my landlord evict my partner who is not on the lease in Ontario?
Not separately while you live there. Your partner is part of your household. The landlord can act only through your tenancy, for example if your partner causes serious damage or disturbance. If you leave without notice and your spouse stays, Ontario Regulation 516/06 can make your spouse the tenant, subject to exceptions such as leaving within 60 days.
Does the Residential Tenancies Act apply if I rent a room in a house in Ontario?
It depends who you share with. Ontario’s current Residential Tenancies Act does not apply if you must share a kitchen or bathroom with the owner, or the owner’s spouse, child or parent, who lives in the building. If you share only with other renters, the Act usually applies and you can use the Landlord and Tenant Board.
Is the tenant responsible for what an occupant does in Ontario?
Yes. Ontario’s current Residential Tenancies Act lets a landlord give the tenant a notice if another occupant of the unit causes undue damage, seriously disturbs others, commits an illegal act or impairs safety. The tenant is also responsible for repairing undue damage caused by an occupant. That is why a long-term roommate’s conduct can put the tenant’s own home at risk.
How long does a landlord have to evict an unauthorized occupant in Ontario?
Sixty days. Under section 100 of Ontario’s current Residential Tenancies Act, a landlord must apply to the Landlord and Tenant Board no later than 60 days after discovering the unauthorized occupancy. If the landlord misses that window and has not signed a new lease, the person is deemed an approved assignee and becomes the tenant.
Sources
- Residential Tenancies Act, 2006, S.O. 2006, c. 17 (e-Laws, current consolidation)
- O. Reg. 516/06 (General) under the Residential Tenancies Act, s. 3
- LTB Interpretation Guideline 21: Landlords, Tenants, Occupants and Residential Tenancies
- ACTO: Renting with roommates in Ontario
- Steps to Justice: What are my rights if I live with roommates?
- LTB brochure: How a Landlord Can End a Tenancy
Related reading
- Can My Landlord Enter Without Notice in Ontario?
- Can a Landlord Evict You Without Going to the LTB in Ontario?
- Can My Landlord Raise the Rent Every Year in Ontario? 2027 Rules
- Can a Landlord Put Security Cameras in or Outside a Rental in Ontario?
About the author — Jatin Dua, Toronto and GTA real estate broker
I am Jatin Dua, Broker of Record and co-founder of RE/MAX Quantum Realty Inc., Brokerage, Unit 101, 799 The Queensway, Toronto. I work with buyers and sellers across Toronto and the GTA and have helped more than 100 families sell. Four-plus years of active GTA transactions and over $100 million in sales volume.
Reach me at [email protected] or 833-330-1925, or book a call.