Hi folks,

As a new landlord I'd like to ask a question. A tenant in my suite is flagrantly violating the tenancy agreement and having people overnight at least several nights a week that I know of, and probably more. The rent is high in this city and quite possibly they are paying her or a group of them are rotating between a smaller number of apartments to save money. I am concerned about wear and tear and smoking. But apparently the extra guests and smoking are very hard to prove and difficult to enforce. I am considering a face to face meeting to renegotiate the tenancy agreement to include guests at a fee. If that doesn't work, then have regular inspections and wait for the tenant/them to leave in a year. What do others suggest?

I would say it is a hard one to enforce.

If the tenant is having extra people often “living”there is one thing, having “overnight” guest (s) is another.

One is related to the tenancy agreement and the other with his/her private life. (Careful to not cross the line of the privacy act)


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Ideally get witnesses for several nights and then evict based on tenancy agreement.

Check AirBnB or VRBO if this is listed online.


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I have seen some leases that restrict commercial activities such airbnb or similar, also the number of days on a given period for overnight guests. If you are looking to re-negotiate some new clauses/fees note that depending on your jurisdiction such clause will be void if they are in detriment of tenants ability to enjoy the premises.

ThomasBeyer said:

Ideally get witnesses for several nights and then evict based on tenancy agreement.

Check AirBnB or VRBO if this is listed online.


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I am taking that the term "overnight guests" as bedroom friends so my comment is around those lines. I may be wrong. (if related to STR)

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Carla Reis said:

I am taking that the term "overnight guests" as bedroom friends so my comment is around those lines. I may be wrong. (if related to STR)

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What specifically does the lease say ?

If this is an active sex life type situation give them a Box of condoms. If this is A permanent living arrangement for example a long-term girlfriend let them know you’re not upset but will need to increase rent based off increased utilities and do so. Get them to sign off on that. Preventable in the future, every applicant interviewed you ask about their significant other situation or simply assume a boyfriend or girlfriend is moving in and let them know you have no problem with it as long as you can complete a background check and rent will be increased accordingly. Let them know in the future keeping that from you would be cause for evection. And definitely checkAirbnb as suggested above


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Thanks for all your answers.

This is a lease unfortunately. The tenant has another ten months. Of course I'd like them out, but that might be more trouble than worth. It seems like friends living with her. I got a very rude message citing the landlord tenancy act saying that I did not even have a right to "ask" how many over night visits have been used! Wow. And I'm pretty sure there's smoking there too. The attitude of people these days!

CanadianIce said:

Thanks for all your answers.

This is a lease unfortunately. The tenant has another ten months. Of course I'd like them out, but that might be more trouble than worth. It seems like friends living with her. I got a very rude message citing the landlord tenancy act saying that I did not even have a right to "ask" how many over night visits have been used! Wow. And I'm pretty sure there's smoking there too. The attitude of people these days!

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It is paramount that you make clear to them who is the owner.

As such send them random 24h notices to indirect the premises. Then go in and indirect and start to notice things.

You may be successful with an eviction notice due to unauthorized occupancy.

Be persistent! Have witnesses to verify how many folks stay there and how long.

Be tough, friendly AND firm !!

When tenants are citing the tenancy act to you.......you know you don't want to extend after the 1 yr lease.

Indeed tenants have the right to quiet enjoyment and can have 'guests' over as often as they want as long as not being permanent occupants. Only thing you can do is to have a 14 day clause in your contract so tenant has to ask for your permission if longer then that. Any other then that, incredibly hard to prove.

As far as smoking and enforcing you need a no-smoking clause in your contract. And even if they do you still need to prove it. But probably better chance with this if you would want to go the eviction route.

I think sitting down with them and discussing is the best first step.
If that doesn't work, I'm with the above post, where you want to make them feel uncomfortable with visiting as often as you can, preferably early in the morning (-:
As landlords this is one of the rights we have with respecting the 24 hr notice
Make sure you have your camera ready, take pics of any proof you can find etc.

Other then that, hand them their notice before the year is up and move on.

Thank you. Really great help. Back later...