Area of Law: Landlord and Tenant
Answer # 427
Tenants living with childrenRegion: Ontario Answer # 427
Tenant’s right to live with children
Tenants have the right to live with children and not be discriminated against, as long as there is no illegal overcrowding. However, tenants have a responsibility to ensure that their children do not unreasonably disturb other tenants by making excessive noise or committing illegal acts. If a tenant is refused housing or evicted because they have children, it is considered discrimination under the Ontario Human Rights Code.
Eviction possible if children disturb other tenants
If a tenant’s child is unreasonably disturbing others, the landlord first has to notify the tenant by giving them an opportunity to solve the problem. If the problem continues, the landlord may apply to the Landlord and Tenant Board to evict the tenant. If the landlord applies to evict a tenant because of the tenant’s children, the tenant will have an opportunity to attend a hearing and explain their side to the Board.
If a landlord refuses housing or attempts to evict a tenant because of their children, the tenant can contact the legal clinic in their area or speak with someone at the Ontario Human Rights Commission to determine what their rights and options are.
What can a landlord do before evicting a tenant?
Landlords can take steps to ensure that families with children are not harassed by neighbours because of the normal noise associated with children. If necessary, landlords can explore options such as moving the complaining tenant, or providing soundproofing where it is possible to do so without undue hardship.
For more information about tenant rights, visit the Landlord and Tenant Board.
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