Can Landlord charge extra for a visiting Guest?

[user1]

Hello,

I am visiting from Winnipeg my mother in Hamilton ON and I am planning to stay at her house for about a month.

She contacted her landlord and he said I need to pay 200$ for the month I am here.

I was wondering if you can give me information if this is in fact legal because I am just a guest visiting my mother.

Thank you

[SettlementOrgMod]

Hello,

Thank you for sharing your situation and question with us.

We can appreciate that you would be interested in this type of information. It is really important that you be aware of what you and your mother’s rights are in this situation.

You can find some detailed information regarding rent increases and what is allowed in our Settlement.Org How often can a landlord increase the rent? article.

A landlord can raise the rent every twelve months by a percentage that the provincial government sets. The landlord must give the tenant a written notice at least 90 days before the rent goes up.

It is important to note that, the guideline does not apply to some newer rental housing.

Regarding the situation you mentioned, where a guest is staying in a rental unit, you can find some very helpful information on the Landlord’s Self-Help Centre website. The Landlord’s Self-Help Centre is a non-profit community legal clinic which supports Ontario’s small-scale landlord community exclusively.

Here are some excerpts,

Can a tenant have other people living in the rental unit that are not on the lease and without our agreement?

The tenant is legally allowed to have other people living with her that were not on the lease and she is not required to obtain your consent. As long as the unit does not become overcrowded and there are no disturbances the landlord has no recourse.

If a tenant has another person living in the unit, what are the rights of landlord with respect to increase of rent to cover the costs, etc.?

There is actually nothing a landlord can do if a tenant brings in another person to live in the unit. The rent cannot be increased on that basis, it can only be increased once every twelve months by the guideline allowed each year. In order to increase the above the guideline the landlord has to show that there has been an extraordinary increase in utilities. An application has to be made to the Landlord and Tenant Board for approval of the increase. You can obtain more information on this process on the Board’s website at www.ltb.gov.on.ca.

The tenant says they are allowed to have more people move in than were on the lease. Is this true?

The tenants are permitted to have more people move into their unit regardless of how many people are on the lease provided that the number of people living in the unit does not contravene the municipal guidelines. If the number of people occupying the rental unit on a continuing basis contravenes health, safety or housing standards required by law, you may serve a notice of termination. However, the municipal guidelines for overcrowding are very generous. You must allow 100 sq. ft. per person excluding hallways, bathrooms and closets. If the overcrowding exceeds the standard, you can give a notice of termination which the details or the grounds for termination. The tenants can avoid termination if they reduce the number of persons occupying the rental unit to comply with health, safety and housing standards within 7 days.

It is best that before you or your mother agree to or sign anything that she contact the nearest Community Legal Clinic for free legal advice and some assistance.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org