A landlord usually requires that everyone who is living in a rental unit be named on the lease. Landlords have the right to know how many people are living in the rental unit and who is living in it. This information is important to ensuring the Minimum Housing and Health Standards are met, and that both landlords and tenants can exercise their rights if either breaches their legal obligations.
If a person is named as a tenant on the lease, that person is subject to all of the rights and obligations of a tenant under the Residential Tenancies Act. For example, if Joe and Beth are both named as tenants on the lease and they don’t pay their rent, the landlord can choose to collect the rent from Joe alone, Beth alone, or from Joe and Beth.
Where someone is named as a tenant on the lease but has not signed it, they still have rights and obligations under the Residential Tenancies Act. If the lease includes rights and obligations outside of the Act, the tenant who has not signed the lease may not be subject those provisions. For example, if a lease gives a tenant the ability to end a periodic tenancy with a shorter notice period, a tenant who has not signed the agreement may not get the benefit of the shorter notice period.
If someone moves into the rental unit without the landlord’s approval, then the landlord has the right under the Residential Tenancies Act to require the person to vacate the property. Depending on the circumstances, the person may have to leave within 48 hours or 14 days. You can read more about notices in the Notices section of this website. See also: Notice to Vacate.
December 2019
