Is it okay to rent my condo to someone whose parents will be staying there?

Rentals Listing
1

Hey everyone, I’ve got a bit of an unusual situation. Someone contacted me about renting my condo for their parents who are visiting from another country for a couple of months. The thing is, the person who wants to sign the agreement won’t actually be living there, just their parents. Is this okay? Are there any potential issues I should be aware of?

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2

As a landlord, I’d be cautious. Who will be responsible if something goes wrong? The person signing or the parents staying there? It’s a tricky situation.

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There are a few things to consider here:

  1. Legally, you can rent to whoever you want, and they can have guests stay. However, the person on the lease is responsible for the property and following the terms of the lease.

  2. Check your condo bylaws. Some condos have restrictions on short-term rentals or how long guests can stay.

  3. Be aware that once you rent it out, the Residential Tenancies Act (RTA) applies. This means the tenant (the person who signed the lease) has all the usual protections, even if they’re not physically living there.

  4. Consider doing a thorough screening of the person who wants to sign the lease. They’re the ones you’ll be dealing with legally.

  5. Make sure your lease agreement is clear about who is allowed to live in the unit and for how long.

It’s not necessarily a problem to rent out your condo this way, but make sure you’ve covered all your bases legally and practically.

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Couldn’t the parents just sign the lease themselves? Wouldn’t that be easier?

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Not necessarily. If the parents are just visiting and don’t have Canadian credit history or income, they might have trouble qualifying for a lease on their own. That’s probably why their child, who I assume is a resident or citizen, is offering to sign.

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Thanks for all the advice! I’ll definitely check my condo bylaws. Does anyone know if this could be considered subletting?

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This wouldn’t be considered subletting. Subletting is when a tenant rents out all or part of a unit they’re already renting. In this case, you’d be directly renting to the person signing the lease. They’re just allowing their parents to stay as guests.

However, make sure your lease clearly states who is allowed to occupy the unit. You might want to include a clause about long-term guests or get the parents’ information as well.

Also, consider the length of the lease. If it’s only for a couple of months, it might fall under short-term rental rules, which can be different. Some municipalities and condo boards have restrictions on rentals under a certain length of time.

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what if the parents overstay their welcome? could be a headache to deal with

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That’s a valid concern. If the parents overstay, it would be the responsibility of the tenant (the person who signed the lease) to ensure they leave. If they don’t, and it becomes an issue, you’d deal with it through the tenant, not directly with the parents.

To mitigate this risk:

  1. Have a clear end date in the lease.
  2. Include a clause about guest stays and occupancy.
  3. Communicate clearly with the tenant about expectations.

If there are issues after the lease ends, you’d follow the same process as with any other tenant who refuses to leave - through the Landlord and Tenant Board. But remember, it’s the person who signed the lease who’s your tenant, not the parents.

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This is all really helpful information. I think I’ll go ahead with it, but make sure to have a really clear lease agreement. Thanks everyone!

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