Can a landlord limit guests or extra occupants in Ontario?
Short answer: Not for ordinary guests. The General Information in Ontario's standard lease says a landlord cannot stop tenants from having guests, require notice or permission first, or charge extra fees or raise the rent because of guests, and it lists a term that bans guests, roommates or additional occupants as void. What you can act on is conduct and overcrowding: the tenant answers for damage or disturbance by guests and other occupants (N5, RTA ss. 62 and 64), and if the number of people living there on a continuing basis breaks a health, safety or housing standard required by law, you can give an N5 under section 67.
This covers units under the Residential Tenancies Act (RTA). If your renter shares your kitchen or bathroom and you live there, the Act doesn't apply (s. 5(i)); see renting rooms in your home.
What you can and can't do
| Situation | Allowed? | Source |
|---|---|---|
| A lease term banning guests, roommates or any additional occupants | No. The standard lease lists this as an example of a void term. | Standard lease s. 15; RTA s. 4(1) |
| Requiring the tenant to tell you about guests, or get your permission first | No. | Standard lease, General Information Part Q |
| Charging a fee per guest, or raising the rent because of guests | No. A guest fee isn't on the regulation's list of payments exempt from the ban on extra charges. | Part Q; RTA s. 134(1)(a); O. Reg. 516/06, s. 17 |
| Stopping the tenant from having a roommate | No, as long as municipal by-laws on occupancy standards are respected. | Part Q |
| Raising the rent after a roommate moves in | Only under the usual rent increase rules: 90 days' written notice, 12 months since the last increase or move-in, and the guideline for units it covers. | RTA ss. 116(1), 119(1), 120(1) |
| A guest or occupant wilfully or negligently causes undue damage | The tenant is responsible. You can give an N5. | RTA ss. 34, 62; standard lease s. 13 |
| A guest or occupant substantially interferes with you or other tenants | You can give an N5. | RTA s. 64(1) |
| So many people live there on a continuing basis that a health, safety or housing standard required by law is broken | You can give an N5 (overcrowding). | RTA s. 67; N5 instructions |
| The tenant moves out and leaves someone else in the unit without your consent | That person isn't a guest. You can apply on Form A2 within 60 days of finding out. | RTA s. 100 |
| The tenant rents the whole unit to someone else, for example as a short-term rental | That person isn't a guest. The tenant may have to get your permission. | Part Q; RTA ss. 95, 97 |
| Children living in the unit | Not grounds on their own. The LTB must refuse an eviction if the reason is that children occupy the unit and that isn't overcrowding. | RTA s. 83(3)(e) |
The Act also bars a landlord from substantially interfering with the reasonable enjoyment of the unit by the tenant or members of their household (s. 22), and from harassing, obstructing, coercing, threatening or interfering with a tenant (s. 23). Any lease term that conflicts with the Act is void (s. 4(1)). See lease clauses that are void in Ontario.
Guests, roommates and someone who took over the unit
- A guest visits or stays with the tenant. The tenant doesn't need to tell you, and you can't charge for it, but the tenant is responsible for their guests' behaviour (Part Q). The standard lease and the LTB guide both say the tenant must repair or pay for damage caused by the tenant, the tenant's guest or another person who lives in the unit.
- A roommate lives with the tenant. You can't prevent it as long as municipal occupancy by-laws are respected (Part Q).
- Someone the tenant handed the unit to is different. Section 100 applies when the tenant transfers occupancy to another person other than by an assignment or sublet you consented to. See tenant subletting without permission.
Overcrowding: what the N5 needs
The LTB's N5 instructions say that if you give the notice because the number of people living in the unit is more than permitted by health, safety or property standards, you must name the law or by-law that sets the maximum and state the maximum number. They suggest contacting your municipality to find out if there is a by-law and how many people it allows. This page doesn't state any municipal limit; get yours from your municipality.
- Termination date: no earlier than the 20th day after you give the notice (s. 67(2)(a)).
- 7 days to fix it: the notice must require the tenant to reduce the number of people within seven days (s. 67(2)(c)). If they do, the notice is void (s. 67(3)).
- Applying: you can't apply to the LTB before the 7-day remedy period expires (s. 70). The N5 instructions say you apply on Form L2 on or after the 8th day, and the application can't be made later than 30 days after the termination date (s. 69(2)).
- A second N5 given more than 7 days but less than 6 months after the first, because a new problem arises, can have a termination date no earlier than the 14th day after it is given (s. 68). The N5 instructions say that if the first N5 gave the tenant 7 days to correct the problem, the tenant can't void the second one and you can apply to the LTB as soon as you have given it.
- Service: the N5 instructions say you can't give the notice by posting it on the tenant's door.
Worked example
Overcrowding. Suppose your municipality confirms its by-law sets a maximum number of occupants for your unit, and more people than that are living there on a continuing basis. You give an N5 by hand on Monday, November 9, 2026, naming the by-law and the maximum.
- The tenant has 7 days, until Monday, November 16, 2026, to reduce the number of people. If they do, the notice is void.
- The termination date can be no earlier than Sunday, November 29, 2026, the 20th day after you gave the notice.
- If the number isn't reduced, you can file an L2 from Tuesday, November 17, 2026, the 8th day, and no later than Tuesday, December 29, 2026, 30 days after the termination date.
Someone else left in the unit. On Thursday, November 5, 2026 you find out that your tenant moved out on Saturday, October 31 and left a friend living in the unit without your consent.
- The A2 deadline is Monday, January 4, 2027, 60 days after you found out (s. 100(2)).
- If by then you haven't signed a new tenancy agreement with the friend or applied under section 100, and no one has applied under section 101, the friend's occupation is deemed an assignment you consented to, as of the date it began (s. 104(4)).
Where the toolkit helps: The toolkit's Never Do This sheet (File 11) flags banning pets, guests or partners in the lease and points you to an N5 for real problems such as damage or disturbance. The Tenant Screening Scorecard checks that the number of occupants is within the room or unit size and local by-law limits, and the LTB Evidence Pack's communication log records the date, time, who, method and what was said or done. See what is inside the $19 toolkit
Mistakes to avoid
- Writing a no guests, no roommates or no additional occupants term into section 15. The standard lease lists these as void.
- Charging per guest or per extra person, or raising the rent because of guests (Part Q; s. 134(1)(a)).
- Requiring guest names, notice or sign-in before someone visits (Part Q).
- Changing the locks or removing an occupant yourself. You can't recover possession without the tenant leaving or an LTB order (s. 39), and you can't change the locks during the tenancy without giving the tenant replacement keys (s. 24).
- Giving an overcrowding N5 without naming the by-law and the maximum number (N5 instructions).
- Treating children as overcrowding when they don't break any standard (s. 83(3)(e)).
- Missing the 60-day A2 window when the tenant has handed the unit over (ss. 100(2), 104(4)).
Official sources
- Residential Tenancies Act, 2006 (ontario.ca/laws)
- Ontario Standard Lease, Form 2229E (2020/12): section 13, section 15 void-term examples and General Information Part Q Guests (Central Forms Repository)
- O. Reg. 516/06 (General regulation under the RTA), s. 17: payments exempt from s. 134 (ontario.ca/laws)
- LTB: Instructions for the N5 notice (updated Sept 21, 2026)
- LTB forms: N5, Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding, and N5 instructions
- LTB: Instructions for Form A2, Application about a Sublet or an Assignment
- LTB: A Guide to the Residential Tenancies Act
Not legal advice. This site is general information written by a small Ontario landlord, based on official Ontario and Tribunals Ontario sources as of October 25, 2026. Laws and LTB forms change; check the linked official source before you act, and talk to a lawyer or licensed paralegal (or call the LTB at 1-888-332-3234) about your situation. Not affiliated with the Government of Ontario, Tribunals Ontario or the Landlord and Tenant Board. Full disclaimer.