Too many occupants? What can the Landlord do?

Home Lease Agreement: Too Many Occupants?

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. It may not be up to date. Laws change often and without notice. If you need legal advice with respect to a residential lease agreement or sublease contract, you should seek professional assistance (e.g. make a post on Dynamic Legal Forms). We have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. You can also contact me directly.

So can a Landlord in Ontario terminate a fixed lease and evict the tenants if they exceed the number of occupants that was originally agreed to? Well, you’ll recall from my previous blogs that a Landlord CAN only end a tenancy pursuant to the terms of the Residential Tenancies Act, 2006. With respect to occupants, a Landlord can only give notice of termination of tenancy to a Tenant if:

  • An occupant commits an illegal act or carries on an illegal trade in the rental unit: section 61(1).
  • An occupant wilfully causes undue damage to the rental unit: sections 62(1) or 63(1).
  • An act or omission of an occupant in the rental unit seriously impairs the safety of any person: section 66(1).
  • The number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law: section 67(1).

Without these types of justifications, the Tenant is protected from having the lease terminated – EVEN IF the terms of the residential lease agreement say otherwise!

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