There is no definition of "occupant" in the RTA.
For the purposes of proceedings at the LTB, an "occupant" may be considered to be a person who is not a tenant but who lives in a rental unit as their principal place of residence. An occupant may be authorized or unauthorized depending on the facts of each case.
Similarly, there is no definition of "roommate" in the RTA.
A "roommate" is a person who, like an occupant, shares a room, a rental unit, or part of it with a tenant, but is not a tenant.
In the ordinary circumstance, a person may reside as an occupant or a roommate in a rental unit with or without the consent of the landlord provided that the tenant also resides in the rental unit.
In some cases, a written tenancy agreement may provide who is an occupant of the rental unit. However, even where the written tenancy agreement does not specify who is an occupant, or, where there is no written tenancy agreement, a person may be an occupant of a rental unit provided that person has the consent of the tenant to live in the rental unit and the person's occupancy of the rental unit does not result in overcrowding within the meaning of section 67 of the RTA2.
An occupant or roommate lives in the rental unit at the invitation and at the indulgence of the tenant and under the terms of the tenancy. An occupant or roommate cannot file an application at the LTB relating to the tenancy against either the landlord or the tenant.
Since an occupant or a roommate is not a tenant, that person has no contractual relationship with the landlord, regardless of whether the occupant or roommate pays a fee to the tenant or subtenant to reside in the rental unit. Where the occupant pays a portion of the rent for the unit directly to the landlord, and defaults in payment of their share of the rent, the tenant remains liable to the landlord for payment of the entirety of the rent.
Where an occupant pays part of the rent directly to the tenant, the occupant does not become a tenant. Where the occupant pays part of the rent directly to the landlord, the payment of rent does not automatically result in the occupant becoming a tenant. A determination as to whether that occupant is a tenant will depend upon the facts in each case at the LTB.
As noted, a finding that a person is an occupant means that the occupant has no protection or rights in proceedings at the LTB under the RTA. Any rights that the person may have outside the RTA must be sought in a court.
Can a landlord ask for your ID in Ontario?
A landlord may ask for your driver's licence, passport, income, or other document. These are not required for credit checks but may just allow for a more detailed check to be sent to the landlord. It also allows for the landlord to ensure you're not confused with someone who has a similar name or date of birth.
A landlord may ask for your driver's licence, passport, income, or other document. These are not required for credit checks but may just allow for a more detailed check to be sent to the landlord. It also allows for the landlord to ensure you're not confused with someone who has a similar name or date of birth.
:
