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This type of situation does not fall under the Residential Tenancies Act because you are not considered a landlord. You are the head tenant and the person you are renting to is a roommate not a tenant. Generally, this is better for you because you are not bound by the landlord and tenant rules. However, we suggest obtaining legal advice on this issue from a lawyer or paralegal. We can only provide advice to landlords/property owners. Contact the Law Society Referral Service at https://lsrs.lsuc.on.ca/lsrs/ or through telephone at 416-947-3330, or toll-free at 1-800-268-8326. Since this is a head tenant situation, you can contact the Community Legal Education Ontario (CLEO) at www.cleo.on.ca.

It is not unlawful for a tenant to take in a boarder or roommate to help pay for the rent. The landlord cannot stop a tenant from doing this. Of course, if you obtain an eviction order against the tenant, everyone living there will be evicted as well.

We can’t really tell you for certain if what they have done is contrary to property standards, you may have to check with the municipality’s property standards department about this. If it’s in contravention of any by-laws and/or they have caused damage to the property then you would be within your rights to issue a notice (Form N5) to have them correct the problem.

You do not have control over who comes in after the tenancy commences, as those people would be the tenant’s guests and therefore, the tenant’s problem. If the tenant ends up not pay the whole rent or her guests/roommates cause problems like noise or damage, you would simply begin the eviction procedure against the tenant and try to prove your case at the Landlord and Tenant Board.

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