Toronto Renters Forum
Common Tenant Problems => Other Tenant Problems => Topic started by: reneefan on October 10, 2021, 02:41:27 pm
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I rent a condo unit and I want my girlfriend to move in with me but not on the lease. I am fully responsible for paying all the rent and the condition of the condo unit. Do I have to get my landlord's consent?
And my landlord request an ID from whoever lives with me for longer than one week, as his agent said it is common in Toronto and the landlord has the right to know whoever resides in his owned property. Does he legally allowed to request my girlfriend's ID?
I have no problem letting him know that my girlfriend is moving in with me but I do not feel comfortable providing any more information about her.
Thank you in advance!
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Your landlord has the legal right to know who they are renting their space to (i.e., YOU), but they have no right to know who your guests are so long as those guests do not cause problems (damage, noise, break the law, etc.).
Firther, they cannot discriminate against you because of your marital status or family status, so whether you have a girlfriend or not is none of their business: http://www.ohrc.on.ca/en/human-rights-tenants-brochure (http://www.ohrc.on.ca/en/human-rights-tenants-brochure)
Your landlord also cannot charge you more rent if your girlfriend visits, or even is she moves in – this Toronto Star article (https://www.thestar.com/news/gta/2019/08/23/a-roommate-moves-into-your-apartment-can-the-landlord-raise-the-rent.html) provides some accurate information (from a former Landlord and Tenant Board adjudicator, and ACTO (tenants’ rights) lawyer).
Your landlord also cannot stop you from having guests:
https://stepstojustice.ca/questions/housing-law/can-my-landlord-stop-me-having-guests (https://stepstojustice.ca/questions/housing-law/can-my-landlord-stop-me-having-guests)
Further, for regular rentals (not social housing) there is nothing specified in the law anywhere that limits how long a guest may visit you.
You, and also your girlfriend, also cannot be compelled to sign a new lease if she moves in, but doesn’t sublet. This NOW magazine article (https://nowtoronto.com/lifestyle/real-estate/rental-lease-ontario-sign-new-one-someone-moves-in) provides clarity on this from another ATCO lawyer.
Also, note the quote from Geordie Dent of the FMTA (a terrific Toronto-area tenant-rights advocate):
Some residents may find themselves living with short-term roommates who don’t plan on adding themselves to the lease. Even then, there isn’t always a requirement to provide your landlord with information about those occupants, according to Geordie Dent, FMTA’s executive director.
“As long as you’re not violating overcrowding bylaws, you’re legally allowed to have as many people as you want in your apartment,” Dent says.
But if you decide to sublet some or all of your place to your girlfriend, then you must get permission from the landlord (and the landlord is allowed to do their “due diligence” in terms of seeing the new tenant’s ID and running a credit check). In this case, your girlfriend can be used to sign a lease.
http://www.acto.ca/~actoca/assets/files/docs/TipSheet_Assignment%26Subletting_0107.pdf (http://www.acto.ca/~actoca/assets/files/docs/TipSheet_Assignment%26Subletting_0107.pdf)
https://www.cbc.ca/news/canada/london/questions-renters-landlords-1.4751954 (https://www.cbc.ca/news/canada/london/questions-renters-landlords-1.4751954)
So, so long as your girlfriend is only visiting or living there and not subletting (i.e., YOU are responsible for paying the rent, not her), then she does not have to provide her name or ID to the landlord.
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Also, just so you know, you can get good information regarding your specific situation by calling the Federation of Metro Tenant Associations Telephone Hotline:
https://www.torontotenants.org/hotline (https://www.torontotenants.org/hotline)
at: 416-921-9494
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Lots of good advice going around.....Kudo's
First thing I would ask is for him to put the request in writing.
Management always ask you to put it in writing, so....ask for it in writing.
The only information he needs to know is first and last name for ALL the residents that actually populate the building.
For safety reasons ONLY!
An example would be a rescue list of apt's and names for people with disabilities located in the "Fire Plan Box" mounted at the front door in the event of a fire or emergency Fire Dept. need's to know who to evacuate.
People who cannot walk, breathing issues, heart issues, wheel chair, scooters or what ever their issue may be.
Simply put its common sense and for everyone's benefit to tell them you have a person living with you.
She does not need to be put on a lease nor does she need to sign anything nor do you.
More specifically she did not apply for a job.
Asking people who they are and where are they going is harassment.
The Fire Department needs to know how many people live in the building in the event something happens.
Furthermore, I hate to say it but landlords/agents can ask what ever they want.
You are not obligated to answer unless its in writing and even then it is not mandatory.
Oldest rule's in the book question everything, never sign anything, always get it in writing.