# Tenant wants to rent out an extra room for a month



## Causalien (Apr 4, 2009)

Hi all,

As you all know, I rented out one of the suite of my house previously. What's being a landlord without extra complications right?

So my tenant comes to me and asked if it's possible to have someone stay in the extra spare room for a month or two. (The tenant rented a 2 bedroom by herself). I personally have no problems, but just wondering if I need to sign something with the guy, in case he refuses to leave afterwards. What are my options and what are the potential complications?

*edit: Forgot to mention that this is in BC


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## Sampson (Apr 3, 2009)

Tenancy laws are province specific.

I personally wouldn't allow any form of subletting, unless I was able to 'chose' the new tenant myself.


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## Causalien (Apr 4, 2009)

I've been reading up on this.

The law doesn't seem to suggest this is subletting. As subletting is the complete change of occupants. So for her case to be considered subletting, she has to move out and the other person move in.
In this case, it seems that the person is considered a guest and the only action I can perform is a notice of termination of tenancy.


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## Chris L (Nov 16, 2011)

Causalien said:


> I've been reading up on this.
> 
> The law doesn't seem to suggest this is subletting. As subletting is the complete change of occupants. So for her case to be considered subletting, she has to move out and the other person move in.
> In this case, it seems that the person is considered a guest and the only action I can perform is a notice of termination of tenancy.


You're on the right track here. This person is a guest. In Ontario, you couldn't do much about a guest unless they were disruptive or caused overcrowding (a grey judgement area). Since they are a guest, they fall under your lease and other tenant, and therefore are their responsibility.

Why do you want to evict your tenant? Do you think having a guest, permanent or otherwise is a problem?

I wouldn't worry too much. It's kind of like having a tenant move cats in after the fact. Usually it's something you deal with day-by-day and see how it goes. You can always express your personal opinion to your tenant. Express your discomfort and concerns and see where that goes. Often a little bit of negotiation and communication goes a long way. Perhaps you can negotiate a bit higher rent for the extra wear and tear and make it worth your while? Talk it out.


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## Sampson (Apr 3, 2009)

Somehow I read your tenant wanted to rent out one of the rooms. My mistake. If I were the tenant, I wouldn't even be asking the landlord unless your lease specifically includes a clause about guests.


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## kcowan (Jul 1, 2010)

As long as the presence of the guest is transparent to you, there is no recourse.


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## Causalien (Apr 4, 2009)

I am guessing that she is charging the guy rent. I just don't want I end up with an extra tenant that I have to evict when the real tenant's lease end by some kind of weird law that says the extra occupant is now a squatter.


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## marina628 (Dec 14, 2010)

Do you live under same roof ,if so I would tell her she can have a temporary guest (under 60 days) but if she wanted to make it more permanent then the new person has to fill out application , do credit check etc and go on the lease.If she is not comfortable putting him on the lease then she should not expect you to be comfortable having him there.the fact that she asked you for permission opens the door to renegotiate the lease.Don`t want to read too much into it maybe it is a old friend who needs a couple months to get on their feet and move on ,definitely I would be asking few more questions before i gave the green light.


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