Can my tenant move someone in?
Last updated: October 13, 2026
Short answer
Often yes, and whether they need your consent depends on the lease and the province. In Ontario a tenant can have a roommate without your permission if municipal occupancy by-laws are respected, while Nova Scotia's standard lease requires your written consent for anyone not named in it, and in British Columbia and Manitoba the tenancy agreement decides. Alberta, Saskatchewan, New Brunswick, PEI and Newfoundland and Labrador: we found no rule in their Acts requiring consent to add an occupant. What you can act on is a breach of a valid lease term, an unauthorized sublet, or too many people living in the unit, and only through your province's notice process.
Consent and occupant limits by province
Adding a person to the household is not the same as subletting. A roommate or family member living with your tenant is usually an occupant, not your tenant, while a tenant who rents out the unit or part of it is subletting, which needs your consent in most provinces covered here.
| Province | Does the tenant need your consent? | Limits on the number of people |
|---|---|---|
| Alberta | We found no rule in the Act; the lease can list who may live there, and you can ask for the names of the people living in the unit | We found no cap in the Act; provincial housing standards ban overcrowded bedrooms |
| British Columbia | Depends on the agreement: if it does not ban added occupants, the tenant may have people move in | An unreasonable number of occupants is a ground for notice |
| Manitoba | The standard form limits occupants to the tenant, family growth by marriage, birth or adoption, and the people listed; adding others to a specific list needs your agreement | Overcrowding that breaks health, safety or housing standards is a ground for notice after a written warning |
| Saskatchewan | We found no rule in the Act; the lease can set extra rent for each added occupant | An unreasonable number of occupants is a ground for notice |
| Ontario | No, for a roommate, if municipal occupancy by-laws are respected; a lease term banning added occupants is void | A ground for notice only if the number breaks health, safety or housing standards; the notice is void if the tenant reduces the number within 7 days |
| New Brunswick | We found no rule in the Act; the standard lease lists tenants only | We found no general limit in the Act |
| Nova Scotia | Yes: only tenants and occupants named in the lease may live there without your written consent | No province-wide standard was found |
| Prince Edward Island | We found no general rule for a roommate or family member; a sublet needs your written consent | An unreasonable number of occupants is a ground for notice; health rules set minimum sleeping space per person |
| Newfoundland and Labrador | We found no rule in the Act; the standard agreement has a part listing occupants | We found no province-wide limit; the human rights commission says a per-room limit must be in good faith and tied to a real health and safety need |
Can you charge more for an extra person?
Only where the rules allow it, and never by simply adding a fee:
- British Columbia: rent can go up for an added occupant only if the tenancy agreement says the rent varies with the number of occupants, and even then not for an occupant who is a minor. Otherwise a higher rent needs a new agreement.
- Saskatchewan: if the lease sets an amount per additional occupant, the rent can go up when someone is added, and that does not count as a rent increase under the Act.
- Manitoba: the Branch's guide says you cannot give notice or raise the rent because the tenant marries, has a child or adopts, unless the change breaches other terms of the agreement. If the tenancy includes tenant services, such as meals, the tenant services charge can rise when an added person becomes a permanent occupant.
- Ontario: the standard lease says a landlord cannot charge extra fees or raise the rent because of guests, and a term banning roommates is void. We found nothing that speaks to rent for a roommate specifically.
- PEI: the Rental Office says a landlord cannot charge more rent because a new roommate moves in.
In the other provinces covered here, we found no rule allowing a charge for an added occupant, so our reading is that the normal rent increase rules apply. See how much can a landlord increase rent.
What to do if your tenant moved someone in
- Find out who the person is. Ask your tenant in writing whether the person is a visitor, a partner or relative who has moved in, or someone paying the tenant rent. A visitor is a guest; see how long a tenant can have a guest stay.
- Check the lease. Look for a list of occupants, a consent clause or rent that varies with the number of occupants. A clause that goes against the Act, such as a ban on roommates in Ontario, is void.
- Decide whether to add them. If both you and your tenant agree, you can add the person as a tenant, which makes them responsible for the rent and the unit. Nova Scotia's lease guide says every adult living in the unit should sign as a tenant, and anyone who moves in later should be added to the occupants section.
- Do not take rent from the person unless you mean to make them a tenant (our advice). In Alberta and Nova Scotia, accepting rent may lead to the person being treated as a tenant; Ontario's Act says accepting compensation for use and occupation does not by itself create a tenancy.
- If there is a real breach, such as an unauthorized sublet, a broken consent clause or too many occupants, use your province's notice process. Do not give notice just because the tenant has a baby or their children move in: human rights law in each of the nine provinces covered here lists family status as a protected ground, and Manitoba and Ontario add specific protection in their tenancy rules.
If the person is the one you want gone, see can a landlord evict someone not on the lease.
Adding an occupant in each province
Alberta
We found no rule in Alberta's Residential Tenancies Act requiring your consent before a tenant moves someone in. The lease can list the people allowed to live in the unit, and you may ask for the names of everyone living there. A person living there who is not on the agreement is not a tenant, but if you accept rent from them, they may be seen as one.
If someone who is not a tenant is living in the unit, you can serve them a notice to vacate giving at least 14 days, and apply to court if they stay. The Act sets no maximum number of occupants, but the provincial housing standards ban overcrowding: each bedroom needs at least 3 square metres (32 square feet) of floor area and 5.6 cubic metres (197 cubic feet) of air space for each adult sleeping in it.
British Columbia
In British Columbia, the tenancy agreement decides. If it does not say that no additional occupants are allowed, the tenant may have people move in. If it does ban them and that is a material term, a tenant who breaks it and does not fix it after written notice can be served a notice to end the tenancy for cause. The government says a tenant should tell the landlord about guests staying for an extended period, such as several weeks.
An occupant has no rights or obligations under the agreement unless you and the tenant agree to add them as a tenant, and the tenant is responsible for their conduct. Rent can rise for an added occupant only if the agreement says rent varies with the number of occupants, and never for a minor. An unreasonable number of occupants is also a ground for notice, which the tenant can dispute.
Manitoba
Manitoba's standard tenancy agreement limits who may live in the unit to the tenant, any growth in the tenant's family by marriage, birth or adoption, and the people listed on it. If the agreement names who may live there, adding someone needs your agreement, which can mean a new tenancy agreement. If it says nothing, the Residential Tenancies Branch may help you and the tenant sort it out. Adult children, extended family and foster children do not count as natural family growth.
The Branch's guide says you cannot give notice or raise the rent because the tenant marries, has a child or adopts, unless the change breaches other terms of the agreement. A tenant must not let so many people live there on a continuing basis that health, safety or housing standards are broken, and overcrowding is a ground for notice after a written warning. The Manitoba Human Rights Commission warns that an inflated deposit for units with more than four people may discriminate against tenants with disabilities and older adults who have live-in caregivers.
Manitoba lease agreements | Manitoba subletting and assignment
Saskatchewan
We found no section in Saskatchewan's Residential Tenancies Act requiring your consent before a tenant lets another person live in the unit. A written lease can set rent that varies with the number of occupants, and an increase for an added occupant under that clause does not count as a rent increase under the Act. Subletting or assigning needs your written consent.
An unreasonable number of occupants is a ground for a notice to end the tenancy. If the tenancy ends, the writ of possession form covers the tenant and any person claiming through or under the tenant.
Ontario
In Ontario, a tenant can have a roommate without your permission as long as municipal occupancy by-laws are respected, and a lease term banning guests, roommates or additional occupants is void. A roommate is not automatically your tenant, and a tenant who lets someone share the unit is not that person's landlord.
You can give notice only if the number of people living there on a continuing basis breaks health, safety or housing standards, and that notice is void if the tenant reduces the number within 7 days. The Landlord and Tenant Board must refuse an eviction brought because children live in the unit unless it is overcrowding. If the tenant moves out and leaves someone else in the unit without an authorized sublet or assignment, you have 60 days from finding out to apply.
Ontario lease agreement basics | Ontario sublet and assignment
New Brunswick
New Brunswick's Residential Tenancies Act does not deal with occupants who are not tenants, and no rule requiring your consent to add one was found. The standard form of lease lists tenants only. The tenant is responsible for damage and conduct by people they allow on the premises.
Be careful with limits on numbers. The Human Rights Commission says minimum-bedroom and person-per-bedroom rules have a discriminatory effect, and a landlord may not refuse families with children.
Nova Scotia
Nova Scotia's standard lease allows only the tenants and occupants named in it to live in the unit without the landlord's written consent, and tenants are told to give the landlord the names of everyone who will live there. The government's lease guide says all adults living in the unit should sign as tenants, and anyone who moves in later should be added to the occupants section.
A person who occupies the unit and has paid or agreed to pay you rent is treated as a tenant. No province-wide limit on the number of occupants was found; municipal by-laws may set one.
Prince Edward Island
We found no general rule in PEI's Residential Tenancy Act requiring your consent before a tenant adds a roommate or family member who is not a subtenant. Subletting or assigning all or part of the unit needs your written consent, which you cannot unreasonably withhold, but you can refuse if it would mean an unreasonable number of occupants. The Rental Office says you cannot charge more rent because a new roommate moves in, and the tenant must give you the names of everyone living there if you ask.
An unreasonable number of occupants is a ground for a notice to end the tenancy. The public health rules require at least 50 square feet of floor area and 400 cubic feet of space per person in any room used for sleeping.
Newfoundland and Labrador
We found no rule in Newfoundland and Labrador's Act requiring your consent to add an occupant. The government's Policy 1-002 treats spouses, children, other family and roommates who have not agreed to pay you rent as occupants, not tenants. The standard rental agreement has a part where you can list the occupants who may live there besides the tenants. Assigning or subletting does need your written consent.
The Human Rights Commission says a landlord may set a limit on occupants per room or bedroom only in good faith and for a real health and safety reason, and warns that such a rule can discriminate against families with several children or large extended families.
Newfoundland and Labrador lease agreements | Newfoundland and Labrador subletting
Related questions
Can a tenant move someone in without permission?
In many provinces covered here, yes. Ontario lets a tenant have a roommate without the landlord's permission if municipal occupancy by-laws are respected, and Alberta, Saskatchewan, New Brunswick, PEI and Newfoundland and Labrador, we found no rule in their Acts requiring consent. In Nova Scotia, the standard lease requires the landlord's written consent for anyone not named, and in British Columbia and Manitoba it depends on what the tenancy agreement says.
Can a landlord limit the number of occupants?
Only within the law. British Columbia, Saskatchewan and PEI let a landlord give notice for an unreasonable number of occupants, and Manitoba and Ontario allow notice where the number breaks health, safety or housing standards. Alberta, Manitoba and PEI also have public health standards for bedroom space. Any limit has to respect human rights law: New Brunswick's commission says person-per-bedroom rules have a discriminatory effect, and Newfoundland and Labrador's says a per-room limit must be in good faith and tied to a real health and safety need.
Can a landlord refuse an occupant?
Sometimes. In Nova Scotia, and in Manitoba or British Columbia where the agreement limits who may live there, the landlord's consent matters. In Ontario, a term banning roommates is void. A sublet follows its own consent rules, and in PEI a landlord may refuse one that would mean an unreasonable number of occupants. Whatever the province, a landlord cannot refuse someone for a reason human rights law prohibits, such as the tenant's family status.
What if my tenant moved someone in?
Ask your tenant in writing who the person is and whether they are paying rent, then check your lease for an occupants list or consent clause. If the lease and your province allow it, you can agree to add the person as a tenant, or give notice for a real breach such as an unauthorized sublet or too many occupants. Our advice is not to take rent from the person unless you mean to make them a tenant, and never to lock anyone out. See can a landlord evict someone not on the lease.
Can a tenant move a partner in?
Often, but the tenant should check the lease first. Ontario's standard lease says a landlord cannot stop a roommate if occupancy by-laws are met, and Manitoba's protects family growth by marriage. In Nova Scotia the tenant needs the landlord's written consent for anyone not named in the lease, and in British Columbia the tenant should check whether the agreement allows added occupants. As advice, if the partner will share the rent, adding them to the lease gives everyone a clear record of who is responsible.
Can I charge more rent when my tenant adds someone?
Only in limited cases. In British Columbia and Saskatchewan, rent can go up for an added occupant if the lease says the rent varies with the number of occupants, and in British Columbia never for a minor. PEI's Rental Office says a landlord cannot charge more because a new roommate moves in, and Ontario's standard lease rules out extra fees or a rent increase because of guests. Otherwise the normal rent increase rules apply.
Does the new person become my tenant?
Not just by moving in. In Alberta, British Columbia, Manitoba, Ontario, PEI and Newfoundland and Labrador, the rules we reviewed do not make a person a tenant just because the tenant lets them live there. Taking rent from them may change that in Alberta and Nova Scotia (Ontario's Act says accepting compensation for use and occupation does not by itself create a tenancy). In Ontario, if the original tenant leaves the person in the unit without an authorized sublet or assignment and you do not apply within 60 days of finding out, the occupation is treated as an assignment made with your consent.
Can I ask for the names of everyone living in the unit?
Yes, in several provinces covered here. Alberta's privacy commissioner says landlords may ask for the names of people living in the property, PEI's public health rules require the tenant to give the owner every occupant's name if asked, and Nova Scotia tells tenants to give the landlord the names of everyone who will live there. As advice, ask in writing and keep the information private.
Is a roommate the same as a subtenant?
No. A roommate living with your tenant is usually an occupant, while a subtenant rents the unit, or part of it, from your tenant. Subletting needs the landlord's consent in most provinces covered here, and an unauthorized sublet can be a ground for notice. See how to sublet an apartment for each province's rules.
Can I evict a tenant because a baby or children moved in?
No, not for that alone. Manitoba's Branch guide says a landlord cannot give notice or raise the rent because the tenant marries, has a child or adopts (unless it breaches other terms), and Ontario's Landlord and Tenant Board must refuse an eviction brought because children live in the unit unless it is overcrowding. British Columbia's Human Rights Commissioner gives evicting a family because a new baby makes it too big for the unit as an example of harm. See can a landlord refuse children.
Can my tenant rent out a room?
A tenant who rents out a room is subletting, and in most provinces covered here that needs the landlord's consent or approval. Alberta requires written consent, the landlord cannot refuse without reasonable grounds and must give the reasons in writing within 14 days (no answer within 14 days means the tenant may assume consent), and no fee may be charged for consenting, British Columbia requires written consent and the landlord cannot unreasonably refuse when 6 or more months remain in a fixed term, and Manitoba, Prince Edward Island and Newfoundland and Labrador require it in writing. Ontario requires approval and the landlord must have a good reason to refuse, Nova Scotia says consent cannot be unreasonably refused, and Saskatchewan's written-consent rule applies to sublets under a fixed-term tenancy. For New Brunswick, ask the Tenant and Landlord Relations Office about subletting. In Prince Edward Island an unauthorized sublet is a ground for notice. See how to sublet an apartment.
Can a landlord keep you from having guests?
Not unreasonably in most provinces. British Columbia does not allow a landlord to stop guests under reasonable circumstances or charge a guest fee, and Ontario's standard lease says a landlord cannot ban guests, require notice or permission, or charge extra. Prince Edward Island bans a guest fee and unreasonable restrictions on access, and Manitoba and Saskatchewan do not allow unreasonable restrictions on access. In Alberta we found no guest provision in the Act, the government says the lease can set rules about guests, and a person living there who is not a tenant can be served a notice to vacate of at least 14 days. For New Brunswick, Nova Scotia and Newfoundland and Labrador we found no rule on how long a guest can stay or on charging for guests, and we found no time limit on guest stays in the other provinces either. Tenants answer for their guests' damage and disturbance. SQRFT's reading, not law: a long stay can raise occupant questions, since British Columbia, Saskatchewan and Prince Edward Island each let a landlord act where there is an unreasonable number of occupants.
Government sources
- Alberta King's Printer: Residential Tenancies Act
- Government of Alberta: Residential Tenancies Act handbook
- Office of the Information and Privacy Commissioner of Alberta: Guidance for landlords and tenants
- Government of Alberta: Minimum Housing and Health Standards
- BC Residential Tenancy Act
- BC Residential Tenancy Branch: Policy Guideline 13, rights and responsibilities of co-tenants
- Government of British Columbia: Change a tenancy agreement
- Government of British Columbia: Guests
- BC Human Rights Commissioner: Renters
- Manitoba: The Residential Tenancies Act
- Manitoba: Standard Residential Tenancy Agreement (Form 1)
- Manitoba Residential Tenancies Branch: Guide 2.11, tenancy agreements
- Manitoba Human Rights Commission: Guideline on housing
- Government of Saskatchewan: The Residential Tenancies Act, 2006
- Government of Saskatchewan: Tenancy agreements
- Government of Ontario: Standard lease (form 2229E)
- Government of Ontario: Residential Tenancies Act, 2006
- New Brunswick Residential Tenancies Act
- New Brunswick Human Rights Commission: Guideline on housing discrimination
- Government of Nova Scotia: Standard form of lease regulations
- Government of Nova Scotia: Standard form of lease (Form P) guide
- Government of Nova Scotia: Residential tenancies guide to renting
- Nova Scotia Legislature: Residential Tenancies Act
- PEI Residential Tenancy Act
- PEI Rental Office: Frequently asked questions
- PEI Public Health Act: Rental Accommodation Regulations
- Government of Newfoundland and Labrador: Policy 1-002, definition of landlord and tenant
- Human Rights Commission of Newfoundland and Labrador: Guidelines on rental housing
General information, not legal advice. Rules change; check your province's tenancy office before acting.
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