Guests during tenancy

Landlords cannot unreasonably restrict tenants from having guests in their rental unit. Tenants should ensure that guests do not become occupants of their rental unit.

On this page: 

• Unreasonable guest clauses in tenancy agreements 
• Tenant rights and responsibilities
• Landlord rights and responsibilities
• Resources
• I need help

Unreasonable guest clauses in tenancy agreements

Tenants have the right to invite guests into their rental unit. Landlords must respect tenants' freedom to enjoy their rental unit and cannot enforce unreasonable restrictions in tenancy agreements. 

• Learn more about reasonable guest limitations 

Landlords can't charge tenants a guest fee

Any clause in a tenancy agreement around guest fees is unreasonable. 

No restrictions on the number of guest stays per year

Restrictions on guest stays in rental units to a limited number of days per year (e.g., a 14-day per year overnight guest policy) are unreasonable. 

• Tenants must ensure guests do not become occupants of their rental unit
• Landlords have recourse for when a guest becomes an occupant

Guest check-in policies are unreasonable

Policies requiring guests to 'check in' or requiring guests to be accompanied by the tenant at all times are unreasonable. These policies restrict a tenant's right to privacy in a rental unit. 

• Learn more about privacy and quiet enjoyment

Tenant rights and responsibilities 

Ensure guests do not become occupants 

Tenants must ensure that guests are aware that they can't reside in the rental unit on a long-term basis. 

For guests staying for an extended period (such as several weeks), the tenant should inform the landlord of the situation. 

If a landlord tries to evict a tenant for having occupants in a rental unit, tenants can seek dispute resolution. Dispute resolution is a process to help resolve conflicts between landlords and tenants. 

Consider certain factors to determine if a guest has become an occupant

• Whether the guest receives mail at the tenant's address 
• Whether the guest pays for rent or utilities 
• Whether the guest stays overnight regularly 
• Whether the guest moves in personal belongings such as pets or furniture
• Whether the guest has a key to the tenant's unit

Tenants are responsible for guest behaviour

Tenants are responsible for the behaviour of guests in the rental unit and on the property. Guests should be encouraged to be respectful of the property and other tenants. 

Communication about rules can reduce issues

Tenants should clearly communicate any specific rules or guidelines to guests such as:

• Noise restrictions 
• Parking regulations 
• Any other applicable policies 

Tenants are responsible for guest damage

Tenants are responsible for paying for repairs when damage is caused by guests in the rental unit. 

• Learn more about damages and repairs

Tenancy agreements that allow for additional occupants

Some landlords may include a clause in the tenancy agreement that allows for additional occupants. 

In this case, the tenant should talk to the landlord if they wish to add another occupant to the tenancy. 

Seeking dispute resolution for an unreasonable guest clause 

Tenants can apply for dispute resolution if they believe that a guest clause in a tenancy agreement in unreasonable.  

Landlord rights and responsibilities

Guests should not become occupants

Tenants should ensure that guests do not become occupants of their rental unit. 

Consider certain factors to determine if a tenant's guest has become an occupant

• Whether the guest receives mail at the tenant's address 
• Whether the guest pays for rent or utilities 
• Whether the guest stays overnight regularly 
• Whether the guest moves in personal belongings such as pets or furniture
• Whether the guest has a key to the tenant's unit

Speak with the tenant about the occupant

Landlords are encouraged to speak to their tenant if they feel that a tenant's guest should be considered an occupant. 

• Learn more about communicating with tenants

Ending a tenancy over unreasonable occupants

If a landlord has communicated with the tenant and the issue of an additional occupant is unresolved, the landlord has the right to end the tenancy for cause. 

Communication about reasonable limitations can help avoid dispute resolution

While tenants have the right to have guests, it is reasonable for a landlord to set certain guest-related limitations, such as:  

• Enforcing noise restrictions in the rental unit 
• Ensuring guests comply with existing building rules and regulations 
• Avoiding overcrowding in the rental unit 

Landlords should make sure to clearly communicate any limitations to tenants in writing. 

Resources

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