Tenant vs. Occupant in Ontario: Why the Distinction Decides Your Rights
Not everyone who lives in a rental unit is a "tenant" under the Residential Tenancies Act. The legal difference between a tenant and an occupant determines w...
Frequently Asked Questions
Can a roommate file at the LTB if the landlord won't do repairs?
Only if the roommate is a tenant — meaning they have a direct tenancy relationship with the landlord (e.g., both names on the lease, or the landlord accepts rent directly from both). If the roommate pays rent only to the named tenant, they are an occupant and the LTB will not hear their application. The named tenant would need to file the T6.
What happens to an occupant if the tenant is evicted?
The occupant must leave too. An occupant's right to be in the unit derives from the tenant's right. When the tenant's tenancy is terminated by an LTB order, the occupant has no independent right to remain. The Sheriff can enforce the eviction order against all persons in the unit.
My partner and I split rent but only my name is on the lease. Is my partner a tenant?
Probably not under the RTA. If your partner pays their share to you (not directly to the landlord) and has no independent agreement with the landlord, they are an occupant. Their right to live in the unit comes from your relationship, not from the RTA. To give your partner full tenant rights, ask the landlord to add them to the lease.
Can a landlord refuse to add someone to the lease?
Yes. A landlord cannot unreasonably refuse an assignment (RTA s. 95), but adding a co-tenant is different from an assignment. There is no RTA provision requiring a landlord to add an occupant as a co-tenant. However, if the landlord accepts rent directly from the occupant or otherwise acknowledges them as a tenant, a tenancy may be created by conduct regardless.
If the sole tenant dies, does the spouse automatically become the tenant?
No. Under s. 91(1) of the RTA, the tenancy is deemed terminated 30 days after the tenant's death. A surviving spouse or occupant must negotiate a new tenancy with the landlord. If the landlord agrees and accepts rent, a new tenancy is created. If the landlord does not agree, the occupant must vacate after the 30-day period.
Contact Legal Assist
Legal Assist Paralegal Services — Licensed by the Law Society of Ontario. Serving London, Ontario and Southwestern Ontario. Call 226-272-5153 or email jeanfrancois@legalassist.london for a free consultation.