What Are the Rules Around Guests in a Rental Unit in BC
In British Columbia, tenants have the legal right to enjoy their rental home, including hosting guests, under the Residential Tenancy Act (RTA). However, the rules around guests can sometimes create conflict, especially if a guest stays for an extended period or is perceived to have moved in.
Understanding how the law distinguishes between a guest and an occupant can help tenants and landlords avoid misunderstandings and wrongful evictions.
Guest Rights Under the RTA
Tenants in BC are allowed to have guests in their rental unit, including overnight visitors. Landlords are not permitted to charge extra fees for guests, nor can they enforce unreasonable restrictions on how often guests may visit or how long they can stay, provided the guest’s presence remains reasonable and does not interfere with others’ rights or breach the tenancy agreement.
According to RTB policy guidelines, a landlord cannot prohibit guests entirely or set arbitrary limitations, unless there are legitimate concerns related to over-occupancy, damage, or other lease violations.
When a Guest Becomes an Unauthorized Occupant
There is no fixed rule for how many days a guest may stay before becoming an occupant. However, if a guest begins to use the unit as their primary residence, they may no longer be considered just a guest.
Indicators that a guest may have become an unauthorized occupant include:
Staying in the unit most nights of the week
Keeping personal belongings in the unit
Receiving mail or deliveries at the address
Having no other permanent residence
If the tenancy agreement sets limits on the number of occupants or requires landlord consent to add another resident, the landlord may view the situation as a breach of the lease. In such cases, the landlord may issue a Notice to End Tenancy based on the unauthorized addition of an occupant.
Disputing Evictions Related to Guest Issues
If a tenant receives an eviction notice because of a guest’s extended stay, they have the right to dispute the notice by applying for dispute resolution through the Residential Tenancy Branch (RTB).
An arbitrator will consider the facts of the case and determine whether the guest truly became an occupant, and whether the tenancy agreement was breached. If the eviction notice is found to be unjustified, the arbitrator may cancel it.
Until a decision is made, tenants are generally permitted to remain in the rental unit.
Supportive Housing Exceptions
Guest rights under the RTA may not apply in the same way in supportive housing or other exempt residential programs. These types of housing arrangements often include additional services, such as healthcare or addiction treatment, and may be governed by different rules.
Supportive housing providers may have stricter guest policies in place to protect the safety, privacy, or treatment goals of all residents. If you're unsure whether your housing qualifies as supportive housing, it's important to consult the provider, seek legal advice, or contact the RTB.
Why This Matters
The right to host guests is a fundamental part of residential tenancy in BC, but it comes with responsibilities and limits. Understanding the difference between a guest and an occupant, and how these roles are treated under the RTA, is essential for avoiding disputes and protecting your housing.
Before inviting someone to stay long-term, tenants should:
Review their tenancy agreement
Be aware of occupancy limits or subletting rules
Communicate with their landlord if necessary
Keep records in case of dispute
This article is for general informational purposes only and does not constitute legal advice. The Residential Tenancy Act, related regulations, and RTB policy guidelines are subject to change, and the outcome of any dispute depends on the specific facts of each case. For the most current and accurate advice, contact the Residential Tenancy Branch or consult a qualified legal professional.
