What to Know If You Rent to a Family Member

Renting to a family member can feel convenient—but it can also get tricky when boundaries blur. Understanding both your legal and emotional responsibilities upfront is key. Here’s what to consider before a loved one moves in, especially in Ontario.

1. Understand Your Legal Status

• Whether or not you have a written lease, a tenancy may be established once payment is exchanged and the occupant moves in.

• If shared spaces (like kitchen or bathroom) are used jointly, Ontario's Residential Tenancies Act (RTA) may not apply—meaning eviction may be simpler.
  
  

  • “If they share a kitchen and bathroom with you… your tenancy is probably not governed by the Residential Tenancies Act.”
    

2. When the RTA Applies

• If the family member uses a standalone unit—even informally—Ontario courts may treat them as a tenant under RTA.
  

• To evict legally, you must:

  • Serve the proper eviction notice (e.g., N-series)

  • Apply to the Landlord and Tenant Board (LTB)

  • Attend a hearing

  • Secure and enforce an eviction order via the Sheriff—you cannot lock someone out yourself

3. Communication and Mediation First

• Always start with a respectful conversation. If this doesn’t help, move to a written notice to keep things formal and clear.

• Voluntary mediation via LTB is an option before formal eviction proceedings begin.
  

4. Family Matters: No Lease ≠ No Rights

• Without a formal lease, the situation is still sensitive. Family members occupying the space may gain tenant rights if they’re treated as tenants.

• If eviction becomes necessary, courts—and LTB—may still require formal processes if RTA applies.
  

5. If They Live With You: “Tenant at Will”

• Adult children or close family living with you are often considered "tenants at will"—neither formal nor protected by RTA.

• You can begin eviction via a demand letter or notice to vacate—consult a lawyer for proper steps. In refusal cases, police or trespassing charges may follow.
  

Final Summary

Renting to family in Ontario navigates a gray zone. If shared spaces are involved, RTA may not apply—simplifying eviction. But if they occupy a separate space and you accept rent or other consideration, the RTA likely governs the arrangement. Always start with open communication and mediation. If needed, proceed with proper legal notice, LTB application, and enforcement by the Sheriff. And when in doubt—especially with emotionally sensitive situations—seek legal advice early.

Frequently Asked Questions

1. How do I evict a family member with no lease in Ontario?

• If shared living space applies, RTA may not cover the situation. You’ll likely just need to give reasonable notice and, if needed, escalate—potentially even involving police if they won’t leave.

• If RTA does apply (separate space, tenancy established), deliver the proper eviction notice, apply to the LTB, and follow through with LTB proceedings and Sheriff enforcement.

2. Can you kick a tenant out for family?

• Only if the family member qualifies under RTA—such as a spouse, child, parent, or caregiver—and you follow the N12 process. This includes 60 days’ notice, proper form, compensation (usually one month’s rent), and LTB hearing if contested.

• Extended relatives (e.g. nephew) don’t qualify.

3. How to evict someone renting a room in your house in Ontario?

• If they share your kitchen/bathroom, the RTA likely doesn’t apply. Just give reasonable notice to vacate—no formal eviction process often needed.

• If they’re treated like a tenant (separate living area, paying rent), follow legal process: notice, LTB application, hearing, and Sheriff-enforced eviction