In Ontario, a tenant is the person who signs the lease or rental agreement with the landlord and is legally responsible for rent and following all terms in the agreement. Tenants have legal rights under the Residential Tenancies Act (RTA).

Although there is no definition of “roommate” or “occupant” in the Act, for the purposes of proceedings at the Landlord and Tenant Board (LTB), a roommate is someone who shares a room, rental unit, or part of a rental unit with a tenant. An occupant is someone who lives in the rental unit as their principal residence with the tenant. An occupant may also be someone who lives in an owner‑occupied home and shares a kitchen or bathroom with the owner or the owner’s immediate family (spouse, child, parent, or the spouse’s child or parent).

Neither roommates nor occupants are tenants unless they have signed the lease with the landlord or co‑signed the lease with the tenant and landlord. Because they have no contractual relationship with the landlord, unlike tenants, roommates and occupants do not have rights under the Act and cannot bring applications to the LTB.

Even if a roommate or occupant pays money to the tenant (or to the owner in an owner‑occupied home), this does not create a tenancy with the landlord. In these situations, the law treats the roommate or occupant as a common‑law licensee. Any disputes, such as over unpaid rent, deposits, or damages, must be resolved through the civil courts, most commonly the Small Claims Court, using ordinary contract and common‑law principles.

This is distinct from:

• A proper sublet, where the tenant vacates the unit entirely and the landlord consents to the sublet; and
• Co‑tenancy, where multiple people sign the lease together and all become tenants with full tenancy rights and responsibilities.

For More Information

For more information, view the Residential Tenancies Act or refer to the Landlord and Tenant Board Landlords, Tenants, Occupants and Residential Tenancies Guideline 21.

Help for Tenants

A criminal record will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.

If you are having financial problems, it may be difficult to rent an apartment or condominium. You can get help to clear your debt and repair your credit. For easy-to-understand debt solutions on your terms, contact our preferred experts 4Pillars and rebuild your financial future. With 60 locations across Canada, they will help you design a debt repayment plan and guide you with compassionate advice. No judgment. For help, visit 4Pillars or call toll-free 1-250-410-3963 .

If you are a Tenant, you can add your monthly rent payment to your credit report using FrontLobby. This can:

• Contribute to improving your credit score (Renters have reported 33pts to 84pts jumps)
• Help establish a positive credit history with a new rent tradeline
• Improve your access to credit related rewards (better bank loans, credit cards, mortgage rates)

Help for Landlords & Property Managers

For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .

If you are a Landlord or Property Manager, you can report rent payments to Credit Bureaus and screen Tenants using FrontLobby. This can:

• Attract financially responsible applicants interested in building credit with their rent
• Decrease rent delinquencies (Landlords have reported 92% reductions) and recover unpaid rent
• Reduce Tenant turnover and improve monthly cash flow

Get Legal Help

If you are having trouble with your tenant or your landlord and would like help, ask a lawyer now.

								
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